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Questions Answered by Jonathan R. Ratchik
Q: Deadline for Article 75 review on No-Fault Master arbitration award in NY?

I am inquiring about the deadline for an insurer to file an Article 75 review related to a No-Fault Master arbitration award. The award was issued in October 2024, but the insurer hasn't responded or issued payment per the award's terms. I'm aware that NY CPLR 7511 indicates a 90-day... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 9, 2025

If you received an arbitration award and payment has not been timely made, your next step is to file a petition to confirm the award. Keep in mind that if the award is over $5,000, the insurance company can request a de novo review of the arbitration award (which is akin to a lawsuit). Here's... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I needed emergency surgery after a misdiagnosis of anal swelling by a surgeon in June 2024, leading to multiple surgeries.

In June 2024, I visited a surgeon due to a swollen anus, expressing concerns because I had anal fistula surgery 17 years ago. The surgeon examined me with a sigmoidoscope and said nothing was wrong. A month later, I required emergency surgery for a deep abscess and transsphincteric anal fistula,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 1, 2025

So sorry to hear what happened to you. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. As it applies to your case, you'd need to prove that the first surgeon misdiagnosed you and/or failed to properly treat your... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Exploring legal options for potential medical malpractice aftermath from epidural.

I gave birth on June 2, 2024, and during the epidural procedure, my fiancé was allowed to hold my arms, but he collapsed during the insertion of the needle, causing immediate pain. The anesthesiologist blamed the difficulty on my back being curved, which later scans proved was not the case. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 27, 2025

Sorry to hear what your going through. In any medical malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. The only way to determine whether you have a viable case would be to obtain copies of your medical records and speak with an... View More

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6 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Bowel incontinence post-colon resection surgery, NY, seeking legal advice.

Since my colon resection surgery in February 2024 at Northern Westchester Hospital in Mount Kisco, NY, I have been experiencing bowel incontinence, diarrhea, and severe coughing. My doctor recently ordered a barium X-ray, which revealed that the surgeon performed a side-to-side anastomosis and left... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 27, 2025

Sorry to hear what happened to you. To have a viable claim for medical malpractice you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by such departure. From what I can tell, blind loop syndrome appears to be a recognized complication of colon resection surgery and... View More

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4 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: How to file a Request for Judicial Intervention in a personal injury case in Kings County?

I am involved in a personal injury case where I am suing a party in Kings County Supreme Court. They have responded to my initial complaint and summons, and the court instructed me to file a Request for Judicial Intervention (RJI) along with something else, but did not specify what. I am unsure if... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2025

It's likely that the Court instructed you to file a Request for Preliminary Conference - that will get discovery moving on your case. With regard to how to fill out the RJI, my colleague gave excellent advice. If all else fails, call the NYSCEF help desk or the clerk's office. Finally, it... View More

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4 Answers | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Real Estate Law for New York on
Q: Senior attacked by neighbor on Long Island with a bat, resulting in injuries; seeking advice on suing for damages.

I am a senior who was attacked by my neighbor with a bat, resulting in a fractured rib, bruises, and significant hair loss during the attack. The incident was reported to the police, and I have undergone medical treatment, with all necessary documentation available. This issue has been ongoing, and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 18, 2025

Sorry to hear what happened to you. It sounds like you might have a straightforward case against your assailant. Just keep in mind that the statute of limitations for any such lawsuit is one (1) year. Also, intentional torts are not covered by insurance which means that unless your assailant has... View More

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4 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: What can I do if a livestock owner refuses to provide insurance info after an accident in NY?

I was involved in a head-on collision with a 1,400 lbs cow that wandered into the road on April 23, 2024, at 10:30 pm. I was driving at the speed limit (55 mph) and was wearing my seatbelt. My car was totaled, and I have insurance with Progressive Auto Liability, including Uninsured &... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 16, 2025

Sorry to hear what happened to you. In New York, a farmer can be held liable for injuries caused by their animal wandering onto a roadway if they were negligent in allowing the animal to escape. If you haven't already, file an application for no-fault insurance benefits with your own insurance... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Mistaken identity in child's medical records: Possible HIPAA violation?

I recently downloaded medical records for my child and noticed an unrelated person's name on the records. I called the medical office to inquire how this name was added, but the receptionist could only offer to remove it, without explaining how or when the error occurred. I've stressed... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 12, 2025

If the records you received related to another child / patient, then it might very well constitute a HIPAA violation. That said, HIPAA does not create a private cause of action for the aggrieved party (or for the individual who inadvertently received their medical records). Apart from perhaps... View More

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5 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: What legal options do I have for nursing home neglect resulting in a stroke?

I'm concerned about my 91-year-old mother who fell at her nursing home around 7 pm, but an ambulance wasn't called until the next morning. Once at the hospital, she was diagnosed with a stroke. She is now in bad condition, requires significant therapy to regain half of her former... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 11, 2025

So sorry to hear what happened to your mother. As my colleagues correctly advised, get copies of your mother's medical records and best to speak with an experienced personal injury / medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA... View More

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Q: Traumatic workplace accident with malfunctioning machine causing severe injury and employer secrecy affecting worker's compensation case.

I experienced a traumatic workplace accident on September 1, 2023, caused by a malfunctioning Robot Coupe 2 food processing machine, which resulted in the amputation of my right index finger and avulsion of my right middle finger. I reported the incident to management, who contacted the police, and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 9, 2025

Sorry to hear what happened to you. It sounds like you've taken the necessary steps to protect your interests by hiring an attorney. Your attorney should be able to perform an investigation into the incident and taken measures to have the machine in question preserved as to that it can be... View More

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4 Answers | Asked in Car Accidents, Workers' Compensation, Civil Litigation and Personal Injury for New York on
Q: Am I responsible for a lien due to unpaid therapy after settlement?

I was involved in a fender bender with a yellow cab on December 7, 2023. On May 2, 2025, I received a letter from the yellow cab company stating the settlement amount I would be receiving. This letter was sent to my lawyer to help me obtain my settlement check. However, I haven't received my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 9, 2025

If it is a valid lien, you are ultimately responsible for paying it. That said and as my colleagues correctly advised, your attorney will be in the best position to evaluate the validity of the lien and to negotiate a reduction and/or waiver of the lien. Your lawyer might also be able to submit the... View More

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2 Answers | Asked in Civil Litigation, Wrongful Death and Personal Injury for New York on
Q: Seeking guidance for second autopsy due to inconsistencies in drowning report.

I am seeking help to obtain a second autopsy for my son due to significant inconsistencies in the coroner's findings. His death was initially reported as accidental drowning after being missing underwater for six weeks, with the report indicating the event happened at work. However, neither... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 2, 2025

I'm so sorry for your loss. Obtaining an exhumation of your son's remains is a complicated process and, at a minimum, will require the filing of a petition in the Supreme Court of the county in which he is buried, and a showing of good cause for the exhumation. To have any realistic... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue the hospital for malpractice due to premature birth treatments causing nose indent?

I was born premature and spent two months on breathing tubes in a hospital incubator. I'm now 23 years old and have a permanent indent on my nose, which affects my self-esteem. I believe this may be due to the tubes not being changed as often as necessary. Can I sue the hospital for malpractice?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 30, 2025

Sorry to hear what happened to you. Although New York Civil Practice Law & Rules § 208 tolls the statute of limitations for an infant until the infant reaches the age of 18, medical malpractice actions cannot be tolled for more than ten (10) years after the cause of action accrues. If your... View More

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2 Answers | Asked in Civil Rights, Criminal Law, Libel & Slander and Personal Injury for New York on
Q: Does an expired order of protection toll defamation statute of limitations in NY?

I was falsely arrested following allegations made by an ex-partner, and she obtained an order of protection against me. The incident involved charges for property damage, initially a felony due to the value of the door, which were dropped to disorderly conduct, and a harassment charge with no... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 29, 2025

An order of protection does not toll the statute of limitations in New York. Under CPLR § 208, a statute of limitations can only be tolled due to infancy or insanity. Regardless, pursuant to CPLR § 215(3), the SOL for defamation (libel/slander) is one (1) year from the date of publication of the... View More

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4 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for New York on
Q: Doctors refuse to test for PCOS/endometriosis. Can I take legal action to compel testing?

I have been suffering from symptoms potentially related to PCOS or endometriosis, but several doctors have refused to test me for these conditions despite my repeated explanations and the hospital visit records I've provided. I have consulted three other doctors with similar results. I am... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 14, 2025

Sorry to hear what you're going through. Generally speaking, a judge is not going to require a medical provider to treat you a certain way or order what you believe to be necessary tests. This is not the type of relief the judicial system can provide. If you are unhappy with the quality of... View More

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4 Answers | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: Legal actions for nursing home causing dislocated shoulders.

My mother, who has been bed-bound in a nursing home for two years, has received two dislocated shoulders under their care. The hospital found multiple dislocations, some over a year old. I have discussed these findings with the nursing home staff, and I have documentation from the hospital. What... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 13, 2025

So sorry to hear what happened to your mother. You can certainly report the incidents to the NYS Department of Health if you suspect (or have evidence) that she's being abused or neglected, or mistreated, https://apps.health.ny.gov/surveyd8/nursing-home-complaint-form

With regard to...
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5 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 9, 2025

Sorry to hear what happened to you. In any malpractice action, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Given the time and expense of malpractice actions, they usually only make sense if there's been a serious, permanent injury. A... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be sued for malpractice due to rushed procedure from scheduling error?

I would like to know if I can sue a medical group for malpractice due to a procedure being rushed because of a scheduling error. The improper scheduling caused anxiety and resulted in less pliable muscles during the procedure, increasing the risk of a negative outcome, which did occur. The medical... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 7, 2025

Sorry to hear what happened to you. In any malpractice action, you need to demonstrate 1) a departure from the standard of care; and 2) harm resulting from the departure. Moreover, where a physician has exercised professional judgment by selecting one of several acceptable courses of treatment... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Seeking advice on pursuing compensation for misdiagnosis of schizophrenia by doctors in Binghamton, NY, and the resulting impacts on my son's life.

My son's primary care physician in Binghamton, NY, initially diagnosed him with OCD. The second doctor, a psychiatrist, changed the diagnosis to schizophrenia, but we believe his symptoms align more closely with OCD. Despite our concerns, subsequent psychiatrists maintained the schizophrenia... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2025

Sorry to hear what your son has gone through. In any malpractice action, you need to demonstrate that there has been 1) a departure from the accepted standard of care; and 2) harm caused by the departure. Where a physician has exercised professional judgment by selecting one of several acceptable... View More

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5 Answers | Asked in Car Accidents, DUI / DWI, Insurance Defense and Personal Injury for New York on
Q: Will signing insurance paperwork for an accident affect my girlfriend's DUI case in New York?

I want to know if signing a no-fault insurance law paper at the hospital after sustaining a head injury from an accident where my girlfriend, who is jailed for a DUI and involved in an ongoing legal case, hit two cars, will negatively affect her case. I do not intend to sue her, but I am concerned... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2025

Sorry to hear what happened to you. in the application for no-fault insurance benefits, there's always a section which asks how you were injured. If the case against your GF went to trial and you were called as a witness, you could conceivably be questioned about your application (assuming it... View More

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