Brooklyn, NY asked in Medical Malpractice for New York

Q: Please help me to understand

I'm going to give a hypothetical,an example. Let's say you go to get your car detailed,the guy says ok,come back tonight to get it,you go back later. The car is detailed but now the engine is missing and the guy tells you he doesn't know what you're talking about. Now it's my responsibility and job to prove to an attorney that it was the guys fault before he takes me on as a client,then I have to find an independent non partial mechanic to say the first guy was responsible?It's actually a medical malpractice suit,the last time I counted I went to the emergency room at least 10 times and not once did they solve the problem.That's how hard it is to get justice?

Related Topics:
2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: I'm sorry for the frustration you experienced with the emergency room. One option would be to reach out to med mal attorneys to discuss in further detail. If a law firm felt that you had grounds for a case, they would retrieve your records and review them with medical professionals. Please keep in mind that if you're dealing with city hospitals or other public entities or parties, there could be short notice of claim requirements (if applicable, these could be in the order of days) as well as accelerated statutes of limitations. Therefore, if there are grounds for a case, it would be in your best interest to immediately learn what timetables you would need to act within to preserve your legal rights. Good luck

Jonathan R. Ratchik agrees with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Before a lawyer can file a medical malpractice lawsuit in New York, the attorney must have the case reviewed by one or more qualified experts and certify to the court that the lawsuit has merit. This costs $$$. If an attorney reasonably believes that your case has merit, the lawyer will obtain copies of your hospital records and pay an expert to have them reviewed. Given the cost associated with having a potential malpractice case reviewed, however, lawyers have to be careful about which cases they choose to have screened. At the end of the day, the lawyer is making a business decision on whether to take a risk with your case. Some attorneys are simply more risk averse than others.

Tim Akpinar agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.