I am desperately trying to find a medical malpractice attorney in NY to no avail. Everyone keeps telling me to try the New York State Bar Association. Isn't that a paid subscription site? I tried to go on it but I couldn't navigate it correctly. It doesn't help that I'm... View More 
answered on Jun 16, 2022
I'm sorry for the frustration you are experiencing in trying to find an attorney. You are correct, the NYSBA could have fees associated with consults. Their website mentions fees, and the details of those arrangements are something to be discussed with them or their attorneys. But as a general... View More
Hello,I was wondering what other platforms there are such as this one especially in NY to obtain an attorney for a medical malpractice suit. I am disabled and its quite hard to communicate.
Thank you
answered on Jun 1, 2022
One option is to search for attorney directories or referral services. In terms of communication difficulties, there are virtual meeting platforms (with chat options), as well as traditional email, if that is easier than telephone. The New York State Bar Association has resources for the public in... View More
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... View More
answered on May 31, 2022
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... View More
.Hello
I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 so it's going to be under the "continuous treatment" rule.I... View More
answered on May 27, 2022
I'm sorry for the ordeal you suffered here. It will be difficult for attorneys here to offer their services to you because we cannot solicit clients here. The operation of this forum is limited to basic questions and answers. There are sites that function as attorney referral services. The... View More
Hello
I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 so it's going to be under the "continuous treatment" rule.I was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2022
It is highly unlikely this asker will find a med-mal attorney without first obtaining a medical report from an independent physician asserting to malpractice committed by the asker's doctor. The New York standard to prove a med-mal case is the asker's physician deviated or departed from... View More
answered on May 9, 2022
It would be difficult for an attorney here to say "yes" or "no" to a case based on the brief format of this question & answer board. You could reach out to med mal attorneys to discuss. If a law firm felt confident you had a meaningful basis for a case, they would retrieve... View More
I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... View More
answered on Apr 4, 2022
I'm sorry for your ordeal. Unfortunately, it would be difficult to get an attorney referral on this site - the format here is more question & answer. There are legal sites set up as attorney referral services. The closest thing on this site might be the tab above, Find-a-Lawyer. You could... View More
This is in regards to medical malpractice. I had bicep tendon reattachment surgery on my left arm and I can’t twist my wrist. It’s been 10 weeks post surgery. I know people who have had the same surgery and they were able to twist their wrist weeks earlier. There is also numbness in my arm.... View More
answered on Mar 29, 2022
Could the surgeon have made a mistake? Yes. Could the numbness in your arm be attributable to factors other than the mistake of a surgeon? "Yes" to that question as well. An attorney is not qualified to make such a determination. You could reach out to med mal law firms to discuss... View More
Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2022
In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... View More
When is a legal relationship authorized between the injured party and lawyer?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2022
In general, the legal relationship is established once a client signs a retainer agreement. The retainer agreement formalizes the agreement that the lawyer will be representing the client, along with the terms of the representation. The terms of the representation typically include the... View More
A new dentist has taken X-rays, pictures, molds. My old retainers show that my teeth were made to be extremely long and my bottom teeth are completely covered when I bite. I have headaches, jaw pain, teeth clenching, pain from the dentist grinding down my teeth to try to fix the bite but leaving... View More
answered on Feb 4, 2022
It's possible that it could - but it would be difficult to say with certainty. Such a setting could be analyzed from different perspectives, one being that destruction or correction of the subject matter could prejudice the ability to examine the condition which is the contention of a claim.... View More
I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2022
You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... View More
The department of corrections have it in my medical summary acknowledging my epilepsy. But put me on a top bunk and I fell after catching an epilepsy attack. Suffering severe injuries and on medication
answered on Dec 7, 2021
I'm sorry your question remains open for three weeks, and for the injuries you suffered. I wish you the best in your recovery. It could be difficult to obtain the most recent case law holdings on given legal issues on these types of public forums - law firms could feel uncertainty as to... View More
I have asked questions to the dental surgeon about the operation and insurance coverage. At a certain point the surgeon said that they will not remove the tooth because they dont "feel well". I asked for an explanation, but the surgeon went away and refused to answer more questions. I... View More
answered on Nov 19, 2021
As a general rule, physicians may choose who they will treat. But there are additional elements, such as whether the situation is an emergency, or there is a contractual relationship. Additionally, a medical professional may not decline treatment based on reasons that amount to discrimination.... View More
A Datscan to be exact that states I do not have Parkinsons. Is this a malpractice case
answered on Oct 13, 2021
This is something that would likely require a medical opinion and additional information regarding the original examination(s) and diagnostic tests made eight years ago. It could be difficult for an attorney to offer you a "yes" or "no" answer based on the brief information... View More
Because my case is complicated but the injuries are still there.
answered on Sep 23, 2021
Medical malpractice attorneys in New York and other jurisdictions generally work on a contingency basis. You could reach out to med mal attorneys to discuss further. Most attorneys in this field offer free initial consults. If a law firm felt that your case had merit, they could request your... View More
Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... View More
answered on Jun 4, 2021
An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... View More
Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... View More
answered on May 27, 2021
Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... View More
New York Southern District Supreme Court in a medical malpractice case, civil action
answered on May 3, 2021
Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.
answered on Jan 27, 2021
As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.
Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine... View More
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.
