In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More

I'm sorry your question remains open for a month. One option at this point could be to reach out to health care attorneys who work more closely with billing issues - it might be a more narrow area of practice. It would probably be advisable to review any constraints imposed by applicable fee... View More

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2025

I'm sorry to hear about the difficulties you are facing with your medical records and your health. Accessing medical records is an important step in addressing concerns related to a surgery, particularly if you believe medical negligence occurred.

Under New York Public Health Law §... View More

Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More

Yes, it's possible you could sue, or at least accomplish a cease and desist to the conduct. First try to learn what the situation is, whether it is on the part of the medical office or someone harassing you. In the meantime, until you are able to determine the source, monitor your monthly... View More

In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced,... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.

Under the... View More

I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024

I'm sorry to hear about the difficulties you're experiencing in accessing the medical care you need. Dealing with a serious health condition like a symptomatic pseudomeningocele can be incredibly stressful. I hope the following information helps clarify your options.

Disclaimer:... View More

Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated -... View More

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More

It could depend on the policies of the agency and how aggressively they might handle such a situation. The employment law attorneys here would know this best (it's posted under "Health Care Law"), but you're awaiting a response for a week. Until you consult with an employment... View More

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:

1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 22, 2024

This situation sounds very concerning and potentially illegal. Landlords and brokers are not allowed to discriminate against tenants based on disability. This is protected under fair housing laws in many countries, including the United States.

Some key points:

1. Discrimination... View More