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New York Health Care Law Questions & Answers
1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

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

2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 21, 2024

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

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2024

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

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1 Answer | Asked in Health Care Law for New York on
Q: I am a home health aide I have been working after I clock out from my shift from an agency if caught what can happen

It's a form of misconduct and I am pretty sure someone walked past the house and took my picture with their phone that I didn't know

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2024

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

Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

James L. Arrasmith
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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...
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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

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

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1 Answer | Asked in Health Care Law and Landlord - Tenant for New York on
Q: Can a landlord work with the broker to chase me from the property ? bc of a disability?

I'm displaced and spent over 8000.00 in hotels, still get harassed, they want me out by tomorrow.....

James L. Arrasmith
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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...
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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: I need to appeal to a decided case. The doctor is negligent bcs he didnt provide reasonable advice to ptf’s wound.

I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 1, 2024

Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Can your doctor refuse to see you?

I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 1, 2024

Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More

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1 Answer | Asked in Health Care Law for New York on
Q: i need a lawyer who can help me file a lawsuit against a department of social service at nursong facilty, because

the department of social service at facilty refuses to reconize me as my mother health c are proxy. when by law i am. my mother chose me as her new health care agent in nov 19th 2022. all the forms was made out correctly and then notarized according to new york state law. we give the documents to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2024

Attorneys here can't respond to your request for legal representation. There is no solicitation here - the format is limited to Q & A. You would need to reach out to attorneys on your own if you're looking to hire one. In addition to your own searches, there is the tab above,... View More

2 Answers | Asked in Health Care Law for New York on
Q: Do I have to give my social security number for personal medical records consent forms
Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

This looks similar to a question I just answered about HIPAA authorization forms. SSN is an entry box on the forms that are requested from me. I have never omitted SSNs on these forms on my own cases. The opposing attorneys I work with want the forms filled out in their entirety. You could check... View More

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2 Answers | Asked in Health Care Law for New York on
Q: Do I have to give my social security number for personal medical records consent forms
Tim Akpinar
Tim Akpinar
answered on May 2, 2024

Addendum - keep in mind that even if a claim representative or opposing attorney is willing to accept a redaction or a limited string of digits of a SSN, it's possible the medical provider (or their medical record retrieval vendor) might not make the same accommodation. That's something... View More

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1 Answer | Asked in Health Care Law for New York on
Q: Do I have to provide my personal social security number on a medical records consent form upon my request at my doctors
Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

On the HIPAA authorizations that opposing attorneys often request from me, there is a box for social security number. It has never been an issue, but if you do not wish to provide, speak with your attorney or the opposing attorney/claim handling entity if there is an alternative for you [redaction,... View More

1 Answer | Asked in Health Care Law for New York on
Q: Hiding medical records? Or are they still in your portal?

Hello

How long do hospitals hold on to your records for? Are all the records and paperwork in your patient portal? All of them? Even mistakes they may of made?

Thank you

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2024

It could depend on the facility, types of records, age of patient, HIPAA or state guidelines - but many entities go by six years in New York. Here's a link address for Section 405.10 of the N.Y. Codes, Rules, and Regulations for medical records -... View More

1 Answer | Asked in Consumer Law and Health Care Law for New York on
Q: if no staff calls me back (b/c they are understaffed) to resched my biopsy can i sue?

after being referred for a thyroid ultrasound i am now told i need a biopsy, which i had scheduled. but i caught the flu, so i need to reschedule my biopsy. the problem is, i've called the department about 6-8 times at this point over the course of 3 days, no one picked up so i left bout 4... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2024

I'm sorry for your ordeal in trying to schedule and re-schedule a biopsy. It doesn't look like a matter for a lawsuit. It looks more like what you describe - a busy office. This is my individual take on the matter - you could consult with law firms out there. Sometimes, different... View More

2 Answers | Asked in Gov & Administrative Law and Health Care Law for New York on
Q: a licensed laser technician can do cranial therapy just being certified or a additional massage therapy license required

I wanna practice cranial therapy, I know that to do body work a license is required, and Massage therapy schooling is costly and long, I am wondering if any other kind of license to do body work will allow me to legally practice cranial therapy?

James L. Arrasmith
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answered on Feb 23, 2024

In many jurisdictions, practicing cranial therapy typically requires specific licensure or certification beyond just being a licensed laser technician. While requirements may vary depending on where you are located, cranial therapy often falls under the umbrella of bodywork or massage therapy,... View More

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1 Answer | Asked in Health Care Law and Identity Theft for New York on
Q: What type of lawyer do I need in a breach of Hippo law against a primary doctor
Tim Akpinar
Tim Akpinar
answered on Feb 10, 2024

An attorney who works with health care matters should be able to handle HIPAA claims - you chose the correct category. You also chose Identity Theft as a category. If this resulted in identity theft related to information from your medical records, check your financial statements from banks and... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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