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New York Personal Injury Questions & Answers
1 Answer | Asked in Workers' Compensation and Personal Injury for New York on
Q: Can unauthorized chiropractor records prove work injury pain?

I reported my work injury and filed a worker's compensation claim in New York. My employer provided a list of authorized medical providers, but the treatments did not relieve my ongoing symptoms. I visited a chiropractor using my own funds without authorization. Can I use chiropractic... View More

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2025

Workers' comp generally covers chiropractic care. However, similar to no-fault diagnostic and treatment codes, treatment modalities are addressed in the workers' comp fee schedule. It sounds like you should consider setting up a free consult with a workers' comp attorney to discuss... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Consumer Law for New York on
Q: Received wrong medication and suffered side effects in New York, what are my legal options?

I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More

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

Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More

3 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for New York on
Q: Potential continuous treatment case after 2019 emergency surgery in NY, seeking medical malpractice legal help.

It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More

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

Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I pursue a continuous treatment case for inadequate follow-up after surgery?

You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019. It’s advisable to consult with an attorney who handles medical malpractice or patient rights cases.

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

Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More

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3 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for New York on
Q: Can I sue my school for pneumonia potentially contracted from campus food with cited health violations?

I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More

Tim Akpinar
Tim Akpinar
answered on Apr 12, 2025

I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More

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3 Answers | Asked in Civil Litigation, Medical Malpractice and Personal Injury for New York on
Q: Can I sue my school for pneumonia potentially contracted from campus food with cited health violations?

I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More

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

Sorry to hear what happened to you. Putting aside the question of whether you could causally connect your illness with the school's food (pneumonia is a lung infection that is generally spread through the air), absent a permanent injury, the time and expense of a lawsuit would arguably not be... View More

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3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 10, 2025

So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More

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3 Answers | Asked in Civil Litigation, Wrongful Death, Products Liability and Personal Injury for New York on
Q: Can we join a hidden lawsuit by sibling over mother's talc-related cancer?

I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2025

I'm very sorry for the loss of your mother. The lawsuit wasn't really "secret" - it seems it might have been done without letting you know. Lawsuits are often part of public records, unless a court has ordered non-publication, or they're sealed. Otherwise, they can usually... View More

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2 Answers | Asked in Education Law, Personal Injury and Civil Rights for New York on
Q: What steps should I take if my child reports being scratched by a teacher?

My child came home with scratches on his arm and said his teacher caused them. The school questioned a student and two teachers; no one saw it happen, and the teacher denied doing it. The administration acknowledged my email about the incident and interviewed the teachers involved. We have photos... View More

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

So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: What are my options after a missed diagnosis of osteoporosis led to severe health issues?

In January 2025, I learned that a doctor missed diagnosing my severe osteoporosis 5 years ago. This has led to significant health issues, including back pain, loss of height, severe dental disease, and an inability to work. I am now receiving treatment for these issues from another doctor, but have... View More

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

Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More

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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?

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

It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More

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4 Answers | Asked in Appeals / Appellate Law, Personal Injury and Legal Malpractice for New York on
Q: Is it legal for attorney to base fee on original judgment after a reduction in NY?

I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2025

It would depend on the terms of your retainer. But the normal practice in the industry is to base the fee on the ACTUAL FINAL amount recovered. Awards can routinely be reduced by a court, or through an appellate decision. It's ultimately that REDUCED amount on which attorney fees are typically... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: unauthorized lab performed under my personal and medical information by former primary care provider in Brooklyn, NY.

I am reaching out to request legal guidance regarding a troubling situation involving the unauthorized use of my personal and medical information by a former primary care provider based in Brooklyn, New York.

On Monday, I was contacted by Quest Diagnostics, who informed me that a lab test... View More

Stephen Bilkis
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answered on Apr 5, 2025

I'm sorry you're experiencing this. What you've described raises significant concerns involving unauthorized use of personal and medical information, which may violate both federal and New York State law.

Under the Health Insurance Portability and Accountability Act (HIPAA),...
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4 Answers | Asked in Landlord - Tenant, Personal Injury, Consumer Law and Real Estate Law for New York on
Q: Landlord didn't disclose lead paint, child affected, options?

I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?

Stephen Bilkis
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answered on Mar 31, 2025

I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence... View More

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4 Answers | Asked in Landlord - Tenant, Personal Injury, Consumer Law and Real Estate Law for New York on
Q: Landlord didn't disclose lead paint, child affected, options?

I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 31, 2025

Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More

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3 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: Is letting go in a hand wrestling game legally considered hitting someone in NY?

I asked someone to play a hand wrestling game with me in a public area, where I told them to hold their fist out so I could drag it to my side. During the game, I let go of their fist which resulted in them accidentally hitting their face, causing a black eye. They had consented to the game, but... View More

Stephen Bilkis
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answered on Mar 31, 2025

In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Do I have a case under continuous treatment if my surgeon doesn't assist further?

I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2025

I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Do I have a case under continuous treatment if my surgeon doesn't assist further?

I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 25, 2025

Under the doctrine of continuous treatment, the statute of limitations is tolled until the last date of treatment where there has been continuous treatment for the condition giving rise to the malpractice action. There has to be some objective continuity between the patient's complaints and... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Prolonged tourniquet use caused permanent damage; legal advice?

Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2025

Addendum - Just an added point about timetables and deadlines here. If this involved public medical facilities or healthcare providers with any form of government affiliation, that could add the additional element of notices of claims. As opposed to private hospitals or facilities, such notices of... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Prolonged tourniquet use caused permanent damage; legal advice?

Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 17, 2025

Sorry to hear what happened to you. As my colleague correctly advised, obtain copies of your medical records, take photographs of your scar, and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Without... View More

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