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New York Medical Malpractice Questions & Answers
3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Potential dental negligence at Brooklyn Hospital affecting health.

I'm concerned about a potential negligence issue with a dental procedure at The Brooklyn Hospital dental clinic. Since July 3, 2024, I've been waiting for a medically necessary restoration procedure, but only X-rays have been performed. This delay is affecting my speech, eating, and... View More

Stephen Bilkis
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answered on Jul 17, 2025

I'm sorry to hear that you’ve been experiencing health problems while waiting for necessary dental treatment. It can be especially upsetting when delays affect your ability to eat, speak, and feel well. In New York, claims of dental negligence fall under the broader category of medical... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I needed emergency surgery after a misdiagnosis of anal swelling by a surgeon in June 2024, leading to multiple surgeries.

In June 2024, I visited a surgeon due to a swollen anus, expressing concerns because I had anal fistula surgery 17 years ago. The surgeon examined me with a sigmoidoscope and said nothing was wrong. A month later, I required emergency surgery for a deep abscess and transsphincteric anal fistula,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 1, 2025

So sorry to hear what happened to you. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. As it applies to your case, you'd need to prove that the first surgeon misdiagnosed you and/or failed to properly treat your... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I needed emergency surgery after a misdiagnosis of anal swelling by a surgeon in June 2024, leading to multiple surgeries.

In June 2024, I visited a surgeon due to a swollen anus, expressing concerns because I had anal fistula surgery 17 years ago. The surgeon examined me with a sigmoidoscope and said nothing was wrong. A month later, I required emergency surgery for a deep abscess and transsphincteric anal fistula,... View More

Stephen Bilkis
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answered on Jul 1, 2025

I'm sorry you experienced such a painful and stressful medical situation. When a condition is misdiagnosed or improperly treated, and it leads to additional surgeries or complications, you may have grounds to pursue a medical malpractice claim under New York law.

In New York, to...
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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Exploring legal options for potential medical malpractice aftermath from epidural.

I gave birth on June 2, 2024, and during the epidural procedure, my fiancé was allowed to hold my arms, but he collapsed during the insertion of the needle, causing immediate pain. The anesthesiologist blamed the difficulty on my back being curved, which later scans proved was not the case. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 27, 2025

Sorry to hear what your going through. In any medical malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. The only way to determine whether you have a viable case would be to obtain copies of your medical records and speak with an... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Exploring legal options for potential medical malpractice aftermath from epidural.

I gave birth on June 2, 2024, and during the epidural procedure, my fiancé was allowed to hold my arms, but he collapsed during the insertion of the needle, causing immediate pain. The anesthesiologist blamed the difficulty on my back being curved, which later scans proved was not the case. My... View More

Stephen Bilkis
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answered on Jun 30, 2025

I'm sorry to hear about the pain and complications you have experienced since your epidural. It is understandable to want answers and to explore your legal options when medical care may have led to serious and ongoing health problems.

In New York, a medical malpractice claim may be...
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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Exploring legal options for potential medical malpractice aftermath from epidural.

I gave birth on June 2, 2024, and during the epidural procedure, my fiancé was allowed to hold my arms, but he collapsed during the insertion of the needle, causing immediate pain. The anesthesiologist blamed the difficulty on my back being curved, which later scans proved was not the case. My... View More

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2025

I'm sorry for your delivery-related ordeal. In analyzing the details of your post, the role of the collapsing of your fiancé during insertion of the needle isn't fully clear in terms of its relevance. At any rate, in such a complex setting, the opinion that ultimately counts is that of... View More

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6 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Bowel incontinence post-colon resection surgery, NY, seeking legal advice.

Since my colon resection surgery in February 2024 at Northern Westchester Hospital in Mount Kisco, NY, I have been experiencing bowel incontinence, diarrhea, and severe coughing. My doctor recently ordered a barium X-ray, which revealed that the surgeon performed a side-to-side anastomosis and left... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 27, 2025

Sorry to hear what happened to you. To have a viable claim for medical malpractice you need to demonstrate 1) a departure from the standard of care; and 2) harm caused by such departure. From what I can tell, blind loop syndrome appears to be a recognized complication of colon resection surgery and... View More

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6 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Bowel incontinence post-colon resection surgery, NY, seeking legal advice.

Since my colon resection surgery in February 2024 at Northern Westchester Hospital in Mount Kisco, NY, I have been experiencing bowel incontinence, diarrhea, and severe coughing. My doctor recently ordered a barium X-ray, which revealed that the surgeon performed a side-to-side anastomosis and left... View More

Stephen Bilkis
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answered on Jun 30, 2025

I'm sorry to hear about the complications you have been facing after your surgery. Dealing with ongoing medical issues after what should have been a healing procedure can be incredibly frustrating and upsetting, especially when the outcome affects your daily life.

In New York, you may...
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3 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Mistaken identity in child's medical records: Possible HIPAA violation?

I recently downloaded medical records for my child and noticed an unrelated person's name on the records. I called the medical office to inquire how this name was added, but the receptionist could only offer to remove it, without explaining how or when the error occurred. I've stressed... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 12, 2025

If the records you received related to another child / patient, then it might very well constitute a HIPAA violation. That said, HIPAA does not create a private cause of action for the aggrieved party (or for the individual who inadvertently received their medical records). Apart from perhaps... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue the hospital for malpractice due to premature birth treatments causing nose indent?

I was born premature and spent two months on breathing tubes in a hospital incubator. I'm now 23 years old and have a permanent indent on my nose, which affects my self-esteem. I believe this may be due to the tubes not being changed as often as necessary. Can I sue the hospital for malpractice?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 30, 2025

Sorry to hear what happened to you. Although New York Civil Practice Law & Rules § 208 tolls the statute of limitations for an infant until the infant reaches the age of 18, medical malpractice actions cannot be tolled for more than ten (10) years after the cause of action accrues. If your... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue the hospital for malpractice due to premature birth treatments causing nose indent?

I was born premature and spent two months on breathing tubes in a hospital incubator. I'm now 23 years old and have a permanent indent on my nose, which affects my self-esteem. I believe this may be due to the tubes not being changed as often as necessary. Can I sue the hospital for malpractice?

Tim Akpinar
Tim Akpinar
answered on May 30, 2025

I'm sorry for the hardship the premature birth has caused. The statute of limitations issues aside, it sounds like a daunting theory that some law firms could be reluctant to want to move forward with, due to the difficulty of accurately establishing what took place 23 years ago. Good luck

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: is it legal to enter patient exam room

is it legal for a nurse, secretary or other person to enter an examination room without asking permission from dr or paitent being checked out? does it make a difference if the paitent is covered or not, or which gender he/she is?

Stephen Bilkis
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answered on May 14, 2025

In New York, the issue of who may enter a patient examination room during a medical visit involves both legal and ethical considerations related to patient privacy and confidentiality. Patients have a reasonable expectation of privacy while receiving medical care, and healthcare providers are... View More

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4 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for New York on
Q: Doctors refuse to test for PCOS/endometriosis. Can I take legal action to compel testing?

I have been suffering from symptoms potentially related to PCOS or endometriosis, but several doctors have refused to test me for these conditions despite my repeated explanations and the hospital visit records I've provided. I have consulted three other doctors with similar results. I am... View More

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

Sorry to hear what you're going through. Generally speaking, a judge is not going to require a medical provider to treat you a certain way or order what you believe to be necessary tests. This is not the type of relief the judicial system can provide. If you are unhappy with the quality of... View More

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4 Answers | Asked in Medical Malpractice, Civil Rights and Personal Injury for New York on
Q: Doctors refuse to test for PCOS/endometriosis. Can I take legal action to compel testing?

I have been suffering from symptoms potentially related to PCOS or endometriosis, but several doctors have refused to test me for these conditions despite my repeated explanations and the hospital visit records I've provided. I have consulted three other doctors with similar results. I am... View More

Stephen Bilkis
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answered on May 14, 2025

I'm sorry to hear about your experience. Being denied testing for conditions that you believe may be affecting your health can be frustrating and distressing. In New York, however, there is generally no legal mechanism to force a doctor or medical office to perform specific medical tests or... View More

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5 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

I'm sorry for your ordeal. It's possible you do, but most attorneys would first want to thoroughly review the file and obtain a medical opinion from health care professionals with expertise in diabetic ketoacidosis. A first step toward answering the question could be to reach out to law... View More

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5 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

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

Sorry to hear what happened to you. In any malpractice action, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Given the time and expense of malpractice actions, they usually only make sense if there's been a serious, permanent injury. A... View More

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5 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

Addendum - One additional consideration, depending on whether the parties/entities/facilities are public or private. If public, that would mean it is better to move sooner than later in seeking a consult, due to notice of claim elements that impose stricter time deadlines (90 days generally, as... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be sued for malpractice due to rushed procedure from scheduling error?

I would like to know if I can sue a medical group for malpractice due to a procedure being rushed because of a scheduling error. The improper scheduling caused anxiety and resulted in less pliable muscles during the procedure, increasing the risk of a negative outcome, which did occur. The medical... View More

Stephen Bilkis
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answered on May 14, 2025

I am sorry to hear about your experience. Medical malpractice claims in New York generally require proving that a healthcare provider deviated from accepted medical standards and that this deviation caused harm. In your situation, the key issues involve whether the rushed procedure directly... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be sued for malpractice due to rushed procedure from scheduling error?

I would like to know if I can sue a medical group for malpractice due to a procedure being rushed because of a scheduling error. The improper scheduling caused anxiety and resulted in less pliable muscles during the procedure, increasing the risk of a negative outcome, which did occur. The medical... View More

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

Sorry to hear what happened to you. In any malpractice action, you need to demonstrate 1) a departure from the standard of care; and 2) harm resulting from the departure. Moreover, where a physician has exercised professional judgment by selecting one of several acceptable courses of treatment... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Seeking advice on pursuing compensation for misdiagnosis of schizophrenia by doctors in Binghamton, NY, and the resulting impacts on my son's life.

My son's primary care physician in Binghamton, NY, initially diagnosed him with OCD. The second doctor, a psychiatrist, changed the diagnosis to schizophrenia, but we believe his symptoms align more closely with OCD. Despite our concerns, subsequent psychiatrists maintained the schizophrenia... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2025

Sorry to hear what your son has gone through. In any malpractice action, you need to demonstrate that there has been 1) a departure from the accepted standard of care; and 2) harm caused by the departure. Where a physician has exercised professional judgment by selecting one of several acceptable... View More

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