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New York Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My mom passed away 1.5 yrs ago & I know that something was missed. I have all of her records. No autopsy.

The pathology reports show an infectious disease etiology & I'm not sure the f/up was done for that. Then her kidneys started failing. Food was never mentioned and in Oct. 18 i saw results suggesting CKF. And she had kidney stones in her ureter 3 times? Then a few other things happened... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

I'm very sorry for your loss. You could email your records to attorneys you contact. Don't worry about admissibility at this point. If an attorney identifies the basis for legally actionable claim, they would use HIPAA authorizations to obtain official records anyway. Good luck

Tim Akpinar

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1 Answer | Asked in Medical Malpractice for New York on
Q: I was just sent a letter almost three months late from my doctor saying i have diabetes. Is this allowed?

Is it okay for them to have sent this important information three months late? they said they forgot but thats three months where huge lifestyles changes needed to be made and i never knew.

Tim Akpinar
Tim Akpinar answered on May 28, 2020

I'm sorry for your ordeal. This appears similar to another question on the same issue, and might involve the same matter - the earlier response addressed the challenges I felt were presented by the matter. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for New York on
Q: my doctor sent me a letter saying i have diabetes three months after my appointment cause they forgot. is this allowed?

i was sent this 3 months late with important information on my health that informed me i have diabetes. this whole time i needed to be making serious changes to my health and was not told till now. is that legal?

Tim Akpinar
Tim Akpinar answered on May 28, 2020

I'm sorry for your ordeal. From a legal standpoint, it appears to be something where it might be difficult and costly to establish the measure of damages suffered because it could involve medical evaluation together with lab services. Further, some attorneys could see it as requiring... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: Recently I was prescribed medicine from my doctor that I am allergic to and I ended up with hives.Can the doctor be sued

The doctor knew about the allergy and gave me the medicine under a different name.

Tim Akpinar
Tim Akpinar answered on May 26, 2020

Possibly. But the practical aspects of bringing such a claim could hinge on the severity and permanence of the damages. You could try to arrange a consult with a med mal attorney who could review your medical records and determine the viability of the case. Good luck

Tim Akpinar

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2 Answers | Asked in Medical Malpractice for New York on
Q: Dentist said that stitches would dissolve and they havent.

The dentist said that the stitches would dissolve within 2weeks and it's been a little over a month and the stitches are still in my mouth. I called them and they said that they will come out on their own and they havent.

George E. Patsis
George E. Patsis answered on May 18, 2020

This sounds like a medical question and not a legal question. You should seek the advice of another dentist. A Medical Malpractice case requires damages, if you have not suffered any damages you have no case to pursue.

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2 Answers | Asked in Medical Malpractice for New York on
Q: Can I sue the hospital for wrongfully sending me home while having a miscarriage ?
Tim Akpinar
Tim Akpinar answered on May 4, 2020

I'm very sorry. This is a complex matter and would require detailed review. The best starting point could be to contact a med mal attorney and arrange a consult (most practitioners in this field offer free initial consults). Good luck

Tim Akpinar

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1 Answer | Asked in Medical Malpractice for New York on
Q: How can a HMO put a lien on a settlement from a malpractice law suitor wrongful death SUIT?

The patient had Medicare plus a supplemental insurance.

Tim Akpinar
Tim Akpinar answered on Apr 25, 2020

Health insurance carriers do assert liens on settlements. However, many carriers also engage in negotiation of these liens. Some are limited in the amount of reduction by their policies (with public health carriers). If there is an attorney handling this matter, check with them. They are probably... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: My wife gave birth at a hospital in NYC during Covid and wasn’t allowed to have a support partner there. Should we sue?

This policy went against WHO guidelines for childbirth. New York state required hospitals’ Labor & Delivery units to reverse this policy a couple days after.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2020

Congratulations. You raise a valid point, but hospitals are facing severe stresses today, which is something a court could consider in the matter. It's possible a court would give a hospital considerable leeway during these difficult times. You could consult with other attorneys to see how... Read more »

2 Answers | Asked in Personal Injury, Animal / Dog Law, Medical Malpractice and Wrongful Death for New York on
Q: Is there any attorney in New York willing to take a veterinarian malpractice case?

Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it... Read more »

James Avery
James Avery answered on Apr 20, 2020

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... Read more »

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for New York on
Q: My father died a year ago supposedly from an enlarged heart but he had been to military hospital for check ups for a

Recent spine surgery he lived in Michigan this happened in Michigan is this normal the night be for he died he was complaining of a headache

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 1, 2020

This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.

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2 Answers | Asked in Medical Malpractice for New York on
Q: If a hospital makes medical mistakes ex: wrong patient surgery. Who pays for the patient harm?

Fraud Concealment of errors. The patient has no choice but to pay out of pocket to prove, tampered altered and falsified records.

Michael David Siegel
Michael David Siegel answered on Feb 13, 2020

A personal injury lawyer will investigate the case for free if there is a case. Patient should pay nothing.

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1 Answer | Asked in Medical Malpractice for New York on
Q: Should i obtain counsel again for my family 2013 misdiagnose she was sent home from the hospital in the middle of stroke

In 2013 my family member went to the hospital then sent home in the middle of a stroke which resulted in life changing injury,so we obtain a lawyer he proceeded to contact his med expert who made a full statement that there was a misdiagnose that resulted in injury. Also there have been many... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 14, 2019

Seek a consultation with a med mal attorney. That two month period can go by very quickly. It appears to be a difficult matter on which to arrange expert testimony and that could mean a new attorney, should you retain one, will need that time to arrange new expert witness. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for New York on
Q: Hello there, I'm writing in regards to a family member of mine who has a medi malpractice case that has been ongoing

Since 2013. There have been many discussions with one of the defendants coming to a settlement, two others decided for trial so the lawyer at the time proceeded to contact his doctor who made the diagnosis to prepare to testify for trial. However, the lawyer was informed by the doctor he could not... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I believe I may have answered this question - my response was that seeking consult with med mal attorney could be helpful in making well-informed decision about how to proceed in light of the two month window presented by judge in case. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for New York on
Q: Should i obtain counsel again for my family 2013 misdiagnose she was sent home from the hospital in the middle of stroke

In 2013 my family member went to the hospital then sent home in the middle of a stroke which resulted in life changing injury,so we obtain a lawyer he proceeded to contact his med expert who made a full statement that there was a misdiagnose that resulted in injury. Also there have been many... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 6, 2019

I'm sorry for your family's ordeal in this matter. You ask if you should obtain counsel again. That is up to you. If you consulted with med mal attorneys, you could be in a better position to make that decision in a well-informed manner. You say the judge has given you two months - this... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: NY I an prose learn that I can skip deposition; but concern how this action effect my case
Tim Akpinar
Tim Akpinar answered on Dec 6, 2019

It could affect it negatively in a very serious way. Remaining pro se or retaining an attorney is a decision that is up to you and no one's business. But the role of an attorney at a deposition (and at subsequent hearings/conferences) is a valuable one. You could consider contacting an... Read more »

1 Answer | Asked in Civil Rights, Medical Malpractice and Small Claims for New York on
Q: what legal actions can I take against this medical office

I've went to this medical office about once or twice.Due to the unprofessional, and unethical practices, I decided I won't be coming back. That was about a year ago. However despite constantly communicating with the front desk, They keep calling and harassing me since then for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

You cannot sue them. It is possible that if you are in a program that requires attendance at a doctors office they are calling you for that reason.

As to whether they are billing you or someone else, check your explations of benefits.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: My daughter was sick a while ago and was not diagnosed properly they failed to call me to tell me she had strep.

my daughter started getting pain in her joints and they ran some test and her blood levels were extremely high, that's when they discovered she went untreated with strep. she has gone through a lot of changes, from being in constant pain in her joint, legs, the heel of her foot, chest pains,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 20, 2019

I'm sorry for the ordeal your daughter and your family have gone through here. As a first step, you could set up a consultation with a med mal attorney in New York. Most law firms in the med mal area work on a contingency basis, and many offer free consultations. Attorneys could obtain your... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

I recall coming across case law in either a wrongful death case or medical malpractice case where the plaintiff(s) were awarded for emotional distress resultant from having to choose direct cremation of their loved one instead of burial (their preferred method of disposition).

Thank you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

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1 Answer | Asked in Medical Malpractice for New York on
Q: Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain.

Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain. However, the doctor, even though he was aware of the pain, kept saying it was only pressure and that itll wear off. I was in A LOT of pain. I had a bit of local anesthesia which was not enough to deal with the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 18, 2018

I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that... Read more »

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