As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.
Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine... Read more »
I saw an ENt surgeon in October 2020 for septoplasty for breathing. I had a small bump on my left side fromRhinoplasty in 2013. The ent doctor said he can rasp it or file it down to smooth. He did both sides of my nose and my nose now looks worse. I never agreed to the right side. But even my left... Read more »
This could be a difficult case. The legal standard for a medical malpractice case is that there was a breach of a duty of care on the part of a medical provider and that as a result of that breach, you sustained injury/illness/disability or other form of damages. Here, the damages relate to a... Read more »
All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.
I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... Read more »
Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... Read more »
Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run... Read more »
6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.
I'm sorry for your mom's ordeal. This is something that calls for a medical opinion. If a physician was asked to make such a determination, it's likely that they would want to know more about the medical history. You could reach out to med mal attorneys. If a law firm felt there was... Read more »
This is not the first my mom is sent to hospital at a delayed time and was seriously ill now she critically ill
I'm very sorry for your mother's and family's ordeal. It's possible you could, but the most reliable way to make that determination would be to reach out to discuss the matter with med mal attorneys. An attorney could review the file with a medical professional. Good luck
Tim Akpinar
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 »
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
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.
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
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?
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 »
The doctor knew about the allergy and gave me the medicine under a different name.
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
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.
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.
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
The patient had Medicare plus a supplemental insurance.
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 »
This policy went against WHO guidelines for childbirth. New York state required hospitals’ Labor & Delivery units to reverse this policy a couple days after.
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 »
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 »
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 »
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
This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.
Fraud Concealment of errors. The patient has no choice but to pay out of pocket to prove, tampered altered and falsified records.
A personal injury lawyer will investigate the case for free if there is a case. Patient should pay nothing.
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 »
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
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 »
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
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 »
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 »
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