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New York Medical Malpractice Questions & Answers
Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 27, 2021

Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for New York on
Q: Hi I need help with getting the subpoena for a non party to testify in a virtual deposition? Form name/ number?

New York Southern District Supreme Court in a medical malpractice case, civil action

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: i need a lawyer to subpoena phone records so i can start a lawsuit with a hospital for malpractice and other lawsuits
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 27, 2021

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...
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1 Answer | Asked in Medical Malpractice for New York on
Q: I had a small bump on my nose on the left side The doctor filed the bone on both the right and left. my nose is worse

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 »

Tim Akpinar
Tim Akpinar answered on Jan 9, 2021

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 »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: What can I do being that my dad has been in the hospital for 2 days and I’ve been calling with no answers

All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.

Tim Akpinar
Tim Akpinar answered on Dec 7, 2020

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 »

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

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 »

Michael Bersani
Michael Bersani answered on Oct 20, 2020

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 »

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1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: My mom suffered a stroke in 2014 from a hospital that misdiagnosed her pre stroke the day before.

6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

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 »

1 Answer | Asked in Medical Malpractice for New York on
Q: Can I sue the rehab my mom was admitted at they delayed getting her to hopistal and she critically ill with sepsis

This is not the first my mom is sent to hospital at a delayed time and was seriously ill now she critically ill

Tim Akpinar
Tim Akpinar answered on Aug 16, 2020

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

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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