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I was taken out of work by my neurologist on March 19th due to illness, and a request was submitted for disability paperwork. My doctors provided the information, which my employer insisted on submitting on my behalf. They submitted it on March 28th, after calling me and terminating my employment,... View More 
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answered on Apr 18, 2025
It depends on more detailed facts. You state "in your state" which implies that you may have performed work in a state outside New York. We are licensed in New York and each state has unique labor laws which are at least to federal standards and most go beyond federal law coverage. There... View More
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
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
I moved out of my rental property in New York State on January 31, 2025. My landlord has informed me that I will not be receiving my security deposit back, claiming that the unit wasn't left in the same condition as when I first rented it. They provided a written explanation and itemized list... View More
answered on Apr 14, 2025
Under New York General Obligations Law § 7-108, a landlord must return the tenant's security deposit, less any lawful deductions, within 14 days after the tenant has vacated the premises (moved out).
Itemized Statement: If the landlord deducts any amount from the security deposit,... View More
I'm seeking advice on how to pursue a claim for compensation after being incarcerated for nearly three years. My conviction was reversed on appeal on December 17th, 2023, with the conviction dated August 6th, 2021. I have not received any compensation or guidance from the appeal court, and... View More
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answered on Apr 14, 2025
A good starting point would be to see if you reside on one of the 35 States that have a wrongful conviction compensation statute. This link is to a table showing the features of those statutes:... View More
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
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
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.
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
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
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
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
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
I am involved in court proceedings with my child's other parent in New York. The other parent has temporary visitation and is supposed to contact my child through a specific parental app at a set time, as directed by the court order. However, they frequently call at different times and use... View More
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answered on Apr 11, 2025
You should file a combined contempt and enforcement petition coupled with a change of custody It is not in the best interests of the child to sleep with her father. I’d contact the attorney for the child because if there is one a pitiful. For change coming from the attorney for the child... View More
I've been informed that my sister and I allegedly cosigned for an agreement stating my father would give a cow to a lady. Neither my sister nor I recall this agreement, and it supposedly happened when I was between 12 and 16 years old. The lady claims my father should sell the cow and give her... View More
answered on Apr 10, 2025
The experienced contract law and business law attorneys here would know these types of settings best, but your question remains open for almost a week, and you probably don't want this to escalate into a headache. You could reach out to one of them to ask about your best immediate actions. A... View More
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
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
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
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
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
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
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
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
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
1. Using Referenced Images for Commentary or Analysis
Including the original reference images alongside your ex-partner’s artwork for the purpose of commentary, critique, or scholarship can potentially fall under Fair Use, especially if:
The inclusion transforms the original... View More
I discovered after the death of my ex-romantic and art partner that much of his artwork was based on my photography and social media posts. I want to publish his art alongside the references he used, but I am concerned about the legality of including certain images.
Some of the photographs... View More
answered on Apr 7, 2025
That's a great question, and I think that you should be on pretty safe ground because your use is transformative: it is designed to shine a light into your partner's creative process, which is quite different from the original purposes for which the reference images were created. I would... View More
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?
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
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?
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
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
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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),... View More
I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More
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answered on Apr 5, 2025
I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More
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