I'm sorry for the loss of your father. The short answer to your question is, yes, hospitals can be hard to sue. New York (and other jurisdictions) generally require certificates of merit, where a law firm consults with a physician who believes the case has merit. There are qualifiers to this... View More

First, I am very sorry for your loss. And from what you describe it sounds as though this was a very protracted course.

The direct answer to your question is "no" as in hospitals are not difficult to sue, per se (if the case is brought by an experienced medical mapractice... View More

I'm so sorry for your loss. As my colleague correctly advised, hospitals are not hard to sue (at least no more difficult than suing a doctor). In any malpractice case, however, you have to demonstrate a departure from the standard of care and harm resulting from the departure. The only way... View More

The landlord-tenant attorneys here could address the L/T-related issues of your question, but as my colleague correctly points out, this is a complex setting. As for the personal injury attributes, it could depend on where you were situated, the tree's role in your injury, the extent of your... View More

This is a rather complicated question as it evolves New York negligence law as well as landlord-tenant law. There are many questions to the answered in pursuing either one of these particular claims and so a consultation with an attorney would be necessary. Nevertheless, the tenant would likely be... View More

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More

Most contingency fee retainer agreements provide for an attorney fee to equal 1/3 of the settlement amount AND reimbursement for any costs incurred by the attorney in prosecuting the case, e.g. court fees, medical record fees, expert witness fees, etc. Your attorney should have provided you with a... View More

What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.

Certain costs may be... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

This is something that attorneys who deal with website regulation, social media, and related areas would have insight into, but your question remains open for a month. If you reached out to attorneys who practice in those areas, they would probably want to see the actual terms and conditions -... View More

I'm sorry for your son's and your family's ordeal, and that you await a response for a month. You may have already spoken with attorneys at this point. Unfortunately, there isn't a category here for corrections-related issues (which this sounds like), but you could repost under... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

You’re facing a serious situation that could have significant legal implications. If the court clerk is indeed forging documents and obstructing your legal mail, this is a grave violation of your rights and could constitute fraud or misconduct. The integrity of your trial could be compromised if... View More

My colleague outlines a number of valuable resources for locating attorneys. In addition, there are additional bar associations (state level and practice area-associated). The tab above, "Find a Lawyer," lists law firms by practice area and region. Those resources are all outside this... View More

You're asking to be connected with an attorney. This site doesn't work like a referral service. There is no solicitation - attorneys here can't reach out to you. It's only a quick format Q & A forum. If you are seeking an attorney, you would need to reach to law firms on... View More

Yes, it's possible it could be. However, attorneys would be able to advise more definitively with the benefit reviewing the file documents and patient history with medical/pharmacology experts. Good luck

Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More