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New York Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What do I have to do?

What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2024

In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced,... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What do I have to do?

What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?

Stephen Bilkis
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answered on Dec 2, 2024

I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.

Under the...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Stephen Bilkis
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answered on Dec 2, 2024

I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 11, 2024

Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/

That said, you cannot dictate to any medical provider how you should be treated -...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the difficulties you're experiencing in accessing the medical care you need. Dealing with a serious health condition like a symptomatic pseudomeningocele can be incredibly stressful. I hope the following information helps clarify your options.

Disclaimer:...
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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2024

I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 21, 2024

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be held liable for multiple providers lack of training/ inability to properly diagnose a patient?

If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More

Alexander Karasik
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answered on Sep 28, 2024

Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: If a doctor did not point out possibility a procedure might not work, and patient undergoes and it fails, is doc liable?

Initial consultation involved explanation of procedure, alternatives to the procedure, what to expect - during and after, but NOT any mention that it might not work. I had it - 2 1/2 hours awake on the table, and it did nothing to help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2024

In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 9, 2024

Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More

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3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

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2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Damien Matthew Bosco
Damien Matthew Bosco
answered on Jun 17, 2024

It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More

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2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 24, 2024

Sorry to hear what happened to you. If your dentist is a member, you could file a complaint with the New York State Dental Association, https://www.nysdental.org/for-the-public/patient-complaint-form Otherwise and without minimizing what you've gone through, the loss of crowns (which can... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

Such a case is possible.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect...
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1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Medical Malpractice for New York on
Q: What are the rights of patients regarding pain management?

MALE

58 YEARS OLD

Disabled 7yrs

FIDELIS/MEDICAID

SSI/SSD 7yrs

After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:

1. he will request daily visits, as opposed to bi-weekly.

2.... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: I need to appeal to a decided case. The doctor is negligent bcs he didnt provide reasonable advice to ptf’s wound.

I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 1, 2024

Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More

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