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New York Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: A malpractice claim was filed for allegedly negligence and malpractice against a provider.

The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2024

In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

My colleagues offer sound advice in terms of consulting with an attorney. Most med mal firms work on a contingency basis and offer free initial consults. In addition to your own searches, there is the "Find a Lawyer" tab mentioned by Mr. Ratchik, as well as attorney referral sections... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: HelloAsking attorneys in the medical malpractice field.

A csf leak and h.o.d. have the same symptoms. I have h.o.d. but it's pretty much on over drive all the time. The hospitals refuse to give me the proper tests for a csf leak, they blame all the symptoms on the h.o.d. Would it change their minds if I asked for their refusal to be on paper?

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

A medical professional would have more insight into distinguishing between the symptoms you describe. You can always make your request in writing. And you could receive a response (no one here could predict the response) maybe to the effect that the tests recommended were supported by the symptoms... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: HelloAsking attorneys in the medical malpractice field.

A csf leak and h.o.d. have the same symptoms. I have h.o.d. but it's pretty much on over drive all the time. The hospitals refuse to give me the proper tests for a csf leak, they blame all the symptoms on the h.o.d. Would it change their minds if I asked for their refusal to be on paper?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

Generally speaking, a patient does not get to dictate the course of treatment provided by a hospital or medical provider. If you are dissatisfied with the treatment you are receiving from the hospital, best to seek a second opinion from a different doctor who might order different tests. Chances... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

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

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Dec 19, 2023

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...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My father died last year from what I believe were multiple medical mistakes .Are hospitals hard to sue

My father died May 2 2022.l

believe is was direct negligence

caused by the hospital that cared for

him. Multiple medical mistakes

double medicating, defibrillater at

wrong settings, incorrect medication

given causing multiple firings of... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2023

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

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
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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

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2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

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

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4 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 7, 2023

Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury... View More

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4 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

From the phrasing of your question, I wonder if you had the filler injected by an aesthetician, cosmetologist, or perhaps even an unlicensed individual, rather than by a plastic surgeon. And I wonder if it was actually Juvederm filler.

There are unfortunately many individuals, who are not...
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3 Answers | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.

Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.

James L. Arrasmith
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answered on Nov 5, 2023

Yes, what you're describing could potentially represent a conflict of interest. In legal practice, an attorney generally must avoid representation in a case where their interests are materially adverse to those of a client, or where their professional judgment may be unduly influenced by their... View More

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3 Answers | Asked in Legal Malpractice and Medical Malpractice for New York on
Q: I am a plaintiff in a med mal case, my attorney is being sued & hired the defense attorney in my case to represent her.

Is that a conflict of interest? The initial firm I hired on 8-15-19, (with a retainer), emails me saying he doesn't know me, and would never sue the defense, although I have phone records, emails, etc.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2023

Your attorney is being sued by whom, by you or by someone else? If someone else, then there's arguably no conflict. There are many firms that represents doctors and hospitals in medical malpractice lawsuits and attorneys in legal malpractice lawsuits. As long as the two lawsuits do not... View More

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1 Answer | Asked in Identity Theft, Criminal Law, Personal Injury and Medical Malpractice for New York on
Q: Please help!! How can i get my structed settlement money turn over to me?

I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 26, 2023

If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More

3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 19, 2023

Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More

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3 Answers | Asked in Insurance Bad Faith, Medical Malpractice and Personal Injury for New York on
Q: Is there liability for a insurance company if my condition worsens due to their denial of authorization for more PT?

I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 16, 2023

You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.

Alexander Karasik
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answered on Sep 11, 2023

Hi. You may have a case for medical malpractice. Your husband's cancer condition may not absolve the hospital from taking the necessary precautions to avoid pressure ulcers. Give me a call at your convenience to discuss: (718)502-9112. In NY, the statute of limitations for malpractice is... View More

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