New York Medical Malpractice Questions & Answers

Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

Q: Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain.

1 Answer | Asked in Medical Malpractice for New York on
Answered on Sep 18, 2018
Timur Akpinar's answer
I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that breach of duty, and a causality (or connection) between the breach of duty and ensuing injuries/damages. To learn more about your rights here, you could consult with an attorney who handles medical...

Q: Can I pursue a case with the Supreme court on a dental organization that refused to complete work on me?

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Answered on Sep 1, 2018
Peter Briskin's answer
Any malpractice claim needs to be fully investigated before filing in court. The question becomes “was there anything the doctor did or didn't do that departed from the standard of care". If an individual files suit "pro se" there is no requirement to satisfy the certificate of merit statute. If an attorney files a malpractice suit the certificate of merit becomes a requirement.

NY Medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent...

Q: another patient result was given to me

1 Answer | Asked in Medical Malpractice for New York on
Answered on Jul 25, 2018
Peter N. Munsing's answer
If all it is is a record, that's a technical violation of that patient's privacy but even if yours was violated, the HIPAA Act doesn't have penalties.

Q: Can I fight 1100$ charges for an MRI that was taken of my hip when I was expressing pain in my lower back?

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Answered on Jun 29, 2018
Peter N. Munsing's answer
If that's what the doctors ordered generally no. You can ask your insurance company & the Pt ombudsman at the hospital to look at it.

Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER

1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for New York on
Answered on May 22, 2018
Peter N. Munsing's answer
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.

Q: When filing a suit against a person/business, is it better to select a firm who already won a case against the business?

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Answered on May 8, 2018
Michael Bersani's answer
Generally, yes. They will have a head start. They will already have "discovery items" (documents they got in the first lawsuit) about the company. They will have likely already deposed the company's main players. They will likely have deposition transcripts they can use.

Q: Can i Sue if the doctor who delivered my son at birth lost the placenta

1 Answer | Asked in Medical Malpractice for New York on
Answered on Feb 23, 2018
Aubrey Claudius Galloway's answer
Probably not, unless you can obtain a certificate of merit; further, you will almost definitely not win...unless you can have an OB Expert testify it was a deviation from the standard of care. Finally, the damages are very low for this regardless. - If you want to give it a shot, you can always make a (up to $5,000) claim in Small Claims Court (but you still need a certificate of merit from a doctor saying you have a potential case), which only costs $20 to file, and most lawyers would try the...

Q: what can i do legally against a dental office which lied to me about being in network and actually not being

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Answered on Feb 11, 2018
Michael David Siegel's answer
Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.

Q: How do i get my son's hospital records? He was 27 years old. He went in on a Friday and died on Sunday of sepsis.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Answered on Jan 14, 2018
Robert D. Kreisman's answer
Being a family member, next of kin, the father of your son, the hospital's records can be retrieved by signing the hospital's release of medical records form; HIPPA release. I usually tell my clients to call the hospital's medical records department to clearly understand its process. Often the procedures for medical records retrieval are explained on the hospital

website. I'm very sorry for your loss.

Q: DOES A DR. HAVE THE RIGHT TO REFUSE NEEDED MEDS TO PATIENT BECAUSE PATIENT REFUSED UNRELATED MEDS PUSHED ON THEM.

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for New York on
Answered on Oct 30, 2017
Lee A. Koch's answer
We need more details to answer your question. Call an attorney who does free consultations. Whether you hire the attorney or not, your conversation is privileged.

Q: Hello, is there any data available anywhere regarding the scope of clinical research litigation numbers? Thanks.

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Answered on Sep 11, 2017
Peter N. Munsing's answer
Not sure what you are looking for but your state's Trial Lawyers Association may have some data.

Q: Do I have rights if I was the emergency contact of a person who died in jail unexpectedly

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Wrongful Death for New York on
Answered on Sep 11, 2017
Peter N. Munsing's answer
The claim would have to be filed by his next of kin.

Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?

1 Answer | Asked in Employment Law, Medical Malpractice, Health Care Law and Libel & Slander for New York on
Answered on Aug 17, 2017
V. Jonas Urba's answer
HIPAA makes confidential health information protected unless a person authorizes the release of such information.

Health care professionals, especially ones who are licensed by the New York State Department of Education or the Department of Health know or should know that. Any person who believes that a licensed health care provider no matter who that person is can file a complaint with the registering or licensing state agency. If you are certain that a licensed health care provider...

Q: Is this dental malpractice?

1 Answer | Asked in Medical Malpractice for New York on
Answered on Jul 8, 2017
Ali Shahrestani, Esq.'s answer
You'll need a professional dentist to testify as an expert witness. You may want to see if the dentist will negotiate a resolution with you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...

Q: Q: We are being billed and bill has been submitted to a collection agency for medical services that were not performed.

1 Answer | Asked in Medical Malpractice, Consumer Law and Health Care Law for New York on
Answered on Jun 30, 2017
Peter N. Munsing's answer
Document what is said to you by any collection agency. Write them a letter that says you dispute the bill and why. If they continue, tell the provider you expect them to rectify the situation.

Q: My fiancé had a routine surgery at her allergist thursday... they ended up breaking hey nose during her procedure.

1 Answer | Asked in Medical Malpractice for New York on
Answered on Jun 20, 2017
Ali Shahrestani, Esq.'s answer
She can file for medical negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: Is there such a thing as profiling by pharmacist?

2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Answered on Jun 20, 2017
Ali Shahrestani, Esq.'s answer
It depends on why they're refusing to fill the prescription. Is there a prescription for a refill from your doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: What can happen if I decide not to pay the co-pay to a doctor that lied to me about a biopsy New York, NY | May 22, 20

1 Answer | Asked in Medical Malpractice for New York on
Answered on May 23, 2017
Peter N. Munsing's answer
Not necessarily evil--could just be cautious. If you went to a visit then he can get the copay.

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