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New York Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights, Medical Malpractice and Small Claims for New York on
Q: what legal actions can I take against this medical office

I've went to this medical office about once or twice.Due to the unprofessional, and unethical practices, I decided I won't be coming back. That was about a year ago. However despite constantly communicating with the front desk, They keep calling and harassing me since then for appointments I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

You cannot sue them. It is possible that if you are in a program that requires attendance at a doctors office they are calling you for that reason.

As to whether they are billing you or someone else, check your explations of benefits.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you are... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: My daughter was sick a while ago and was not diagnosed properly they failed to call me to tell me she had strep.

my daughter started getting pain in her joints and they ran some test and her blood levels were extremely high, that's when they discovered she went untreated with strep. she has gone through a lot of changes, from being in constant pain in her joint, legs, the heel of her foot, chest pains,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 20, 2019

I'm sorry for the ordeal your daughter and your family have gone through here. As a first step, you could set up a consultation with a med mal attorney in New York. Most law firms in the med mal area work on a contingency basis, and many offer free consultations. Attorneys could obtain your... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

I recall coming across case law in either a wrongful death case or medical malpractice case where the plaintiff(s) were awarded for emotional distress resultant from having to choose direct cremation of their loved one instead of burial (their preferred method of disposition).

Thank you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

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.

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1 Answer | Asked in Medical Malpractice for New York on
Q: Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain.

Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain. However, the doctor, even though he was aware of the pain, kept saying it was only pressure and that itll wear off. I was in A LOT of pain. I had a bit of local anesthesia which was not enough to deal with the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 18, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I pursue a case with the Supreme court on a dental organization that refused to complete work on me?

I filed a complaint with the NYS Division of Human Rights in 2016 against a volunteer dentist who worked in conjunction with a Donated dental service & it was determined no probable cause & I am experiencing a lot of pain around the work that was done & undone 2 years later...do I have the right to... Read more »

Peter Briskin
Peter Briskin answered on Sep 1, 2018

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.... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: another patient result was given to me
Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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.

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I fight 1100$ charges for an MRI that was taken of my hip when I was expressing pain in my lower back?

I had expressed pain in my right lower back and down my entire right leg to my physician. He sent me to Orthopedics for a right hip MRI because I told him I had a torn labrum in my right hip from the military. (Had already gotten MRI 's of the area in the past) I wanted my lower back and source of... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2018

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.

1 Answer | Asked in Car Accidents, Medical Malpractice and Personal Injury for New York on
Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER

she had a concussion and back injuries an abnormal EKG.she was release d the same day.she is still having medical issues.this was in seldan ny.she is paying out of pocket for medical testing she needs.Can she be helped in getting advice to help her ?

Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

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.

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: When filing a suit against a person/business, is it better to select a firm who already won a case against the business?
Michael Bersani
Michael Bersani answered on May 8, 2018

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.

1 Answer | Asked in Medical Malpractice for New York on
Q: Can i Sue if the doctor who delivered my son at birth lost the placenta
Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Feb 23, 2018

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... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Business Law for New York on
Q: what can i do legally against a dental office which lied to me about being in network and actually not being

I made an appointment to see a Dentist through the website Zocdoc. On this Website the dental office lists my speific plan and dental insurance as being "in network", if the office is in-network I know that my dental insurance would pay for the cleaning and check up x rays in full. I go for... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 11, 2018

Why don't you call your insurance company and ask if the dentist is in network? It really comes down to that issue.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
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.

We had him there on the Sunday before for extreme pain in his arm. He was a drug addict going into treatment that Monday. They said he was detoxing, gave him something for pain and let him go.

Robert D. Kreisman
Robert D. Kreisman answered on Jan 14, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Probate for New York on
Q: My mother died in the hospital in Brooklyn NY. She left no will. How do I get her medical records from this hospital?

I live in Pennsylvania. Do I need to go to a probate court in NYC ?

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

Yes.

1 Answer | Asked in Criminal Law, Civil Rights and Medical Malpractice for New York on
Q: DOES A DR. HAVE THE RIGHT TO REFUSE NEEDED MEDS TO PATIENT BECAUSE PATIENT REFUSED UNRELATED MEDS PUSHED ON THEM.

NO PAIN MEDS IF YOU REFUSE ANY OTHER TYPE OF MED NEW TO MARKET. SO MANY AND WITH TERRIFYING SIDE EFFECTS

Lee A. Koch
Lee A. Koch answered on Oct 30, 2017

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: Hello, is there any data available anywhere regarding the scope of clinical research litigation numbers? Thanks.

Looking to find a probability for any clinical research trial of making it to litigation, any further detail of breakdowns into alternative dispute resolutions would be great as well, or just complaints in general.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Not sure what you are looking for but your state's Trial Lawyers Association may have some data.

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Wrongful Death for New York on
Q: Do I have rights if I was the emergency contact of a person who died in jail unexpectedly

He died in nys jail they said he just died before he arrived at the hospital and I wanted to make sure because we wasn't able to get an autopsy because he had a Muslim card from years before when he was incarcerated he never liked pork and they would give different meals if you said u was Muslim He... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

The claim would have to be filed by his next of kin.

1 Answer | Asked in Employment Law, Medical Malpractice, Health Care Law and Libel & Slander for New York on
Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?

I'm currently in sick leave long term for depression since two months, I had an interview with Occupational Health Advisor two weeks ago and she told me everything was kept confidential during the interview, that she will make a report to my company regarding the fact I'm fit for work, and I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 17, 2017

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...
Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Is this dental malpractice?

I have an infection in my tooth that caused my face to swell. 2 days ago while my face was still swollen a dentist performed a (partial) root canal and told me to get rid of the infection using antibiotics he prescribed. I'm to go back to the dentist in 2 weeks for him to finish the root canal once... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

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.... Read more »

1 Answer | Asked in Medical Malpractice, Consumer Law and Health Care Law for New York on
Q: Q: We are being billed and bill has been submitted to a collection agency for medical services that were not performed.

Contacted insurance company, they responded that all items "were submitted properly".We reported to them that procedures on bill were not performed..plus doctors office manager confirmed that

all costs would be covered under "emergency policy"....and not to worry......?

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

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.

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