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New York Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for New York on
Q: Looking for medical malpractice attorney.

Hello

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 so it's going to be under the "continuous treatment" rule.I was... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 26, 2022

It is highly unlikely this asker will find a med-mal attorney without first obtaining a medical report from an independent physician asserting to malpractice committed by the asker's doctor. The New York standard to prove a med-mal case is the asker's physician deviated or departed from... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: I would like to know if I would have a valid case against Jacobi hospital for an IV infection/surgery in my right arm?
Tim Akpinar
Tim Akpinar
answered on May 9, 2022

It would be difficult for an attorney here to say "yes" or "no" to a case based on the brief format of this question & answer board. You could reach out to med mal attorneys to discuss. If a law firm felt confident you had a meaningful basis for a case, they would retrieve... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I want to sue my psycho-therapist and her supervisor a Psychiatrist. I live in Brooklyn NY

I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

I'm sorry for your ordeal. Unfortunately, it would be difficult to get an attorney referral on this site - the format here is more question & answer. There are legal sites set up as attorney referral services. The closest thing on this site might be the tab above, Find-a-Lawyer. You could... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: This is in regards to medical malpractice. Is this considered “malpractice” or an error on the surgeon’s part? Can I sue

This is in regards to medical malpractice. I had bicep tendon reattachment surgery on my left arm and I can’t twist my wrist. It’s been 10 weeks post surgery. I know people who have had the same surgery and they were able to twist their wrist weeks earlier. There is also numbness in my arm.... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2022

Could the surgeon have made a mistake? Yes. Could the numbness in your arm be attributable to factors other than the mistake of a surgeon? "Yes" to that question as well. An attorney is not qualified to make such a determination. You could reach out to med mal law firms to discuss... Read more »

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1 Answer | Asked in Child Custody, Family Law and Medical Malpractice for New York on
Q: In PA or NY, custodial parents and medical facilities are required to inform other parent with joint custody of trtmnt?

Ex has left me out of the loop for 3 months on my daughter's quickly developed eating disorder that is now so bad she will be hospitalized. Even has her on meds. We have joint legal custody and are required to discuss all medical, academic, and other major issues and come to conclusions... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Mar 26, 2022

In neither Pennsylvania nor New York is a provider of medical services required to hunt down and inform a joint custodian of anything. Ordinarily, a court will enter custody orders that compel the custodial parent to stay abreast of such information and then notify the asker of its occurrence.... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: What are the required documents to be signed when you hire a lawyer for a medical malpractice lawsuit?

When is a legal relationship authorized between the injured party and lawyer?

Jeff D. DeFrancisco Esq.
PREMIUM
Jeff D. DeFrancisco Esq.
answered on Feb 11, 2022

In general, the legal relationship is established once a client signs a retainer agreement. The retainer agreement formalizes the agreement that the lawyer will be representing the client, along with the terms of the representation. The terms of the representation typically include the... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: I had poor dental veneers done and as a result I have pain. Can I get work to fix it without jeopardizing a legal claim?

A new dentist has taken X-rays, pictures, molds. My old retainers show that my teeth were made to be extremely long and my bottom teeth are completely covered when I bite. I have headaches, jaw pain, teeth clenching, pain from the dentist grinding down my teeth to try to fix the bite but leaving... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

It's possible that it could - but it would be difficult to say with certainty. Such a setting could be analyzed from different perspectives, one being that destruction or correction of the subject matter could prejudice the ability to examine the condition which is the contention of a claim.... Read more »

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2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
PREMIUM
Jeff D. DeFrancisco Esq.
answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Medical Malpractice for New York on
Q: I have a tort claim and looking for case laws in New York State on medical negligence.

The department of corrections have it in my medical summary acknowledging my epilepsy. But put me on a top bunk and I fell after catching an epilepsy attack. Suffering severe injuries and on medication

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2021

I'm sorry your question remains open for three weeks, and for the injuries you suffered. I wish you the best in your recovery. It could be difficult to obtain the most recent case law holdings on given legal issues on these types of public forums - law firms could feel uncertainty as to... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Is it unlawful for a dental surgeon to refuse their practice to the patient for no stated reason?

I have asked questions to the dental surgeon about the operation and insurance coverage. At a certain point the surgeon said that they will not remove the tooth because they dont "feel well". I asked for an explanation, but the surgeon went away and refused to answer more questions. I... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2021

As a general rule, physicians may choose who they will treat. But there are additional elements, such as whether the situation is an emergency, or there is a contractual relationship. Additionally, a medical professional may not decline treatment based on reasons that amount to discrimination.... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: I was diagnosed 8 years ago with parkisnons have been on medication for 8 years. I recently had a brain scan.

A Datscan to be exact that states I do not have Parkinsons. Is this a malpractice case

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2021

This is something that would likely require a medical opinion and additional information regarding the original examination(s) and diagnostic tests made eight years ago. It could be difficult for an attorney to offer you a "yes" or "no" answer based on the brief information... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: Can I sue a hospital for medical malpractice with a pro bono lawyer to guide me through?

Because my case is complicated but the injuries are still there.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2021

Medical malpractice attorneys in New York and other jurisdictions generally work on a contingency basis. You could reach out to med mal attorneys to discuss further. Most attorneys in this field offer free initial consults. If a law firm felt that your case had merit, they could request your... Read more »

Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 27, 2021

Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for New York on
Q: Hi I need help with getting the subpoena for a non party to testify in a virtual deposition? Form name/ number?

New York Southern District Supreme Court in a medical malpractice case, civil action

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 3, 2021

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: i need a lawyer to subpoena phone records so i can start a lawsuit with a hospital for malpractice and other lawsuits
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 27, 2021

As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.

Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine...
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1 Answer | Asked in Medical Malpractice for New York on
Q: I had a small bump on my nose on the left side The doctor filed the bone on both the right and left. my nose is worse

I saw an ENt surgeon in October 2020 for septoplasty for breathing. I had a small bump on my left side fromRhinoplasty in 2013. The ent doctor said he can rasp it or file it down to smooth. He did both sides of my nose and my nose now looks worse. I never agreed to the right side. But even my left... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 9, 2021

This could be a difficult case. The legal standard for a medical malpractice case is that there was a breach of a duty of care on the part of a medical provider and that as a result of that breach, you sustained injury/illness/disability or other form of damages. Here, the damages relate to a... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: What can I do being that my dad has been in the hospital for 2 days and I’ve been calling with no answers

All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2020

I'm sorry for your family's ordeal. One can only guess what the situation could be without knowing more details. In some cases, it could take time before a patient gets assigned to a regular room. If he came in through the emergency room, they could be running tests. He could be sent to... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... Read more »

Michael Bersani
PREMIUM
Michael Bersani
answered on Oct 20, 2020

Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for New York on
Q: My mom suffered a stroke in 2014 from a hospital that misdiagnosed her pre stroke the day before.

6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2020

I'm sorry for your mom's ordeal. This is something that calls for a medical opinion. If a physician was asked to make such a determination, it's likely that they would want to know more about the medical history. You could reach out to med mal attorneys. If a law firm felt there was... Read more »

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