Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More

I'm sorry for your ordeal. Your best option in having your matter evaluated would be to try to arrange a consult with a med mal law firm. Most firms offer free initial consults. If attorneys expressed an interest in exploring the matter more closely, they could retrieve your file and review... View More

Alexander Karasik Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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

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

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

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

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

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... View More

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment.... View More

I am unaware of any law that prohibits a medical group from providing external referrals. Although in your situation it doesn't sound so much as a refusal to provide a referral as a failure to provide one. Regardless, even assuming the failure to provide a referral constituted a departure from... View More

Sorry to hear what happened to your son. Without minimizing what happened to him, unless he sustained a significant deformity that cannot be corrected by another procedure, the time and expense of a lawsuit would arguably not be worthwhile.

It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.

Yes, it's possible it could be. However, attorneys would be able to advise more definitively with the benefit reviewing the file documents and patient history with medical/pharmacology experts. Good luck

Yes, there are attorneys who handle psychiatric malpractice cases. You can find such attorneys using the Find a Lawyer tab on the JUSTIA homepage. Try looking for medical malpractice attorneys as psychiatric malpractice is simply a subcategory of medical malpractice.