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New York Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for New York on
Q: Are there any lawyers that handle special psychiatric malpractice cases in NYS?

I was informed to contact the NY Bar Association; however, I was informed that no one in NY handles psychiatric malpractice cases. I would like to confirm this information. I posted a previous question with more in-depth details. Unfortunately, that question was removed.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 20, 2024

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

4 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More

Michael David Siegel
Michael David Siegel
answered on Apr 15, 2024

It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.

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1 Answer | Asked in Medical Malpractice for New York on
Q: Medical malpractice, do I have a case?

Ok this was not answered so let's try wording it differently, I went to a city hospital because I had extreme pressure behind my eyes. (csf leak) They in turn look at MRI from a year ago blaming something that happened to me almost 5 years ago. (H.O.D. caused by resection of cavernous... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 17, 2024

Malpractice consists of not just health care providers acting below the standard of care, but also damages or harm actually caused by the Malpractice. For civil cases it is “no harm no foul.”

1 Answer | Asked in Medical Malpractice for New York on
Q: I live in Suffolk NY, is it possible to sue a plastic surgeon for malpractice?

The original surgery was in November 2021, the stitches came undone because I was throwing up all night (the day of surgery). Revision surgery happened in May 2023, after that, I have a bulge on my stomach that is painful and noticeable. The doctor has tried to fix it unsuccessfully, even did a... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 15, 2023

A malpractice case is possible, though the extent of your harm may limit the case's viability. You should confer with other doctors to determine what should be done and the nature and extent of your future harm.

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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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 Consumer Law, Small Claims and Medical Malpractice for New York on
Q: Optometrist will not replace lenses even though they advertise 1 year warranty for exam and prescriptions.

The 1st prescription called for prism. They gave me headaches. They re-examined and eliminated the prism at no cost. These lenses left me with blurry vision. I went to my Gloucoma Ophthalmologist who said I have unusual problems with my vision (due to prism), and referred me to another speciaist... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 16, 2023

Your post does not include a question. You need to review the exact terms of your warranty to see whether it includes the original cost of your lenses and not just the replacement cost and whether the warranty can be triggered by the recommendation of a different optometrist / ophthalmologist.... View More

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

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.

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

Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Hi. I traveled to New Jersey for a hip injection from upstate NY and I am curious about legal action.

I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

There may be a civil case and a complaint to the medical board. But before you do anything, Consult with experienced medical malpractice attorneys in the state where this occurred.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another...
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3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Is it reasonable for a lawyer to write a letter to a hospital requesting payment for surgeon etc, after an patient fell?

The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.

I am the Health Care Proxy for the woman in question

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2023

A lawyer could write such a letter, which could hold true for any given case. But law firms will typically want to review the accident details and patient file closely to analyze the cause of the fall and to determine whether measures on the part of the hospital to prevent such a fall were... View More

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1 Answer | Asked in Criminal Law, Health Care Law and Medical Malpractice for New York on
Q: How do I address second-hand accusations of medication diversion with a patient?

Pt "A" contacted me today and stated that pt "B" stole her controlled meds (while they were in a shared medical transportation cab). Apparently, "B" admitted to her that he did indeed take them. Pt "A", further reports that in the past, "B" has... View More

Jack Mevorach
Jack Mevorach
answered on May 25, 2023

Have a free telephone consultation with counsel.

Jack

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Attorneys familiar with the medical field

How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 17, 2023

Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... View More

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2 Answers | Asked in Medical Malpractice, Criminal Law and Identity Theft for New York on
Q: Hippa-related legality surrounding my reporting a recent crime committed by a pt while using my namesake/identity.

In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 15, 2023

The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... View More

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2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for New York on
Q: Transgender was lift up and trew against the floor by a worker on the shelter she was living at send to presbiterian

They put her to sleep did not give her any treatment,her shoulder is out of place and she is a lot of pain ,she need help

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I had breast lifting 2020 and today I had mammogram and they found doctor left clip inside my breast. What I should do?

The surgery was in Miami

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 27, 2023

Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: How are psychiatric malpractice cases handled?

When a psychiatrist uses the wrong judgement in prescribing medication

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 12, 2023

Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... View More

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