When is a legal relationship authorized between the injured party and lawyer?
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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... View More 
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... View More
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.... View More
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... View More
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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... View More
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
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... View More
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... View More
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.... View More
A Datscan to be exact that states I do not have Parkinsons. Is this a malpractice case
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... View More
Because my case is complicated but the injuries are still there.
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... View More
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... View More
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... View More
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... View More
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... View More
New York Southern District Supreme Court in a medical malpractice case, civil action
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.
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... View More
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... View More
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... View More
All the staff tells me is that someone will call you. It’s been 48 hours and no one has contacted me yet.
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... View More
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... View More
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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... View More
6 years later my mom suffered another stroke that caused more damage. Can that same hospital be held responsible for this stroke as well.
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... View More
This is not the first my mom is sent to hospital at a delayed time and was seriously ill now she critically ill
answered on Aug 16, 2020
I'm very sorry for your mother's and family's ordeal. It's possible you could, but the most reliable way to make that determination would be to reach out to discuss the matter with med mal attorneys. An attorney could review the file with a medical professional. Good luck
Tim Akpinar
The pathology reports show an infectious disease etiology & I'm not sure the f/up was done for that. Then her kidneys started failing. Food was never mentioned and in Oct. 18 i saw results suggesting CKF. And she had kidney stones in her ureter 3 times? Then a few other things happened... View More
answered on Jun 5, 2020
I'm very sorry for your loss. You could email your records to attorneys you contact. Don't worry about admissibility at this point. If an attorney identifies the basis for legally actionable claim, they would use HIPAA authorizations to obtain official records anyway. Good luck
Tim Akpinar
Is it okay for them to have sent this important information three months late? they said they forgot but thats three months where huge lifestyles changes needed to be made and i never knew.
answered on May 28, 2020
I'm sorry for your ordeal. This appears similar to another question on the same issue, and might involve the same matter - the earlier response addressed the challenges I felt were presented by the matter. Good luck
Tim Akpinar
i was sent this 3 months late with important information on my health that informed me i have diabetes. this whole time i needed to be making serious changes to my health and was not told till now. is that legal?
answered on May 28, 2020
I'm sorry for your ordeal. From a legal standpoint, it appears to be something where it might be difficult and costly to establish the measure of damages suffered because it could involve medical evaluation together with lab services. Further, some attorneys could see it as requiring... View More
The doctor knew about the allergy and gave me the medicine under a different name.
answered on May 26, 2020
Possibly. But the practical aspects of bringing such a claim could hinge on the severity and permanence of the damages. You could try to arrange a consult with a med mal attorney who could review your medical records and determine the viability of the case. Good luck
Tim Akpinar
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