This sounds like a medical question and not a legal question. You should seek the advice of another dentist. A Medical Malpractice case requires damages, if you have not suffered any damages you have no case to pursue.

I'm very sorry. This is a complex matter and would require detailed review. The best starting point could be to contact a med mal attorney and arrange a consult (most practitioners in this field offer free initial consults). Good luck

Tim Akpinar

Health insurance carriers do assert liens on settlements. However, many carriers also engage in negotiation of these liens. Some are limited in the amount of reduction by their policies (with public health carriers). If there is an attorney handling this matter, check with them. They are probably... View More

Congratulations. You raise a valid point, but hospitals are facing severe stresses today, which is something a court could consider in the matter. It's possible a court would give a hospital considerable leeway during these difficult times. You could consult with other attorneys to see how... View More

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... View More

This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.

A personal injury lawyer will investigate the case for free if there is a case. Patient should pay nothing.

Seek a consultation with a med mal attorney. That two month period can go by very quickly. It appears to be a difficult matter on which to arrange expert testimony and that could mean a new attorney, should you retain one, will need that time to arrange new expert witness. Good luck

Tim Akpinar

I believe I may have answered this question - my response was that seeking consult with med mal attorney could be helpful in making well-informed decision about how to proceed in light of the two month window presented by judge in case. Good luck

Tim Akpinar

I'm sorry for your family's ordeal in this matter. You ask if you should obtain counsel again. That is up to you. If you consulted with med mal attorneys, you could be in a better position to make that decision in a well-informed manner. You say the judge has given you two months - this... View More

It could affect it negatively in a very serious way. Remaining pro se or retaining an attorney is a decision that is up to you and no one's business. But the role of an attorney at a deposition (and at subsequent hearings/conferences) is a valuable one. You could consider contacting an... View More

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.

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... View More

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... View More

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.

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... View More

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... View More

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.

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.

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.