New York Medical Malpractice Legal Questions

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249 legal questions have been posted about medical malpractice by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
New York Medical Malpractice Questions & Legal Answers - Page 7
Do you have any New York Medical Malpractice questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 249 previously answered New York Medical Malpractice questions.

Recent Legal Answers

can I make a report without harming my professional license

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You can file a complaint with the State Education and Health Departments, which issue the licenses and are in charge of the discipline that may occur here- using a 'straw person' in a medical practice can lead to stiff penalties. That you report the potential illegal activity should demonstrate a sufficient basis to protect your license. However, before you report to the authorities, you may consider employing qualified counsel to protect your interests. Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read More
You can file a complaint with the State Education and Health Departments, which issue the licenses and are in charge of the discipline that may occur... Read More

Is this malpractice

Answered 12 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I would not stay with a doctor who is so unorganized that it takes three weeks to get a definitive diagnosis of an acute orthopedic injury. Medical practices like that are just minefields for malpractice. Hopefully you will get a definitive diagnosis and additional care will take care of all of your problems. If you are left with permanent problems as a result of the delay in diagnosis and treatment, you may have a malpractice case worth investigating. If after dealing with your medical problems you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
I would not stay with a doctor who is so unorganized that it takes three weeks to get a definitive diagnosis of an acute orthopedic injury. Medical... Read More

delivery of my grand child

Answered 12 years and 9 months ago by attorney Jeffrey M. Rich   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a medical malpractice case against the doctors that delivered your grandchild. Me continue aspiration is a preventable occurrence that should never happen during labor and delivery. You should contact experienced medical malpractice attorneys without delay. Jeffrey M. Rich, Esq. www.richandrich.com Rich & Rich, P.C. Experienced Medical Malpractice Attorneys 212-406-0440... Read More
You may have a medical malpractice case against the doctors that delivered your grandchild. Me continue aspiration is a preventable occurrence that... Read More

Can I even try to sue ?

Answered 12 years and 9 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
you may have a medical malpractice claim against the nurse and his/her visiting nurse company. it depends upon how he/she administered the injection and what his/her understanding was of the way to give the injection and where exactly to give the injection and finally the amount/dose injected. also depends upon what instructions, if any, you were provided with regarding what to look for in and/or around the injection site. please call us. thank you. anthony colantonio, md, esq. silberstein, awad & miklos, pc. WeDoPatientsRight.org 516-832-7777... Read More
you may have a medical malpractice claim against the nurse and his/her visiting nurse company. it depends upon how he/she administered the injection... Read More

Can I sue a hospital for failing to diagnose?

Answered 12 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (in your circumstances a lawyer in Pennsylvania).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages... Read More

daughter died of leukemia

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these... Read More

I now have RSD after surgery on my left foot

Answered 12 years and 10 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
The injury may have been treated negligently. We would need more information. Please visit our website or call us. Thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757
The injury may have been treated negligently. We would need more information. Please visit our website or call us. Thank you. Anthony Colantonio, MD,... Read More

do i have a case

Answered 12 years and 10 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
The surgery may have been done negligently. We would need more information. Please visit our website or call us. Thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757
The surgery may have been done negligently. We would need more information. Please visit our website or call us. Thank you. Anthony Colantonio, MD,... Read More
Your experience sounds terrible and I'm sorry you had to endure it. We would need more information to give adequate advice. Please visist our website or call us. Thank you. Anthony Colantonio, Md, Esq. WeDoPatientsRight.org 1-855-832-5757 
Your experience sounds terrible and I'm sorry you had to endure it. We would need more information to give adequate advice. Please visist our website... Read More
We don't have enough information to provide an adequate repsonse. Please visit our website or call. Thank you. Anthony Colantonio, Md, Esq. WeDoPatientsRight.org 1-855-832-5757
We don't have enough information to provide an adequate repsonse. Please visit our website or call. Thank you. Anthony Colantonio, Md, Esq.... Read More

What can I do if I feel as though I was treated poorly by a physician assistant?

Answered 12 years and 10 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
The rudeness, unprofessionalism, and the lack of compassion you suffered from is inexcusable. Please visit our website or give us a call. Thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757
The rudeness, unprofessionalism, and the lack of compassion you suffered from is inexcusable. Please visit our website or give us a call. Thank you.... Read More
I am sorry for your loss. There may have been medical malpractice because the cancer was not diagnosed and your husband suffered and required emergency treatment. if it had been diagnosed properly, it is possible that the emergency surgery and the pain/suffering could have been avoided. please call us. thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757... Read More
I am sorry for your loss. There may have been medical malpractice because the cancer was not diagnosed and your husband suffered and required... Read More

determining if i have a case

Answered 12 years and 10 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
If your scoliosis worsened significantly from february 2013 to may 2013, then there may have been medical malpractice because treating you in february 2013 may have avoided worsening of the scoliosis and it may have led to better treatment results. please call us if you have further questions or concerns. thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757... Read More
If your scoliosis worsened significantly from february 2013 to may 2013, then there may have been medical malpractice because treating you in... Read More

I got operated of rocks but they said they left left some in there now I have to get operated again can I sue?

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is not a given that the failure to remove all of the foreign bodies was negligence. Beyond that, the mere fact that you will have to undergo another surgical procedure to cure the problem is probably not sufficient to make the case financially viable. A couple of articles below discuss that issue.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
It is not a given that the failure to remove all of the foreign bodies was negligence. Beyond that, the mere fact that you will have to undergo... Read More
the expenses in such a lawsuit are the clients .
the expenses in such a lawsuit are the clients .

I would like to know if there is any medical negligence concerning aftercare from a surgery.

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Blood clots following knee surgery are well known complication which should be anticipated. You woud expect when a patient complains of symptoms consistent with a DVT following knee surgery that the condition will be ruled out because DVTs can turn into pulmonary embolisms or strokes, which can be life-threatening.  You have not explained the outcome of the failure to diagnose the condition. If it was merely a delay in diagnosis and no additional harm occurred, you probably do not have a financially viable malpratice. If the delay resulted in complications that lead to a permanent injury, you should contact an attorney to investigate a case. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.  ... Read More
Blood clots following knee surgery are well known complication which should be anticipated. You woud expect when a patient complains of symptoms... Read More

Can I sue if a doctor gave me too much medication.

Answered 12 years and 11 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
This may be medical malpractice if the doctor did not monitor the dosages and effects of the medication properly and timely. I would need more information. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org
This may be medical malpractice if the doctor did not monitor the dosages and effects of the medication properly and timely. I would need more... Read More

Do I have a medical malpractice suit? Dr. gave me medication that could NOT be taken with my other medications.

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you have PTSD, you may have a case. At face value, I don't think I would prosecute it due to issues of economic viability. Nevertheless, if you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.  Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website. ... Read More
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting... Read More

Husbands lung cancer NOT diagnosed for over 2 years, former smoker, complained of back pain.

Answered 13 years ago by Charles Neuville Rock (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
A 2 year delay in making a diagnosis of cancer  deprives that person of his or her best chance of long term survival.  When that person has a history of smoking, the risk of lung cancer is increased and therefore raises a doctor's duty to consider the possibilies. Back pain is a very general symptom and can be attributed to many things but a doctor learns in medical school to create a "differential diagnosis" which is simply making a list of possible causes for the sign or symptom and then ruling in or ruling out the most serious and life threatening possibilities first.  There are many possibilities suggested in this minimal fact patter you've provided. if you'd provide more specifics, such as what other complaintis were made, to whom complaints were made, what tests were done, and the stage of the cancer when diagnosed, this would help with understanding the possible issues. Charles Rock Law Offices of Charles N. Rock, PLLC (845) 566-9200... Read More
A 2 year delay in making a diagnosis of cancer  deprives that person of his or her best chance of long term survival.  When that person has... Read More
This may be medical malpractice but it would depend upon exactly what the follow-up surgery revealed and if the first surgery was performed negligently. This sounds like a devastating injury for you and should be investigated. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read More
This may be medical malpractice but it would depend upon exactly what the follow-up surgery revealed and if the first surgery was performed... Read More
This may be medical malpractice but it depends upon what exactly happened during the ear exam and if there was an injury to the inner ear or tympanic membrane. i would need to review the doctor's notes and follow-up care. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read More
This may be medical malpractice but it depends upon what exactly happened during the ear exam and if there was an injury to the inner ear or tympanic... Read More
This may be medical malpractice but it depends upon what the records show in your doctor's office chart about you. Such as when was the last EKG, what it showed, what were the opinions of previous cardiologists? The doctor should have done an EKG with the complaints that you had. I would need more information. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read More
This may be medical malpractice but it depends upon what the records show in your doctor's office chart about you. Such as when was the last EKG,... Read More

Release from hospital subsequent death

Answered 13 years ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
This may be medical malpractice regarding delay in diagnosis of heart attack and unsafe discharge. It depends upon what the EKG showed at the first admission and/or if your wife had an infection at the first admission. I would need more information. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read More
This may be medical malpractice regarding delay in diagnosis of heart attack and unsafe discharge. It depends upon what the EKG showed at the first... Read More
Sorry to hear about what happened. Improper discharge from a hospital may be medical malpractice depending upon the circumstances. This may also be a Department of Health violation regarding an unsafe discharge and placing a patient at risk of their health or safety. Please contact me to discuss further. Anthony Colantonio, MD, Esq.... Read More
Sorry to hear about what happened. Improper discharge from a hospital may be medical malpractice depending upon the circumstances. This may also be a... Read More
who told you that your liver was lacerated and wah ttype of repair did that require? Remember that with the exception of a municipal hospital to which other conditions precedent apply, you have 2 and one half years from the last date of treatment by that physician for that condition in order to file a law suit.  Whe nwas the suregery performed? Which hospital is involve?... Read More
who told you that your liver was lacerated and wah ttype of repair did that require? Remember that with the exception of a municipal hospital to... Read More