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FAQs and answers for medical mapractice, accident and wrongful death matters in the State of New York

The majority of people who are online looking for attorneys have specific questions they want answered. They don't want long-winded explanations. Online viewers typically have a specific legal problem and they want to learn information about how to solve their problem quickly.

This section gives you quick information that you need to know to help you understand how the legal process works. By law, we cannot provide any legal advice online. Instead, we are permitted to provide information to you that helps you understand the many different facets of how these cases work. Importantly, it gives you an understanding of what an attorney needs to know when evaluating a particular type of case.

As always, for more personalized  information about your particular matter, I encourage you to pick up the phone and call me at 516-487-8207 to schedule free telephone consultation or by e-mail at lawmed10@yahoo.com. I welcome your call.

I WANT TO SUE

• When going to trial in New York In a personal injury or medical malpractice case, can you sit at the lawyer's table during the trial?

NEED TO FIND A LAWYER

• Q: How do you get so many videos online? Do you do these yourself or do you have a video production company do them for you?
  
• Q: Are all personal injury lawyers trial lawyers?
  

HOW LAWSUITS WORK

• Is your doctor an expert?
  
• What is voir dire?
  
• What is remittitur?
  
• What is additur?
  
• “I asked for my records and the Doctor said I have to pay a huge processing fee. Can he do that?”
  
• How do you lay a foundation to get medical records into evidence?
  
• What is causation?
  
• Something bad happened to you in a hospital here in New York.
  
  Can you get a hospital incident report?
  
• What is a "JNOV?"
  
• How do you use a transcript of prior testimony at trial?
  
• What is a request to charge?
  
•  What is a prior inconsistent statement?
  
• “My surgery happened 4 yrs ago in NY. Can I bring a case now?”
  
• What is a gag order?
  
• What is “Loss of Consortium?”
  
• Why does my case keep getting adjourned when it's scheduled for trial?
• Should you handle your accident or medical malpractice or wrongful death case on your own?
• What are Trial Exhibits and why are they needed?
•  What is a “Memorandum of Law?”
• What is a Subpoena "Duces Tecum?"
• What is the penalty for not complying with a subpoena to appear at trial in a civil lawsuit in New York?
• What is "Hearsay?"
• Is early settlement right for you?
• What is a "Motion in Limine?"
•  What is an authorization?
•  What is a bill of particulars?
•  What is a “Stipulation of Discontinuance?”
•   What is a “General Release?”
•  What is an “Infant's Compromise Order?”
•  What is a “Certificate of Merit?”

Medical Malpractice

• “If I refused medical treatment can I still bring a medical malpractice case in New York?”
  
• “I went to a doctor in Florida and saw a sign that said he doesn’t have any malpractice insurance... is that true for MD’s in NY too?
  
• In a malpractice case, why do we need an expert to review my case?
• What happens if a doctor or a hospital removes or alters medical records from my file?
• What is "Lack of Informed Consent?
• If the hospital lost my baby's fetal monitoring strips, what happens at trial in a case involving allegations of brain damage from a botched delivery?
• What is "continuous treatment" and why is it important to my case?
• If a doctor left a foreign object inside of me during surgery, how much time do I have to start a lawsuit?
• When you question my doctor at a deposition, can I be present? Can I ask questions too?
• What is the amount of medical malpractice insurance most doctors in New York carry?
• What are the names of the medical malpractice insurance companies that insure doctors and hospitals in New York?
• What is podiatric malpractice?
• What is dental malpractice?
• Do you handle Vioxx, Bextra or Celebrex cases?
• What are the 3 things I need to prove to show I have a valid case?
• My treating doctor says I have a valid lawsuit and he's willing to testify. Isn't this enough to start a case?
• What is a pain journal?
• If a chiropractor caused nerve damage during their treatment, do I have a case?
• How common is dental malpractice?
• I went to my podiatrist to have a bunion removed. He did surgery to correct the problem, and now I can't walk well. Do I have a case?
• I was pregnant and had a stillbirth when I was five months pregnant. I think it's because of something the nurse midwife did in the clinic when she examined me. I feel terrible. Do I have a case?
• I don't understand why you rejected my case. Can you re-evaluate my case again?
• What is medical malpractice?
• Why would I want to file a complaint against a doctor or a hospital with the NY State Dept. of Health?
• Are my out of pocket medical expenses repaid to me if I go all the way to trial?
• How do I prove future medical expenses?
• I've heard the phrase 'loss of enjoyment of life' - what does it mean?
• What does it mean when a lawyer is suing for 'damages'?

Obstetrical Malpractice

• What are developmental delays?

Surgical mistakes

• Your case involves a surgical error.
  Is it Ok to bring in a pediatrician as your expert?
  

Gynecology Errors and Mistakes

• Q: Why did you choose the name of one of your medical malpractice books, “Doctors Gone Wild?”
  

Wrongful Death Cases

• If a family member has died and I need to come to you for legal advice, what documents do I need to bring to our meeting?
• What is 'pecuniary loss'?
• What if the person who died was not earning a living, or was retired? Can we still claim economic loss to our family?
• Can family members recover for time they've been out of work while caring for a family member before they died?
• My husband was a construction worker who slipped off a scaffold at his job site. He broke his neck and died from his injuries. Can I bring a lawsuit against his employer?
• Why do we need an economist for my mom's death case?
• What is an autopsy, and why would it help my case?
• You're Loved One's Died- You Suspect Foul Play. When you're at the hospital and the emergency room doctor tells you your 50 year-old husband just died after collapsing at work, you want answers.
• When you settle a death case, how soon can the family obtain the settlment money?
• I just read that a woman in New York was awarded $14 million dollars for her wrongful death. How is it that she was awarded so much but never regained consciousness after her malpractice?
• Why Would a Dead Man's Family Call a NY Malpractice Lawyer First Before Burying Him?

Bicycle Accidents

• What type of bike do you like to ride?
• Bicycle Accidents In New York- Bicycle v. Car, Who Wins?

Lawsuits Involving Children's Injuries

• Do I need to bring my child into your office when I meet with you?
• Can a parent recover money because their child has been injured?
• Do I need to keep taking my child to the doctor while the lawsuit is pending?
• Will I need to bring my child into Court for a trial?
• If I bring a lawsuit for injuries my child suffered, how many times will I need to be questioned by the lawyers?
• What is an 'attractive nuisance'?

Negligence Cases

• I slipped and fell on a city sidewalk and broke my leg. Do I have a case?
• I was driving a forklift that malfunctioned causing me to be thrown to the ground. The pallet I was moving crushed my leg. Can I sue the manufacturer of the forklift for not designing the lift properly?
• What are the top 10 most important things you need to know if I slip and fall?
• I have an attorney, and I'm getting close to trial, but I'm not really sure my attorney is doing all that he should for me. Can I call you for a second opinion?
• Warning Labels and Warning Signs Don't Warn
• Why is your NY injury case worth only $250,000 and your neighbor's case is worth $500,000?

• NY Accidents- Who is watching my kid at the pool?

• NY Accidents- "Is there a maximum amount of money I can recover for my injuries?"
• NY Accidents- "If I'm a teenager in NY, can I bring a lawsuit on my own?"
• NY Accidents- Who is watching my kid at the pool?
• New York Accidents-How Much Money Is Your Injury Case Worth?

Car Accidents

• You've been injured in a car accident in New York. Should you handle your own case?
• What is supplemental underinsured motorist coverage?
• Are photos of the accident scene helpful?
• If I live in Brooklyn, and my car accident happened in Queens, where do we bring the lawsuit?
• If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
• A neighbor of mine was in a car accident and broke her arm. She got a lot of money. I was also in a car accident and broke my nose. Why isn't my case worth as much as hers?
• What is a 'life-care planner'?
• In a car accident case, why is the trial split into two parts?
• What does speed, time and distance have to do with my car accident case?
• My car was totalled in a car accident. My insurance company wants to pay for the car and then get rid of the car. Should I allow this?
• My car was totalled, but I'm just bruised. Do I have a case?
• If I was in a car accident and then a doctor committed malpractice on me, do I have to bring two separate lawsuits?
• If I was in an accident and the driver had limited insurance, but my injuries are significant, is there any way to go after that individual personally?
• I was in a car accident in New York and was in the hospital for three weeks. My medical bills are over $100,000. Why doesn't No-fault pay more than $50,000 in medical bills?
• NY Car Accidents- "Can I Still Sue If I Didn't File A No-Fault Claim?"
• NY Car Accidents- "If I sue the driver of the car that hit me, will he lose his license?"
• New York Car Accident Attorney-Top Ten Things To Look For When Choosing A Lawyer
• Car Accidents in NY - 7 Reasons You May Not Want to Sue
• "What Color Was The Light?" Asked The Police Officer

How A Lawsuit Works

• Q: What is an opening argument?
  
• Q: What is a closing argument?
  
• Q: I see you handle a lot of medical malpractice, accident cases and wrongful death cases. Do you also handle product liability cases?
  
• Q: What is a "Hi-Low" agreement?
• Q: What is the highest level court in the State of New York?
  
• Q: What is the trial level court called in NY State?
  
• Q: What is the 1st tier appeals court called in NY after the trial court?
  
• Q: If you live on Long Island and your case is tried in Nassau or Suffolk county, which division of the Appellate Court in NY does your case go to if you appeal?
  
• Q: If your case is tried in Manhattan or the Bronx, which division of the Appellate Court in NY does your case go to if you appeal?
  
• Q: What’s the difference between “Presiding Justice” and “Justice Presiding,” in the Appellate Division in New York courts?
  
• Q: When you appeal your case, do you get to present testimony and evidence all over again? Do the judges listen to your case again?
  
• Q: How many judges listen to appeal in the Appellate Division in the State of New York?
  
• Q: How much does it cost to appeal a trial?
  
• Q: Can anyone who is unhappy with a court decision or a trial verdict appeal their case?
  
  
• Q: I notice that while waiting on the security screening line to get into court, all these lawyers flashed some card and just bypassed security. What’s up with that?
  
• Q: How many lawyers does it take to screw in a light bulb?
  

• What is a motion for summary judgment?

• What does "Non-obstante verdicto" mean?
• Do I even need an attorney to represent me in my claim with the insurance company?
• How long does a case take from start to finish?
• If I start a lawsuit for my injuries, why do I have to give personal information to my attorney?
• Can I check the status of my case online?
• Why do I need to sign authorization forms for my case?
• How much time do I have to start a lawsuit?
• What kind of litigation expenses can I expect on my case?
• What is a deposition, and will I have to testify at a deposition?
• During my case, will I have to be examined by a doctor for the defense?
• What is an appeal?
• When my case goes to trial, can I accompany you to pick a jury?
• How much am I suing for?

Court Oversight on infant's cases and death cases

• On an infant's case, or on a death case, how do I know that everything is being done appropriately?

Can You Give Me Medical Advice?

• My doctor tells me I need another surgery, what do you think?
• I'm unhappy with my current treating doctor, can you recommend a doctor for me to go to?

Doctor Credentials

• What does it mean if a doctor is board certified?
• If my doctor has been sued, and I bring a lawsuit against him now, can I use his prior cases against him at trial to show how bad he really is?

Attorney's Fees

• Q: Do lawyers in personal injury firm have “billable hours?”
  
• Q: What’s this rule about 'losers paying court costs and the other attorney's fee'?
  
• What are your fees to handle an injury case?
• Why do lawyers charge a fee?
• I just read that even though you take cases on a contingency basis, I may ultimately be responsible for your legal expenses to prosecute my case. Is this true?

Attorney Advertising

• Q: Why do you have so many videos on your website and online?
  
• Why do some lawyers and law firms feel the need to send out press releases about what they do for a living?

• What does it mean when a lawyer says they are a member of the MILLION DOLLAR ADVOCATES FORUM?
  

• Are you eligible to become a member of this Million Dollar Forum 'fee-for-certificate' organization?
  

• What is the Martindale-Hubbell attorney directory that I hear so much about?
  

• What is the "Super Lawyers Magazine" that New York Magazine publishes each year?
  

• I received an email the other day from a man who wanted to know whether an attorney who didn't have a web site was a good attorney, despite getting many recommendations from friends and relatives that he was the only attorney to use.
  

Structured Settlements

• When would I need to structure a settlement?
  In other words, why would I want to receive periodic payments instead of one lump sum in a settlement?

Mediation/Arbitration

• What is mediation and what is arbitration?

Pain and Suffering Compensation is Tax Free!

• Do I have to pay taxes on a settlement for my injuries?

General

• What is an 'Authorization'?
• Who is my ideal client?
• Q: Do New York lawyers have a dress code in court?
  
• Q: What do judges wear underneath their black robes?
  
• If I hire Warshauer Thomas Thornton & Rogers, what will I be charged?
• What about expenses? I've heard that if I hire a lawyer the expenses can be tens of thousands of dollars.
• If I hire Warshauer Thomas Thornton & Rogers, will my case be settled or will it go to trial?
• Will I be kept informed if I hire Warshauer Thomas Thornton & Rogers lawyers?
• My case isn't pending in Atlanta. Is Warshauer Thomas Thornton & Rogers still the right firm for me?
• When I hire Warshauer Thomas Thornton & Rogers, which of the lawyers will be working on my case?
• How long do I have to file suit, or otherwise settle my case?
• I was injured at work. Am I automatically entitled to receive compensation?
• Does the FELA offer me more protection than workers' compensation?
• Do I have to prove negligence in every case against the railroad?
• What type of damages are recoverable under the FELA?
• What should I do if I get injured on the job?
• Do I have to go to the doctors recommended by the railroad for treatment?
• How long do I have before I have to file a lawsuit?
• What should I look for in choosing a lawyer?
• How are you different from any other attorney who handles injury cases and medical malpractice cases?
• If I can't come to your office, can you meet me in my home?
• What is a lien?
• Are lawyers in New York required to take continuing legal education to keep abreast and updated on the current changes in the law?
• If I'm a Veteran of the Armed Services, and all of my medical care was with the VA Hospital, and I believe they caused me injury, can I bring a claim against the VA?
• If I was injured on the job, do you handle workers compensation claims?
• How many hospitals are there in each of the 5 boroughs of New York- and what are the names of each hospital?
• What towns or cities do you practice in?
• Where is my local County Bar Association?
• If I already have a lawyer, but I'm not happy with what they're doing, can I switch to another lawyer?
• Why do some lawyers advertise?

Gerry practices law exclusively in the State of New York. Within New York he practices primarily in the following counties: New York, Brooklyn, Queens, Bronx, Staten Island, Nassau and Suffolk. Technically, Brooklyn is known as "Kings County," and Manhattan and New York City are known as "New York County." Staten Island is known as "Richmond County." These counties make up the New York metropolitan area.

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