Anthony T. DiPietro's Answers

What is my timeline to file a lawsuit. What kind of lawsuit?

Based on the facts that you've stated, it does sound like they violated the standard of care in not giving you the proper dosage of antibiotics. Meningitis can horrible consequences, as you are well aware. Therefore timely and appropriate intervention is required. I do not practice in your state, so it would not be appropriate for me to advise you about your statute of limitations. However, you should keep in mind that there may be a different time period to commence a case depending on who...

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Is it against standard medical practice to administer an epidural without a concent form being signed.

There may be some exceptions to the requirement that a doctor obtain informed consent before administering medical treatment such as: an emergency where the patient is unable to consent; or in a case involving a minor where a parent cannot be contacted in a reasonable time. However, most states have a statute of limitations that would limit the amount of time that you could file a complaint. That time period may be tolled or "frozen" in some states for various reasons including when the...

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Statute of limitations and malpractice.

If the clinic was a public entity run by a municipality there would be a 90 day window to file a Notice of Claim that begins at the time of the injury. If the clinic is run by the State a similar requirement exists, however, you could sue the doctor individually in State Court but the action has to be filed within 2 1/2 years from the date of injury. If the clinic is funded by the federal government you would have to bring the action in Federal Court under the Federal Tort Claims Act and a...

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If a consulting physician clears a patient for surgery

Absolutely. That's straight malpractice by the clearing physician. I've handled several cases like this. LMK if you need more info.

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Depo vera injection

I'm really sorry to hear about this. How many injections have you had and over what period of time? There may be some other reasons that the breast cancer is there such as family history, age, etc. You may have recourse. However, a full analysis of your entire medical history must be performed if you're considering a lawsuit.

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I settled with NYC on a medical malpractice case on Jan 17, 2012 and I still have not received a settlement check.

Hi, congratulations on your settlement. There's no reason to be frustrated. The City is not required to tender payment within the normal time frame that everyone else must adhere to. You will get paid, but nobody will be able to tell you exactly when. They are required to pay within a "reasonable time". No use getting upset or taking it out on your attorney or anyone else. I know you'd probably like a more concrete answer, but there isn't one.

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How do I prove that my medical records were falsified?

I'm really sorry to hear about this. It irritates me when anyone, especially children, are injured my medical malpractice. It makes me completely enraged when doctors change records to try to cover up their mistakes. I don't practice in your State, and I don't know what the applicable Statute of Limitations are. However, if you still have a viable claim I'm willing to look at your records - without charge - and let you know my thoughts. Perhaps something I find might assist you in...

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In 2009 i was overdosed on narcotics while in the hospital under the care of a physician. Can i sue the doctor and the hospital?

It's clear that overdosing a patient is a violation of the standard of care and is considered to be malpractice. Fortunately, the effects were not worse. As stated above, the issue is the extent of the injury. Typically, the only thing you can recover for is the fair dollar value of the physical and/or mental injuries. You should also inquire quickly about the applicable statute of limitations in your State.

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Are insurance companies allowed to hold my money from a settlement after i accept it?

Also keep in mind the following: 1. The time starts to run from when the defendants are served with the paperwork you signed agreeing to the settlement. 2. The time is longer if you sued a City or the State run facility/department. And as mentioned above, there are other variable such as to whether or not you are placing the money in a structured settlement. Also, is this your personal case, or a case on behalf of a child you are caring for? Does the case involve a wrongful death claim?...

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My girlfriend had a failed tubal Ligation it was done a year ago but failed is there a way to find out if it was done correctly?

I agree with the previous comment. Unlike some other States, New York does not allow compensation for an unwanted, unplanned pregnancy. Good luck.

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