Thomas L. Gallivan's Answers

My mother died after getting an infection while at the hospital, can I sue the hospital

If the Hospital failed to implement its own plan of care or failed to follow orders from physicians regarding the need for restraints and/or provided a regular diet by mouth when a "chopped" or "liquid diet" was required, you may have a medical malpractice/wrongful death case to pursue. Attorneys decide not to pursue matters for many reasons. One attorney declining to accept your case does not necessarily mean that the case lacks merit. My condolensces for your loss and I wish you the best...

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I am representing myself in a misdiagnosed cancer suit and need information on giving the answer

Hi Frances, As I am sure you have found out from your research, medical malpractice is the failure of a physician or other medical professional to provide an individual with treatment that meets the customary standard of care provided by other health care providers. In order for a medical malpractice case to have merit under the law, the patient must suffer an injury because of the physician or hospital’s failure to meet the applicable standard of care. Based on the circumstances described...

Can we sue the doctors?

Medical malpractice is the failure of a physician or other medical professional to provide an individual with treatment that meets the customary standard of care provided by other health care providers. In order for a medical malpractice case to have merit under the law, the patient must suffer an injury because of the physician or hospital’s failure to meet the applicable standard of care. Based on the circumstances described above, you should seek the assistance of an attorney concentrating...

My 19 year old son is being charged with a DWI in Queens County and I am seeking a good lawyer any recommendation.

If it has not occurred already, in most instances your son's NYS Driver's License will be suspended pending the prosecution of case (although he may be able to drive to/from work/school if he can show grounds for a "hardship license"). With respect to your questions about what you should expect and what would be considered a good outcome, that will depend on the specific facts of the case. For instance, did your son take a chemical or blood test? If so, what were the results of the test?...

Nursing home neglect/abuse

In New York, complaints about nursing home care can be reported to the New York State Department of Health (1-888-201-4563). Once reported, the DOH is required to conduct an investigation. Based on the information you provided, it also seems that the nursing home may not have had proper interventions in place in order to prevent falls and may have violated the NY Public Health Law. Should you wish to pursue a claim/lawsuit on behalf of your sister, you and/or your family may want to speak...

This is my first DUI offense( in new york city . no prior criminal charges I have a desk appearance ticket to get arrained .

In all likelihood, if you appear on time on the date indicated on the Desk Appearance Ticket, bail will not be set and you will not be put in jail. However, DWI is a serious charge (especially these days) and serious consequences may result from your decision regarding whether to enter a plea. As such, we recommend consulting with a NY DWI Attorney. www.gallivanlawfirm.com

Will a dui Charge show up on a employer crimal backround check

Assuming you have not been convicted of any crimes in the past, at this point, no search will show a conviction on your record. Pending criminal cases will not be revealed. www.gallivanlawfirm.com

Can we take legal action against the old folks home and the nursing staff for negligence & elderly abused & seek compensation?

In New York, complaints about nursing home care can be reported to the New York State Department of Health. Once reported, the DOH is required to conduct an investigation. You may want to look into whether a similar entity exists in NH. Based on the information you provided, it seems that the nursing home may not have had proper interventions in place in order to prevent falls during transfers. Should you wish to pursue a claim/lawsuit on behalf of your grandmother, you and/or your family may...