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Joseph M. Lichtenstein
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Joseph Lichtenstein’s Answers

3 total

  • Is this Medical Malpractice or is there anything I can do?

    I have been going to Pain Management for over 5 yrs on Long Island NY. Dr tells me that I have to do an epidural shot or he will not give me my prescriptions. 3 days after the shot my left shoulder blade has a massive spasm & my left arm goes par...

    Joseph’s Answer

    This is completely improper conduct. I think you should consider filing a complaint against him with the Office of Professional Medical Conduct.

    With regard to a malpractice claim, your "injury" may not warrant such a claim. Most attorneys will not pursue a medical malpractice claim unless the damages are substantial because of the time, effort and costs involved.

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  • A doctor refuses to let me see my original medical records and other docs where I believe a lot of things were modified/edited.

    He had his lawyer send me a doctor-patient care termination letter and he said that if I ask again for the medical records he will file a restraining order against me. He also said, if I file an arbitration to get refunded for the money I gave him...

    Joseph’s Answer

    The biggest issue here is the statute of limitations. You should immediately consult with a local attorney to protect the statute of limitations from expiration, and to demand the records.

    Under Federal law (and no doubt California law) you have a right to your medical records. You need to hire an attorney immediately

    I am not an expert in California Law, but in New York, if there is an apparent basis for a medical malpractice claim, and the doctor has refused to turn over the records, a case can be started to protect the statute of limitations without them. An attorney can involve the court and make a motion to compel production of the records.

    You should hire an attorney immediately to pursue this and protect your statute of limitations, which may be near expiration.

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  • Can my mother file a lawsuit after a sponge was left after her surgery?

    My mother had to have emergency surgery around Christmas last year because of scar tissue backup because of a hysterectomy 5 years prior. It's been 14 months and her stomach is still swollen. She went to have a scar done and they discovered a spo...

    Joseph’s Answer

    Your mother has a valid claim - however the first issue is the statute of limitations. I'm not sure what's been 14 months - is that when the symptoms started ? The issues are (1) when the injury occurred; (2) when it was discovered or should have been discovered.

    You need to speak with an attorney from your state as to the operation of statute of limitations under these circumstances. I would do this immediately as time may be of the essence.

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