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How can / does a lawyer correlate that the cause of a heart attack was cause by an event?

New York, NY |

I had a heart attack while in custody and am wondering if I have a case. One of the questions I have been asked to think about is how can I correlate my heart attack with the arrest.

Attorney Answers 11

Posted

A lawyer would need to have all of the facts and medical records, and would need a doctor to make the connection between the arrest and the heart attack - assuming a doctor believes the two can be correlated.

Joseph L. Ciaccio is a New York attorney with the Law Offices of Joseph M. Lichtenstein, P.C. (medicalattorneyny.com). The answers posted herein are not legal advice and do not create an attorney-client relationship.

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16 lawyers agree

Posted

I agree with Attorney Ciaccio. A medical expert will need to review your medical records and determine if there is any connection. This will have to be done in conjunction with an attorney review.

Good Luck and best wishes for a speedy recovery.

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.

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14 lawyers agree

Posted

As Mr. Ciaccio points out, it is really your treating physician that makes the causal connection between an accident and the claimed injury.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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14 lawyers agree

Posted

You must have medical testimony to correlate the event to the injury.

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15 lawyers agree

Posted

A lawyer will send the records to an expert to investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.

Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)

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14 lawyers agree

Posted

Allow me to add, that having a medical doctor render a professional opinion, within a reasonable degree of medical certainty, that you had a heart attack while, and presumably due to, being arrested, does not by itself make a case for you. It would not be unusual or unheard of that someone suffered a heart attack because of being arrested as that event, to the average citizen, can be considered a highly stressful and emotional event. Equally, if not maybe more important, is the question of why you were arrested and what is it that you claim that the police wrongly did so as to give rise to the claim (questions that you should NOT post details about on this or any other website). Also important is when this event happened as certain types of claims have shorter statute of limitations periods for the commencement of an action, as well as the requirement to file a pre-lawsuit "Notice of Claim", given that you are dealing with a governmental "defendant". You need to have a private consultation with a personal injury attorney a.s.a.p.

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11 lawyers agree

Posted

Medical testimony is required to show causation.

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8 lawyers agree

Posted

With expert testimony. This would be a very difficult case to pursue. As one of the other attorneys pointed out, just being arrested is stressful and could cause an MI. You can have an attorney get your records and review.

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7 lawyers agree

Posted

A lawyer correlates this by obtaining all of your medical records and then hiring an expert medical doctor to give an opinion. Consult with an experienced personal injury lawyer about your case.

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7 lawyers agree

Posted

With an expert!

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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5 lawyers agree

Posted

You would need a cardiologist to give an opinion within a reasonable degree of certainty that the accident caused the heart attack.

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3 lawyers agree

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