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

Asked 8 months ago - 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)

  1. Joseph Leonard Ciaccio

    Contributor Level 12

    16

    Lawyers agree

    Answered . 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.... more
  2. Michael Evan Greenspan

    Contributor Level 16

    14

    Lawyers agree

    Answered . 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... more
  3. Craig A. Post

    Contributor Level 17

    14

    Lawyers agree

    Answered . 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... more
  4. John L. Schroeder

    Contributor Level 18

    15

    Lawyers agree

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

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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)
  6. Jeffrey Ira Schwimmer

    Contributor Level 19

    11

    Lawyers agree

    Answered . 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.

  7. Steven Bandel

    Contributor Level 9

    8

    Lawyers agree

    Answered . Medical testimony is required to show causation.

  8. Josh P Tolin

    Contributor Level 19

    7

    Lawyers agree

    Answered . 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.

  9. C. Donald Briggs III

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . 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.

  10. Philip Anthony Fabiano

    Contributor Level 20

    5

    Lawyers agree

    Answered . With an expert!

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more
  11. Michael Howard Joseph

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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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