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Rafael Omar Gomez
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Rafael Gomez’s Answers

183 total


  • Need an attorney

    I had a root canal. The dentist left the tooth open did not pack the cap was cracked from the time he did it. I have many infection s & pain I just got it pulled in 4/2015.

    Rafael’s Answer

    Dental malpractice can be difficult because not every bad result is due to negligence. Your dental records will need k be reviewed by a dentist to determine if there was malpractice before a claim can be brought. There is a 2 1/2 year statute of limitations which starts to run from the time you last saw the offending dentist for the condition alleged to have been malpractice. You should consult a local malpractice attorney as soon as possible.

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  • Iam on comp for 20 years my lawyer has not settle my case how do I find a new attorney to take my case Iam 63 now

    I was injury on job fall on floor and have problem L3 L4 L5 L1 L2 doctors have said Ian 100% disabled

    Rafael’s Answer

    There is no additional charge for you to switch attorneys. Contact someone in your area for a free consultation. Good luck and I am sorry to hear about your situation.

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  • When do I need to consult a Worker's Comp Attorney? I was injured on 7/22/15 with a lower back injury. My employer is NYS

    I have not received any benefits yet. I received a letter in the mail on 10/2/15 requesting that I have a MRI, CT, EMG, Diagnostic Ultrasound and another Xray. My Dr has not ordered an MRI because he said WC is difficult to get to pay for this th...

    Rafael’s Answer

    There are many Workers' Compensation attorneys in town who will see you for a free consultation. Contact one immediately to make sure you protect our rights.

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  • Can I sue my dentist for medical malpractice after I've already sued him in small claims court?

    I recently brought a small claims action against my dentist to recover a portion of the cost of some implants based on malpractice claims. The work was shoddy and requires significant additional work. Upon speaking with another dentist, I have bee...

    Rafael’s Answer

    Small claims really isn't the venue for dealing with your malpractice claim. If it has been decided in small claims then you may be bound by that decision in pursuing a subsequent malpractice case. Consult with a malpractice attorney in your area as soon as possible. Most attorneys will not charge a fee for this consultation.

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  • What type of lawyer should I consult? I make ten dollars a hour. I am scheduled 10 hours of overtime a week. I asked how

    the overtime is calculated. I was told we are paid 8.75 + half of 8.75 for every hour of overtime although 10 is the hourly rate. As I got to looking at pay stubs and the papers for the department of labor I now realize that false statements are b...

    Rafael’s Answer

    There are very strict Federal and New York State laws governing pay for overtime. An employer must pay time and a half for every hour over 40 hours for non-exempt employees. There are also protections for employees who make claims for this type of claim to prevent retaliation from the employer. I strongly suggest you consult with an employment lawyer as soon as possible to protect your claims for this back pay.

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  • What is the rule when it comes to overtime in New York State? I believe that my job may be breaking the law.

    i make ten dollars a hour but the overtime pay is only 13.12. When I asked they said they have permission to take half of the minimum wage pay not what I make on the hour.

    Rafael’s Answer

    Under both federal and state law any overtime must be paid at least at time and a half. So if you are earning $10/hr then any hours over 40 in a week should be paid at $15/hr. There are protections available under both state and federal law. If your employer is violating this then you should consult with an attorney as soon as possible. Most attorneys will handle your claim on a contingency basis so you will not have to pay if there is no recovery on your behalf.

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  • My son who is 9 years old ate some lead based paint chips when he was 3 years old. i would like to sue the owners of the Propert

    y; located in Syracuse NY My son sustained brain damage as a result of eating the Paint chips. Can I file a Lawsuit or is it too late.

    Rafael’s Answer

    I am sorry for your situation, but there are several options available for you pursue for your son. The statute of limitations does not begin to run until your son turns 18, and then expires on his 21st birthday. You should consult with an attorney as soon as possible to ensure the proper investigation in conducted.

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  • I would like to file a medical male practice lawsuit

    i was taken into surgery in april of 2012 for a simple gallbladder removal the doctor cut my pancreaus open by accient and then i was diagnosed with reaccuernt pancreatitius i was in the hospital for a little over 3 months straight and sense then ...

    Rafael’s Answer

    There does not appear to be a question here - but for your reference I will outline what to do . In New York there is a requirement that before a medical malpractice case is filed a certificate of merit is prepared after review by a licensed physician who found malpractice. As a result you should consult with an attorney immediately so your records can be obtained and the review conducted. You did not indicate if the subsequent surgeries were with the same physician. If not, then there may be a statute of limitations issue based on when you last with the physician who is alleged to have committed malpractice. if you are serious about pursuing this I recommend you get a consultation as quickly as possible.

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  • Can my employer fire me for having a disability that prohibits me from doing what others can do with the same job title?

    I was hired as an RN to work from home due to my disability from a lower back injury. I do triages, new patient intakes, prior authorizations, etc. I was recently told that they might need me to come into the office to perform nurse visits, etc. T...

    Rafael’s Answer

    I am sorry you have run into such a difficult situation. It sounds like you have a legitimate disability which your employer may have to make reasonable accommodations for to allow you to perform your job. There are some additional facts needed to properly assess whether you have a viable claim and I would recommend you consult with an attorney as soon as possible to see what rights you may have at this time.

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  • Can an employer threaten loss of a job based on requesting a FMLA after encouraging you to do so?

    I was getting sick due to other employees touching things with dirty gloves after toileting someone at first. Then had problems with my vehicle because of excessive driving for my job with my own personal vehicle (I was paid mileage but not repair...

    Rafael’s Answer

    You should consult with an employment attorney as soon as possible. There are whistleblower and FMLA protections which may apply to your situation.

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