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