In determining whether the circumstances of your medical care meet the legal standard to bring a lawsuit, New York Law requires your attorney to speak with a medical expert or experts about the care you received. In speaking with a medical expert, your attorney will [...]
Under some circumstances, an attorney may seek your financial contribution towards the expense of hiring this medical expert. The fee for an expert can differ based on the specialty and experience of the expert but can range from $1,000 to $2,500 for a preliminary review. [...]
While it is best to follow the instructions of your doctor, patients always have the right to choose whether to agree to a treatment, procedure, or test. If failing to comply with your doctor’s directions were the cause of your injury, a lawyer for the [...]
Yes. Reviewing your medical records will be essential for any attorney to fully understand whether you may or may not have a meritorious medical malpractice case. It is always helpful to have obtained your medical records in advance of speaking with an attorney by contacting [...]
Yes. In some circumstances a case can be settled before a formal lawsuit is filed. All doctors in New York are required to carry medical malpractice insurance and it may be possible to settle with the insurance company before filing a formal lawsuit. Settlements often [...]
Sexual abuse refers to any type of illegal or coerced sexual conduct against another individual. A wide range of offenses fall into this classification, which is not constrained to physical contact alone. Sexual abuse can include acts of sexual touching, rape, indecent exposure, forcing another [...]
Yes. A case for sexual assault can be pursued in both criminal and civil court. In civil courts, there is no cause of action for “sexual assault”. Instead, the victim would file a lawsuit for one or more of a number or torts (wrongful [...]
A criminal case for sexual assault is pursued by the District Attorney of the County in New York where the incident occurred. The burden of proof in criminal court is high. The sexual assault must be proven “beyond a reasonable doubt”. The standard of proof [...]
No. Even if the defendant was not convicted at a criminal trial or there is no corresponding criminal case at all, the victim may still be able to pursue a civil case.
The person who committed the acts is not the only person who can be named in a civil lawsuit. The victim may also choose to name a third party, such as a school, a company, or an institution where the assailant worked or lived, who [...]
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