Rosenthal, Siegel & Muenkel, LLP: FAQ's

Medical Malpractice FAQ's:

I want to know if I have a case against my doctor and/or hospital
In order to have a medical malpractice case, in addition to proving that your health care provider injured you in some way, you also have to prove that you have suffered damages. Sometimes this is a difficult aspect of your care to understand. Although you may have gone through unnecessary pain and suffering, if you have no permanent injuries there is likely no action to proceed with against your health care provider. In addition there is a statutory time frame in which you have to bring a lawsuit. Please tell me the facts of your case and our medical malpractice will discuss your issues and decide if we think it is practical to pursue your matter.

Personal Injury - Auto Accidents in New York State FAQ's:

If I am injured who will pay my medical bills and my loss of wages while I am out of work?
Regardless of who is at fault the insurance company for the car you are in or for the vehicle that hit you if you were a pedestrian will pay a combination of at least $50,000. in medical expenses and/or loss of wages. There is no time limit on the medical bills but a three year limit on the loss of wages. Contact us for more details as certain forms must be served on the responsible insurance company within a certain time limit or they may deny payment.

Workers' Compensation FAQ's:

What is a Section 32 settlement?
This is a full and final settlement of the workers' compensation matter. Under this settlement agreement the injured employee will receive a lump sum settlement offer and their file will be closed. Once the agreement is approved by the WCB, the injured worker will no longer receive indemnity payments and their medical coverage will cease. If the claimant is a Medicare recipient, approval is required from CMS regarding Medicare Set Aside (funds from the settlement offer that are set aside to pay for medical treatment, prescriptions, supplies, etc.) related to the work-related injury.

When can a permanency evaluation be completed?
Usually one year after date of surgery or date of injury a matter may be ripe for permanency evaluation. In matters concerning back or neck injury, a permanency evaluation may not take place until two or three years post accident. There are two types of evaluation - classification which pertain to a neck or back injury (can apply to injuries to an extremity) and schedule loss of use which is used for extremity injuries. Medical is still covered for related treatment by workers' compensation.