Rensselaer, NY Personal Injury Law Firms & Lawyers

I don't think suing them is going to get you anywhere any faster. I do have recommendations, but first let me give you some info: After a release is signed, the Plaintiff lawyers send it and other documents to the Defendant's lawyers. Then the Defendant's lawyers turn it over to their client's insurance company (or the client, if that is the situation) and then they have 21 days to produce the check. When they do, they have to send written notice to you that the check has been sent to your lawyers. Then you and your lawyers sign the check and then they deposit it into their escrow account, and then yes, some lawyers will wait a full three weeks before releasing the funds. So, it can legitimately take two months. With that in mind, here's what you do: write up a "time-line", a list of everything it happened with the date, starting on the date you signed the release. Be as complete and precise as you can. Find out everything you can about the liens being paid, etc, you can call the lienors and ask when they got the money. When you have all that, call the local Office of Court Administration Grievance Committee and ask them to look into it. They will want all the info, and there will be paperwork, but go ahead with that. They will look into it, and the lawyers at the firm will definitely take it seriously. In fact, I'd expect that one phone call from the Grievance Committee and you will get your check the next day.

You only have a case if the couple of hours delay in diagnosing the ruptured appendix made a difference in the care. If it is just a couple of hours of extra pain it is not a case.

The issue will be whether or not your surgeon deviated from the standard of care other surgeons would have provided and that he should have provided. Causing damage is not enough for a malpractice suit but you have to show that the damage should never have occurred had the surgeon performed with adequate professional competence. Please contact me if you need representation or have further questions. I hope this has helped and I wish you all the best.