December 8, 2016


My Dad was involved in car accident, which he ended up 8 months in the hospital. Jacobi Hospital he ended up due to a heavy brace that caused him chest pains a ulcer under his chin, a astrology tube, a feed tube and mild heart attack. At rehab he ended up with a ulcer under his chin, 2 bedsores, his belly button bleeding, 2 ulcer by his ankles, they never bath him from the neck down to his belly button due to the brace, cut his veins left him bleeding, and he came to the hospital several dehydrated. From the VA hospital who cured everything from the rehab placed ended up going home and coming back and there he ended up with 4 degree ulcer. Ended up in Calvery for wound care for 3 months. I have pictures.

I called a lawyer in WP NY and they indicated the fee is 33 percent fee. I want to know is this normal? I live in Throgs Neck, NY and want a lawyer close to home. I now do the wound care for my Dad where he ended up with additional ulcers due to the negligence of a home health aid that comes to the house for 12 hours.

Can you please give me advice if I can also sue the agency who provides the home health care as well as the Facility,


Negligence in delivering medical treatment sounds in medical malpractice, not negligence, so the fee is based on the med mal sliding scale - which is less than 33%. You should be very careful about this - if the case is brought on a negligence theory, and not a malpractice theory - and the statute of limitations has passed - it can be dismissed!

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