Happy Thanksgiving From Albert W Chianese & Associates

Thanksgiving is here,
Live it up and be of good cheer,
Feast on goodies, relax  and have fun.

May you forever have a million reasons to be thankful.
Wishing you a very Happy Thanksgiving!

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You Are Entitled to a Copy of Your Medical Records

In New York a patient is entitled to obtain a copy of their medical records from their doctor.  Often if a doctor senses that there may be a lawsuit they refuse to provide records even when requested by the patient.  Should you find your self in a situation where a health care provider refuses to give you a copy of your records refer to the statute below.  Note the final line of the first paragraph “A release of records under this section shall not be denied solely because of inability to pay”.  If the health-care provider continues to refuse to provide you a copy of your medical records contact the New York State office of the Professions   http://www.op.nysed.gov/opd/complain.htm to file a complaint

17 Pub. Health. Release of medical records.

  Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclusive of personal notes of the said physician or hospital, copies of all x-rays, medical records and test records including all laboratory tests regarding that patient to any other designated physician or hospital provided, however, that such records concerning the treatment of an infant patient for venereal disease or the performance of an abortion operation upon such infant patient shall not be released or in any manner be made available to the parent or guardian of such infant, and provided, further, that original mammograms, rather than copies thereof, shall be released and delivered. Either the physician or hospital incurring the expense of providing copies of x-rays, medical records and test records including all laboratory tests pursuant to the provisions of this section may impose a reasonable charge to be paid by the person requesting the release and deliverance of such records as reimbursement for such expenses, provided, however, that the physician or hospital may not impose a charge for copying an original mammogram when the original has been released or delivered to any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or a conservator of a conservatee and provided, further, that any charge for delivering an original mammogram pursuant to this section shall not exceed the documented costs associated therewith. However, the reasonable charge for paper copies shall not exceed seventy-five cents per page. A release of records under this section shall not be denied solely because of inability to pay.

    For the purposes of this section the term “laboratory tests” shall include but not be limited to tests and examinations administered in clinical laboratories or blood banks as those terms are defined in section five hundred seventy-one of this chapter.

Crown and Bridge Verdict Nassau County

On March 22, 2011 a Nassau Jury awarded a 59 year old woman $125,000.00 verdict for injuries she sustained as the result of Dental Malpractice.  The plaintiff was a patient of the defendant’s office for over twenty years.    At trial the plaintiff claimed that the bridgework, crowns and implant restorations that the defendant placed were beneath the standard of care in the field of dentistry.  It was claimed that the bridges had open margins that allowed bacteria to enter under the restorations.   As a result the plaintiff was required to have all of the dental work replaced and lost three teeth.  After five hours of deliberation the Jury awarded the plaintiff $125,000.00.   Albert W. Chianese was the trial attorney for the plaintiff.

Alternative dispute resolutions

Alternative dispute resolution is exactly that, an alternative to litigation to settle disputes.  Often methods of alternative dispute resolution are used even after litigation has begun.  The most common used forms of ADR are mediation and arbitration.  These methods allow the parties to have their disputes settled without a lengthy and costly trial. 

Can you file a Dental Implant Failure Malpractice Case?

Dental implants are the cutting edge of dental technology. The materials they are constructed of are the most modern resins and alloys on the market today. The procedure used to anchor them to the jawbone has been refined in recent years to make the operation less painful and successful a higher percentage of the time. The industry has even come up with a smaller version of the standard implant which is used to anchor dentures and plates. So what exactly is implant failure?

To be a dental malpractice attorney New York residents can count on, it’s important for an attorney to know about dental implants and how they can cause serious damage in the mouth and jaw if not installed properly. If the bone structure is weak and it cracks during the procedure, the patient may feel excruciating pain once the anesthetic wears off. Even a hairline fracture will eventually cause problems. The bone will deteriorate and the implant will loosen and fail. Infections can also develop.

Dental implant failure malpractice cases are not filed as often as they should be. Patients with implants, typically older adults, become resigned to the probability that their implants may loosen over time. In some cases, the dentist will even tell them that they can expect a certain amount of “play” in the implants. This is not the case if the original procedure is done properly. There are instances where implants should not be used at all. Dentures would be a much better solution.

When you are injured by a dentist you are entitled to financial compensation for your injuries and so are your loved ones. Elderly patients are often the ones taken advantage of with shoddy implant procedures. If you have a parent or grandparent who has recently been through a dental procedure and they are complaining about pain or discomfort, listen to them and ask questions. There could be probable cause there to investigate further and possibly file a suit on their behalf. Judges and juries don’t like it when anyone takes advantage of seniors and neither do we.

Finally! A Dental Malpractice Lawyer New York can Count On

The dental malpractice lawyer New York City can count on to get the best possible settlement is Albert W. Chianese. The highest dental malpractice settlement New York courts have ever awarded was granted to a plaintiff represented by Mr. Chianese. The victim in the case, a dental patient at the dentist for a routine root canal surgery, contracted trigeminal neuralgia, a severe pain that radiated from the root canalled tooth to her right ear, as a result of the surgery. The award granted by the judge in the case was $3,903,408.

The reason the judge chose to give such a substantial amount to the plaintiff was the claim of “neglect by a dentist” made by the patient. The dentist, once this accusation was made, became liable for the damages and subject to a law suit. The patient came to our offices, Mr. Chianese saw that she had a legitimate case, and we proceeded until a verdict was reached and the historic settlement was awarded.

Have you been to the dentist recently? Did you stop going because of an injury you sustained while in the chair? Back in the old days, suing your dentist for malpractice was unheard of. It wasn’t done and when it was there were never attorneys with the experience and knowledge of the law to win those cases. There were no precedents to quote or cases to reference. Today, that has all changed and Albert W. Chianese is a good part of the reason why. Due to his efforts in the field of dental malpractice law, dentists can now be held accountable like any other medical professionals.

If you have been through a painful procedure at the dentist office and are still feeling the effects, call us and come by the office for a consultation. If a mistake was made and you were injured there’s a good chance that you can receive compensation for that injury. Let our dental malpractice attorney review your case and have you get a second opinion from another dentist. There’s no reason why you should have to live with the pain or numbness you’re feeling right now.

What do I do if I want to sue my dentist?

Do you have a case? There are people in this world who are always looking for something to sue for and there are those who have been legitimately injured and need financial compensation for their troubles. If you are in the latter category, then this dental malpractice attorney can help you. Our office prides itself on practicing law ethically and honestly, taking only those cases brought to us by legitimate plaintiffs.

If you have been injured by a dentist and would like to know how to go about filing a lawsuit, call our office and we’ll set up a time for a consultation. The consultation is free and we only get paid if we win the case for you, a good reason to only take the legitimate cases and not waste our time on false claims. There are plenty of cases where serious injuries are sustained and people need help to make things right.

One piece of advice that we will give you at any consultation is to seek a second opinion from another dentist. The damage done to your teeth, gums or nerves should be easily detectable by another professional, one that is not affiliated or biased in any way towards the dentist who did the original work. This second opinion is invaluable when you walk into a court room to plead your case. Your own personal experiences and opinions should be backed up by medical knowledge.

Once the second opinion is in we’ll go ahead and file your case. Our attorney, Albert W. Chianese, has experience in dental malpractice cases and a track record of success with multiple victories and high settlements awarded. He and the rest of our team will fight for you because you have been hurt, regardless of whether it was intentional, negligent, or accidental. One of Mr. Chianese’s clients was recently awarded the largest dental malpractice verdict New York has ever seen, a settlement of $3,903,408. If he was able to get that for her, just think what he can do for you.

Recent Settlements

Here are a few of our recent settlements

$182,500.00 for a Brooklyn man who sustained paresthesia to his right lower lip and chin as the result of a root canal overfill. The overfill damaged the inferior alveolar nerve.

$140,000.00 settlement for a Nassau woman who sustained damage to her right mental nerve as the result of an extraction. The damage was caused by a fracture of her jaw. As a result of the fracture her mouth was wired shut for four weeks.

$92,500 for a Nassau man who treated with the defendant for an upper bridge. The bridgework needed to be replaced within a year of completion. It was claimed that the bridgework was ill-fitting.

$87,500 for a Suffolk man who as the result of neglect by a defendant was required to undergo extensive restorative treatment which included implants and bridgework.