New York Dental Malpractice Claims
Law Firm Marketing
The law firm of Jordan R. Pine & Associates is exclusively dedicated to representing clients in dental malpractice lawsuits in New York State. New York Dental Malpractice Attorney - We have been involved with over 1,000 dental malpractice cases and have the expertise, resources, and passion to handle claims in this highly specific area. We have recovered millions of dollars for our clients. Dental Malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care causing serious personal injuries. Like other areas of professional malpractice, dental malpractice is a form of negligence. Dentists are usually working hard to make sure that their patients are well cared for, but there are far too many mistakes that could have been prevented. Mr. Pine is dedicated to securing the compensation people deserve for injuries caused by dental malpractice and dental error. As an experienced New York dental malpractice lawyer, a complete copy of your dental records will be obtained. The records are yours and you are entitled to this information under the law. It must be kept in mind that certain records may not be kept in the dental chart and must be specifically requested separately. For instance, the ledger and account history are usually on the computer. It is also very important that all x-rays also be duplicated and obtained as well as progress notes, copies of prescriptions, copies of referral slips, etc. New York Dental Malpractice Claims If you or a loved one has been a victim of dental malpractice, you have the right to seek fair and full compensation for your present and future medical expenses, diminished quality of life, lost wages, pain and suffering and more. Before determining whether your dental malpractice claim is valid, you should consult with us. We will sit down to discuss your injuries and the merits of your case. Contact our New York dental malpractice law firm today at (845) 558-8286 or through our contact form. We are here to help.
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Workers’ Compensation Subrogation of Administrative Fees and Costs
When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.
In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.
In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.