Is this malpractice or.... What kind of lawyer do we need???

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Is this malpractice or.... What kind of lawyer do we need???

Anonymous Oct 2, 2015 Business 9 views 3 answers

My wife submitted her paperwork to the doctor to be filed on 8/4/15. Had the baby 9/10/15 via c section. Doctors office FINALLY today (10/1/15) sent the paperwork to the employer who submitted to NYS.. Paperwork was NOT filled out correctly by the Dr office, and is past the 30 day window as required. What recourse do we have against the Dr office and possibly the state to receive any benefit???

Jeffrey Adams · Accepted Answer · 2026-06-15T16:14:27+00:00

Firstly and most importantly, congratulations. You do not have a malpractice claim against the doctor. You hpmay be able to petition for the venefits. Contact an attorney who handles disability claims. Good luck.

Steven Miller · Accepted Answer · 2026-06-15T16:14:27+00:00

Not sure what type of benefits you are referring to. If it is disability, contact a lawyer who handles disability or employment law. You are not describing a medical malpractice claim.

Philip Fabiano · Accepted Answer · 2026-06-15T16:14:27+00:00

This is not a medical negligence case. Medical negligence is basically care and treatment that falls below the standard of care and causes injury. If the "error" and delay caused you to lose some monetary benefit perhaps there is a claim to pursue. You have not described what the value of this loss might be but if it is not significant you may have trouble finding a lawyer who is willing to pursue it. Any lawyer who handles litigation claims can review this--a medical malpractice lawyer, a business lawyer, even a car accident lawyer.

Is this malpractice or.... What kind of lawyer do we need???

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