Shandaken, NY Personal Injury Law Firms & Lawyers

With all of their blunders, why would you want her to stay there? From what you describe, it sounds like she would be better off somewhere else. As for them taking care of her without charge, that is simply not realistic. She could refuse to leave and they'd have to bring a court action to remove her and then you'd have an opportunity to air your grievances, but I don't see how that would do your mother any good.

No, that's the trade-off. On a worker's comp claim you don't have to prove negligence. In fact, the employer does not even have to be negligent in order for the comp carrier to be obligated to pay benefits. But then, when an employer is negligent and the employee can prove it, comp limits the amount of the recovery. Talk to your lawyer about a schedule award.

First of all, you may have a statute of limitations problem: in NY, the limit is 30 months, but that can be extended if the same dentist is continuously treating you for the same condition. Secondly, you "believe this is due to the crown being fitted incorrectly". You may be correct, but to prove it, you need to hire an expert witness and we're talking 5G just to find out if there is anything to go on. Finally, even if there was malpractice, the likely range of recovery might be such that it would not be cost-effective to go forward regardless of the probability of success.