Dental Malpratice Lawyer

Lance Ehrenberg, Esq.

Location: New York, New York
Phone: 212-730-0200
Fax: 212-730-1099
E-mail Me

Lance Ehrenberg, Esq. | Dental Malpractice Lawyer Manhattan | New York City (NYC)Attorney Lance Ehrenberg earned his Bachelor’s degrees in Philosophy and Religion from Colgate University in Hamilton, New York, and his law degree from Washington and Lee University School of Law in Lexington, Virginia.

Lance was licensed to practice law in 1976.  His areas of practice are Medical & Hospital Malpractice, Dental Malpractice, Motor Vehicle Negligence, Premises Liability, False Arrest and Collections.   Active in various professional organizations, Lance is a member of NYS Trial Lawyers Association, NYS Academy of Trial Lawyers, American Association for Justice, and NY County Lawyers Association. Although English is Lance’s primary language, he also speaks Russian and Spanish.

Litigation Percentage

  • 99% of Practice Devoted to Litigation

Bar Admissions

  • New York, 1976
  • U.S. District Court Southern District of New York, 1976
  • U.S. District Court Eastern District of New York, 1976

Education

  • Washington and Lee University School of Law, Lexington, Virginia, J.D.
  • Colgate University, Hamilton, New York, A.B. in Philosophy and Religion

Classes/Seminars

  • Bar Review Essay Instruction, BAR/BRI, 1977 – 1982

Past Employment Positions

  • Howard S. Davis, Esq., Trial Associate , 1981 – 1983
  • Garbarini Scher & DeCicco, Esq., Associate , 1976 – 1977
  • Friedman and Shaftan, PC, Associate, 1977 – 1981

Dental Malpractice Legal FAQs

Is there a fee for initial consultation?

NO

If there is no settlement or recovery will I owe any money?

NO. If there is no recovery or settlement you owe nothing to the attorney.

What is the attorney's fee in dental malpractice cases?

The attorney’s fee in New York State for medical (and podiatric and dental), malpractice cases is defined by statue and is referred to as a “decreasing sliding scale.” The scale starts at 30% of the net (net is the total recovery less expenses) recovery, up to $250,000. For that portion of the recovery over $250,000 the attorney’s fee decreases to 25%, then 20%, etc.

What is the time limit for bringing a medical malpractice case into court?

The “statue of limitations” in New York for medical (and podiatric and dental) malpractice cases is generally two years and six months from the date of the malpractice. However, there are exceptions to this general rule. In some cases the time limit starts later than the date of the actual malpractice. In some cases a shorter time limit applies as with medical malpractice committed at a municipal hospital. Only a knowledgeable attorney can advise you as to which time limit applies to the facts of your case.

Does my attorney have to get all of my records for my malpractice case?

Generally, yes. Every medically related record relevant to the case has to be collected and reviewed including hospital, doctor, physical therapy and pharmacy records, and x-rays (radiology).

Do I have the right to get my own medical records?

Yes, you have the right to obtain a copy of your records and x-rays. New York State published a very informative booklet on this. Go to this website

 

When you ask for your hospital records (or any record for that matter) you need to make sure you ask for, and receive, the entire record. Many times hospitals, physicians and dentists do not provide the entire record but instead give you only an “abstract” which is usually worthless since it contains incomplete information. Almost without exception, the complete medical record is needed for your malpractice case. But there is more on what is the “complete” record – read the question on digital medical records.

My new Dentist says I have a malpractice case. Is this an advantage?

Generally, yes. But remember – many dentists who tell their patient they have a case do not know the legal standards necessary to prove a medical malpractice case. However, having your dentist’s support you in your case is generally helpful.

When you accept my case does that mean I will either win my case or get a settlement?

No. Always remember that no attorney can guarantee or predict the outcome of a case. Likewise, recoveries in similar cases cannot predict the outcome in your case.

Should I file a complaint with the New York State licensing board against my dentist?

In addition to contacting an attorney to represent you in a malpractice case you may want to file a compliant against the dentist. You do not need an attorney to do this. You will be asked to write a summary of what happened to you. This information is usually used only for the compliant you file with the State and usually is not used in your malpractice case. However, we believe that in some rare cases your compliant sent to the State may be discovered by the opposing lawyers in your case. Therefore, we advise that you consult with your attorney prior to filing the compliant with the State because what you say in your compliant may hurt your malpractice case.

To file a compliant against a doctor, go to http://www.health.ny.gov/professionals/doctors/conduct/

To file a compliant against another licensed professional (dentist, podiatrist, nurse, etc.), go to http://www.op.nysed.gov/broch2.htm.

A very helpful page for consumers and their rights with respect to physicians is on the NYS website at http://www.health.ny.gov/professionals/doctors/conduct/frequently_asked_questions.htm

What are digital medical records?

Presently there is a tremendous push to create digital medical records (EMR = electronic medical records) and to convert older paper records into digital form. This applies also to MRI’s and x-rays. Frequently the records will be given to you on a CD, particularly MRI, CT and plain x-ray films. When a hospital record is digital, you will usually be given the complete record on a CD.

Dentists’ offices are going digital as well. The dentist’s notes will be made on a computer and many forms filled out by hand will be scanned into the computer too. But frequently these offices also maintain a paper file on you which they have not scanned into their computer and usually these offices do not give this to the patient. When we request a medical record from  a dentist, we make sure the paper records are provided as well.

My medical insurance company sent me a form to fill out which asks about pending lawsuits - what do I do?

Many insurance policies have provisions in the actual contract of insurance in which the company tries to attach a lien or claim for money against your lawsuit for a portion of the money your insurance may have paid for treatment of the conditions involved in the lawsuit. Many of these are not valid in New York State. You should not fill out those forms without first consulting with your malpractice attorney.

What kinds of things should I save for my case?

Everything!
  • appointment cards
  • hospital discharge forms
  • insurance papers
  • your calendar or whichever way you kept track of your appointments
  • photographs
  • emails
  • crowns, implants, bridges, study models (molds)

Using Facebook and other social media - will it impact on my case?

Yes, it can. Defense lawyers are now focusing on getting into your social media accounts. Why? If you claim a serious injury and that it prevents you from doing certain activities, your Facebook pages – and photographs – may tell another story. We do not think you should use Facebook and the like for either your complaints or injuries about the care from the  Dr. or Dentist. You may have forgotten what you wrote or you may have written under extreme emotional distress or late at night. It may not exactly track what you will say later in a sworn deposition during your case.

If you write about social and athletic activities on social media, you must bring this to your attorney’s attention.

Are photographs important in my case?

In many cases, photographs are extremely important so save all photographs even those on your cell phone. If you are going to take photographs of, for instance, your wound or ulcer, or anything else relating to your case, make sure your camera or cell phone’s date is accurately set so that the photographs are accurately dated.

Should I send Emails to my dentist?

Understand that emails will come out in your case so be very careful if you do this. If you think you might have a case against your dentist you should stop all emails with that doctor.

If I am not getting better when should I stop seeing my dentist?

If your dentist is not helping you and she is not giving a good explanation why, you should get another opinion right away. When you see your second opinion dentist remember that everything you tell him might or might not get recorded in his record. Nevertheless, make sure you have a good understanding of your recent medical history so that you can give your new doctor accurate information with the hope it gets accurately recorded in his record.