A creditor who acquired a medical
malpractice judgment against a dentist is now unable to put his money where his
mouth is. The creditor accused the dentist of having deliberately filed for
bankruptcy in order to thwart any collection attempts against him.
However, these accusations remain just
that for the time being; they are just accusations and there is no concrete
evidence backing it up say Brooklyn medical malpractice lawyers who are dealing
with the case.
As reported by bna.com,
the plaintiff in the case has been identified as Josef Zloof who according to
Judge Louis A. Scarcella failed to meet his burden of proof to match his claims
that the defendant dentist filed for bankruptcy just so that Zloof would not be
able to extract any money from him as compensation.
If you need legal help in this manner
and for medical malpractice or hospital neglect you should
utilize USAttorneys.com. This altruistic website is one of the bright spots of
the Internet.
Court
sorry for creditor's loss but cannot legally help
The court did express that were
sympathetic towards Zloof for the fact that he will not receive any
compensation for the damages incurred, but they remained unmoved that the laws
were applicable just as they were. Legal representatives say it basically means
that because the defendant was bankrupt and because Zloof cannot prove that
this bankruptcy filing was fraudulent, he would not receive any compensation
from the defendant.
The dentist in the case has been
identified as Tolly Chovev. He filed for Chapter 7 bankruptcy after Zloof
succeeded in suing him for malpractice and obtaining a verdict dictating that
Chovev owed Zloof $267,700 as compensatory damages. In his bankruptcy filing,
Chovev showed his monthly earnings, debts, income from spouse, and expenses and
his monthly balance is a negative thousand dollars which basically means he
qualifies to file for bankruptcy.
In such cases, any real estate or
property owned by the debtor would be liquidated and the money received would
be paid forward to the creditor. However, Chovev simply had no property in his
name and so this leaves Zloof at a dead end, not unlike Chovev himself.
New York medical malpractice attorneys
point out that this is a one of a kind hospital
neglect type of case, something unprecedented and that it could
actually irk legislators to amend legislation surrounding this issue for future
cases. This is just one of the main problems facing New York which has a
serious homeless problem, high taxes, not enough jobs, and a terribly high
unemployment rate.
Why
do you need a medical malpractice lawyer
Hospital neglect and/or medical
malpractice is when a health care professional or organization does not provide
care which meets the standards that it is supposed to or when their
acts/behavior can be considered as being negligent.
When this sort of substandard care or
negligence results in injuries, sickness, or death of the patient then the
patient or his/her surviving relatives (in case of death) are well within their
legal rights to file for medical malpractice in order to obtain financial
compensation for the damages caused, explain Brooklyn, NY medical malpractice
lawyers.
However, hospital neglect and
medical malpractice laws are complex while malpractice lawsuits are also
subjected to a statute of limitations. This is precisely why you need to hire a
New York medical malpractice lawyer as soon as possible to get started working
on your claim.
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