Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

Touro Law School

Head of Law Office

Stephen Bilkis & Associates

Current

Union Plus Benefits for AFL-CIO Union Members Newsletter

Union Plus

Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

Accepted Member

Writers Guild of America East

10.0 Rating

Justia

AFL-CIO Union Privilege Legal Plan

Plan Administrator

Current

American Prepaid Legal Institute

Member

Current

New York State Trial Lawyers

Member

Current

New York State Bar  # 2842938

Member

1997 - Current

New York

Since 1997

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• Car Accidents

Q. My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

December 2, 2024

A: I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or medical malpractice case in New York requires careful consideration of several factors.

In New York, a wrongful death claim allows certain family members, such as a spouse and children, to seek compensation if a loved one's death resulted from another party's negligence or misconduct. Importantly, only the decedent's personal representative—typically the executor or administrator of the estate appointed by the Surrogate's Court—has the authority to file a wrongful death lawsuit. This representative acts on behalf of the estate and the beneficiaries to pursue legal action.

To establish a wrongful death claim, you must demonstrate that the deceased owed a duty of care to the victim, breached that duty through negligent actions, and that this breach directly caused the death. In your situation, you would need to show that the medical professionals or EMS acted negligently in treating your wife, thereby contributing to her tragic outcome. For a medical malpractice claim, four key elements must be proven: duty of care, breach of duty, causation, and damages. This means showing that the healthcare providers failed to meet the standard of care expected in treating her condition, which directly led to her decline and subsequent death.

Your wife's rapid decline despite treatment for anxiety raises questions about whether the medical providers adequately assessed her suicide risk or provided appropriate interventions. Additionally, the EMS's refusal to work on her, citing that the wound was mortal, may be scrutinized to determine if it was justified or if it contributed to her death. These actions could potentially demonstrate negligence if they fell below the accepted standard of care.

Given the complexity of cases involving mental health and emergency medical services, it is important to consult with an experienced wrongful death and medical malpractice attorney in New York. An attorney can help you gather necessary evidence, such as medical records, witness testimonies, and expert opinions, to build a strong case. They can also navigate the legal procedures and deadlines specific to New York law, ensuring that your rights are fully protected.

Additionally, appointing a personal representative if not already done is important, as this individual will be responsible for filing the wrongful death claim on behalf of the estate. Collecting all relevant documentation and seeking expert medical opinions will strengthen your case and help demonstrate how negligence may have played a role in your wife's death.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York wrongful death and medical malpractice law. ... Read More

Q. What do I have to do?

December 2, 2024

A: I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.

Under the Emergency Medical Treatment and Active Labor Act (EMTALA), hospitals in New York are required to provide emergency medical treatment to anyone needing it, regardless of their insurance status or ability to pay. This federal law ensures that individuals with life-threatening conditions receive immediate care. Given that a pseudomeningocele impacting vision is a serious and potentially sight-threatening condition, it qualifies as an emergency requiring prompt medical attention.

When you arrive at the emergency room, the medical staff will assess your condition to determine the urgency of your treatment. If your vision is being affected, they will prioritize stabilizing your condition to prevent further complications. It's important to communicate clearly with the healthcare providers about the severity of your symptoms to ensure you receive the appropriate level of care.

After your immediate medical needs are addressed, you can discuss your financial situation with the hospital’s billing department. Many hospitals offer financial assistance programs, charity care, or sliding scale fees based on your income and ability to pay. These programs can significantly reduce the cost of your medical treatment. Be prepared to provide documentation of your financial status to qualify for these benefits.

Additionally, some hospitals have patient advocates or social workers who can help you navigate the financial aspects of your care. They can assist in applying for assistance programs and exploring other resources that may be available to you outside of Medicaid.

While vision-related medical care does not have different rules compared to other emergency treatments, the critical nature of preserving your vision underscores the importance of seeking immediate help. Ensuring that your condition is recognized as an emergency will facilitate access to the necessary medical services without delay.

If you continue to face difficulties obtaining the care you need or managing the associated costs, consulting with a legal professional experienced in New York healthcare laws can provide additional guidance and support.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York law. ... Read More

Q. Side Mirror Case

December 2, 2024

A: I'm sorry to hear about the accident you were involved in. Handling your GEICO report accurately is important to ensure a fair assessment of your claim and to protect your legal interests, especially under New York criminal law.

In New York, providing a truthful and consistent account of the incident to both your insurance company and any investigating authorities is vital. Initially, you reported that you were using your phone and did not see the pedestrian, which suggests a momentary distraction. Your proposed statement—"I was driving north of Still Road and the pedestrian was walking southeast of Still Road. Afterward, the pedestrian crossed the white lane on the side of the road and entered my lane. I was in disbelief to see that the pedestrian had crossed into my lane and collided with my car's right mirror."—offers a detailed and factual description of the events.

However, it's important to ensure that your updated statement aligns with your initial report. Inconsistencies between your reports can raise questions about the accuracy of your statements and may be used against you in both insurance and potential criminal proceedings. If you initially admitted to using your phone and not seeing the pedestrian, changing your story without a valid reason can be problematic.

Working with an experienced New York personal injury or criminal defense lawyer can help you navigate the intricacies of both insurance claims and potential legal consequences. Their expertise ensures that your statements are consistent, accurate, and presented in a way that maximizes your potential compensation while minimizing any risks of your account being used against you.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified New York attorney. ... Read More