I am sorry to hear about this. It is possible that the hospital and/or doctor may be liable for your injures. The key here is whether the doctor/hospital's conduct fell below (or breached) the standard of care. In order to prove that, most states require that you hire an expert witness (usually another doctor) who will testify about the specific incident and whether or not the doctor/hospital's conduct was below the standard of care. Most states require that you have an expert witness willing to testify to such before you can even file a lawsuit. If you believe that the doctor's conduct was below the standard of care, you should probably start calling local attorneys in your area who practice medical malpractice cases. It might be helpful if you go ahead and request the medical records from the surgery and bring those with you to any consultations. Most consultations are free. A local attorney will be more familiar with NY's state specific laws on medical malpractice cases. Best of luck!
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Mar 11th, 2013 at 3:54 PM