QUESTION
Do I have a medical malpractice suit?
Asked on Feb 03rd, 2025 on Medical Malpractice - New York
More details to this question:
I went into Plainview Hospital hospital (Nprthwell Health) for a removal of my gall bladder on Friday July 7th 2023. I went home the same day. But I didn't feel well on Saturday. Then started to vomit on Sunday. Doctor told me to go to ER which I did and I was admitted back into hospital. Surgeon couldn't determine the problem and I was transferred to Live Implant Group at North Shore Hospital in Manhasset. They determined that a bile duct was cut in the initial removal of the gad bladder and I was developing jaundice. I had major surgery to insert a stint into the duct and spent a total of two weeks in the hospital. And about 2 months recovery at home.
1 ANSWER
Automobile Accidents Attorney serving New York, NY
Partner at
Kramer, Dunleavy & Ratchik, PLLC
4 Awards
Mr. Clark, sorry to hear what happened to you. In a medical malpractice case, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Although cutting the bile duct may be a foreseeable risk of having one's gallbladder removed, not recognizing the cut during the initial surgery may very well constitute a departure from the standard of care. That said and without minimizing what you went through, a two week hospitalization followed by a 2 month recovery at home might not justify the time and expense of a malpractice lawsuit. If you haven't already, get copies of your medical records and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and AVVO.
Hope this helps,
Jonathan R. Ratchik, Esq.
Kramer, Dunleavy & Ratchik, PLLC
www.kdrpilawyers.com
Answered on Feb 10th, 2025 at 8:34 AM