QUESTION
i obtained an upper arm injury during a CAT SCAN with dye injection
Asked on Sep 15th, 2017 on Medical Malpractice - New York
More details to this question:
the dye went into my muscle/deep tissue area instead of the vein. it's been 2 months and after some testing to try to figure out how to help me, I still have been in severe pain and about 50 per cent loss of use in my upper arm. I will be trying some therapy soon to see if that might help. if this is a permanent situation, I feel I need to pursue the matter further.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Get into therapy immediately and make sure you keep your appointments. If your doctor feels you need treatment for 90 of the first 180 days after the injury and you get the treatment for 90 days, that is strong evidence of a serious injury under the law. A "serious injury" is defined under the insurance law as the inability to perform substantially all of the material acts constituting your usual and customary daily activites- whether or not you eventually recover. Something seems to have gone seriously wrong here, and you should pursue this. It's not clear whether this is medical malpractice or negligence, but the latter has a three year statute of limitations and the former has a 2 1/2 year statute of limitations to start a lawsuit.
Answered on Sep 18th, 2017 at 12:18 PM