QUESTION

If my MD prescribed hormones for menopause when he knew I smoked, can he be liable for damages caused by blood clots that developed as a result of the

Asked on Oct 16th, 2014 on Medical Malpractice - New York
More details to this question:
This happened in 1999 and I discovered yesterday that I now have pulmonary hypertension as a result of blood clots. I 1999 when I took the hormones he prescribed for menopause (I was 40 years of age at the time and I smoked). That year I had a blood clot which resulted in a pulmonary embolism. He continued treating me and I developed two more Pulmonary Embolisms. I insisted on a referral to a hematologist who began treating me successfully. Although I have visited emergency rooms in fear that I had another PE, I have not had one since my last of three hospitalization in 1999. Yesterday, however, after lung pains my MD sent me to the ER to be tested for PE. The results came back negative for PE but showed that I have Pulmonary Hypertension and one of its causes is blood clots. I just discovered this damage, so even though the statute of limitations has expired on the original negligence can I seek damages under the Discovery Rule since I just learned I have a serious condition
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1 ANSWER

Michael Varble
It's unlikely that you will be able to successfully file suit given the lapse of time.
Answered on Oct 17th, 2014 at 9:45 AM

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