New York Medical Malpractice Legal Questions

Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm resulting from the departure. Even assuming that leaving surgical tape behind was a departure from the standard of care, you have not suffered any resulting harm as you passed the tape without incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

Sorry to hear what you went through. Putting aside the question of whether the student's treatment fell below the accepted standard of care for another dental student, temporary pain, even excruciating pain, without more, will not justify the time and expense of a dental malpractice lawsuit. Malpractice lawsuits are typically warranted when there's been a serious, permanent injury, not a condition that can be corrected with another procedure. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

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... Read Answer

Need more information to answer. There is a 2 1/2 year statute of limitations to sue for medical malpractice that runs from the date of injury but may be extended to the date of the last follow up treatment of the condition by the md who committed the malpractice. You may be able to sue both doctors if neither caught your cancer until it was too late. Is it inoperable? Were you treated successfully? Need more information about the testing and treatment and your prognosis- if it's not too late to sue.... Read Answer

If two doctors told you that the procedure was incorrectly done, necessitating another surgery, your son very likely has a good medical malpractice case. The question is when to bring it. You haven't said when the first surgery took place, but assuming your son is still under 18, the statute of limitations to sue for medical malpractice is tolled until 10 years after  date of the injury.  A second surgery might repair the problem but there also might be complications that do not emerge until he's older. That being said, the younger that your child is when you start a lawsuit, the less embarrassing it will be to him, and the less disruptive to his life. Give some serious thought to the timing of filing an action- you have time.  ... Read Answer

First of all, keep in mind that the statute of limitations to file a medical malpractice action is 2 1/2 years, so if the surgery was in Sept 2021, the SOL to file a lawsuit expires in March unless you obtained follow-up treatment from the same doctor for the same condition, in which case it is extended for the length of the treatment. Second, the only way to prove medical malpractice is with testimony from a doctor in the same field that 1-but for the actions of the surgeon in question, you wouldn't have your injury, and that 2-your injury is permanent. In order to determine whether you have a viable medical malpractice case for the hammertoe surgery, your records need to be reviewed and opinion obtained from a foot surgeon. For your lack of informed consent claim for the right-side surgery, the same rationale applies, with the added caveat that you must prove that had you been informed of the condition requiring surgery, it would've been reasonable to refuse the surgery. A medical malpractice attorney interested in your case will normally obtain the necessary review, but it sounds as though your second opinion doctor may have already confirmed that you have a case.... Read Answer

Thank you for the question and I am extremely sorry to hear that your son is going through this.  My name is Kyle Newman and I am the senior trial attorney at James Newman, P.C.  I specialize in our medical malpractice cases and have dealt with numerous cases brought on behalf of infants such as your son.  With that being said I would love to help you and the best thing to do is speak directly over the phone to schedule a time for us to meet.  The number at my office is 718-823-3122, however since the office is actually closed today in observance of veterans day feel free to give me a call on my cell phone at 516-658-2610. I hope to speak with you soon and thank you for your interest. - Kyle Newman... Read Answer

Good afternoon - So sorry that you are going through this. Unfortunately, infenctions following surgery is generally considered an unavoidable complication. In order to prove malpractice of negligence, you would need proof that the medical team or staff carelessly exposed you to infection, used a dirty instrument or did something to expose you to the bacteria/virus. This is often impossible.  If you have some information or proof of such carelessness, then the next question would be the extent of damages. Wishing you a speedy recovery! Jack Giordano... Read Answer

You likely have a good case either against the doctor and/or the manufacturer of the clip. I am guessing this was a Filshie clip, manufactured by Cooper Surgical, which has recently had a large number of claims against it for detached clips, which can cause many medical problems, in addition to rendering the tubal ligation ineffective, creating fear of pregnancy and necessitating another surgery.  If the surgeon improperly attaches the clips they can detach, and there is also a question of the product being defective, since the detachment has happened with some frequency. A review of your medical records is needed to determine whether you have a case. Keep in mind that the statute of limitations to start a lawsuit for medical malpractice is 2 1/2 years from the date you discovered the clip was detached and 3 years for a products liability claim against the clip manufacturer, which also runs from the date you discovered the detached clip. ... Read Answer

Cutting the common bile duct is not good medical practice.  Lots of long term problems for patients. We have handled these types of cases before . The cases have  lots  of of possible problems.  If you want to persure this be sure your lawyer has handled this type of case before. Please be careful with limitations on time to sue. The sooner the better. Don't let your time to sue run. joe miklos www.ask4sam.net 516 832 7777... Read Answer

There is no way an attorney can tell you whether your foot was unnecessarily amputated without reviewing your medical records with a surgeon who specializes in diabetes. As you are well aware, the fact that you are diabetic makes any injury or infection to your lower extremeties- even toenail fungus- potentially life-threatening.  That being said, whether or not the amputation of your entire foot was necessary can only be answered by reviewing your entire medical record.  Keep in mind that the statute of limitations for starting a medical malpractice action is two and one half years, and if the hospital is government entity, a notice of claim must be served within 90 days of the amputation.... Read Answer

Get the sonogram films and other test results reviewed by another obstetrician. That is the only way to answer your question. It seems highly unlikely that an obstetrician would abort an otherwise heathy fetus unless the doctor was very sure your son had acrania, which has a 100 percent mortality rate. However, it is understandable that you are haunted by the surgeon's comment that she "wasn't sure" if your son had a skull or not. Another doctor will be sure. If it turns out that your son did not have acrania and you were induced to have an abortion wrongfully, you have an action for medical malpractice against the doctors who advised you to abort, for compensation for your mental anguish. I am sorry for your loss. ... Read Answer

If you received the epidural shot less than 2 1/2 years ago and it can be proven that the infection was caused by the pain management doctor's violation of the standard of care, you might have a case. You must have an expert willing to give an opinion that, within a reasonable degree of medical certainty, "but for" the actions/inaction of the doctor who gave the shots, you would not have contracted viral meningitis. ... Read Answer

You might have a case for medical malpractice, but it seems very unusual that the surgeon admitted that there was nothing wrong with your appendix but removed it anyway. More information is needed about the entire medical situation, which can only be obtained by reviewing the medical records. ... Read Answer

Yes, you can sue, as long as this happened less than 2 1/2 years ago, you have a permanent injury as a result of the failure to diagnose, and you can get a doctor to testify that but for the failure to diagnose the cancer, he/she is reasonably certain you would have had a good outcome.  If, on the other hand, you were diagnosed correctly by another doctor in time to get successful treatment, you have no case. ... Read Answer

You definitely might have a case for medical malpractice. Your medical records need to be reviewed by another anesthesiologist and probably a neurologist to determine if a mistake was made and whether that mistake caused your condition. That's the only way to tell if you have a case. Keep in mind the statute of limitations to file an action for medical malpractice is 2 1/2 years from the date of the injury. ... Read Answer

You don't need that particular surgeon to do so, but in order to file an action for medical malpractice, a certificate of merit must be submitted together with the summons and complaint. This certificate states that you consulted with a medical professional who was able to tell you with a reasonable degree of medical certainty, after review of your records, that but for the action/inaction of the doctor in question, you would not have sustained the injury at issue. Keep in mind that the statute of limitations to file an action for medical malpractice is 2 1/2 years from the date of injury. ... Read Answer

Assuming this happened less than 2 1/2 years ago, you might have an action for medical malpractice if you can prove, based on your daughter's medical records from before the first surgery, that the first hernia was the same hernia as the one that was allegedly removed by the first surgeon. You'd need a surgeon's testimony, based on a review of your daughter's records, in order to prove this.  ... Read Answer

In order to determine whether your first doctor committed medical malpractice, your colonoscopy records need to be reviwed by another doctor- and the best place to start is the second doctor.  I am curious what kind of doctor performed the colonoscopies- it's best to have it done by a gastroenterologist, but sometimes general practitioners or general surgeons do the procedure, as well.  A colonoscopy is a diagnostic test and if necessary, surgical procedure. Any polyps that are found can be removed during the procedure. To prove medical malpractice you need to prove that the first doctor made a mistake or omission and in doing so violated the standard of care for his specialty, and that this mistake was the proximate cause of your injuries, which were 2 1/2 days in a hospital, and a second colonoscopy. It sounds like the first doctor botched the polyp removal, causing your bleeding- there wouldn't be an incision- but the second doctor- or any good gastroenterologist- is the best one to explain what might have happened, after reviewing your records.  ... Read Answer

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. ... Read Answer

First of all, you wrote that he told the staff he needed to step outside for fresh air. Nobody sent him out. He should've stayed where he was. The hospital staff was under no obligation to restrain him. They did nothing wrong. Second, it's too late. The statute of limitations for medical malpractice is 2 1/2 years from the time of the malpractice. If you sued on a theory of negligence that's 3 years, but it's still too late. I'm sure you've already heard this from other lawyers. Let it go. It's too late, and the hospital did nothing wrong.... Read Answer

Whether or not there is a medical malpractice case depends on several factors. A medical professional in the same area of expertise as the doctor who committed the malpractice must be able to testify, to a reasonable degree of medical certainty, that the doctor in question violated the standard of care by something they did or failed to do, and but for the mistake, your granddaughter would not have suffered the permanent injury that she currently has.  If a doctor has suggested that mistakes were made that hurt your granddaughter, it may be worthwhile to have her medical records reviewed by a medical malpractice attorney. Keep in mind that the statute of limitations to start a medical malpractice action is 2 1/2 years from the time of the malpractice.... Read Answer

It is impossible to tell if you have a medical malpractice case on behalf of your baby based on the above, but the fact that your specialist said you should have been seeing him during your pregnancy is a big red flag that you might. The only way to tell is to have your pre-natal medical records and your baby's medical records thoroughly reviewed by an experienced medical malpractice attorney. A malpractice case requires not only that a doctor/doctors made mistakes that violated the standard of care, but also proof to a reasonable degree of medical certainty that your baby would not have had the medical problems she now has if the doctors had sent you to a specialist.  Also very important to keep in mind is the statute of limitations to start a medical malpractice action, which is 2 1/2 years from the time the mistake was made. It is unclear in this situation whether that means the first time your doctor observed the spot on the baby's bladder or later, but to be on the safe side it should be calculated from the time the spot was first observed by your doctors. That can be determined by reviewing the medical records.... Read Answer