New York Medical Malpractice Legal Questions

Unfortunately, the assessments of the people you have contacted are probably correct. Click the articles below to get a sense for why malpractice cases have to involve significant permanent injuries to be pursued. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

It is not clear to me what the ER doctor failed to diagnose, although it sounds like what they thought was a Bakers cyst was actually an insidious infection. If so, it sounds like you have a case that is worth investigating.  Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

Your option is to have a free consultation with qualified dental malpractice lawyer who would then have your records reviewed by a dentist in order to determine whether malpractice occurred and if so, what the extent of your injury is. Jeffrey M. Rich, Esq Handling dental malpractice cases in NY & NJ since 1986.  www.richandrich.com   ... Read Answer

You should contact a local medical malpractice attorney. It sounds like your sister-in-law's claim will be barred by the statute of limitations but sometimes there are exceptions to that defense, and a New York attorney who does malpractice work should be able to tell you whether there's any chance you have a viable claim. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

It is hard to tell you whether you have a viable malpractice case.  Bad outcomes following surgery are not always the result of negligence. You did experience an unexpected outcome and it is unclear exactly why that occurred and so you certainly have reason to question whether you have received appropriate care.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. A a question with respect to your claim is whether it will be financially viable.  You don't know the outcome of your medical condition and so if you called me I would tell you to wait until the dust settled and you have a better understanding of whether you have a permanent problem before investigating a claim. At the same time, you should contact a local medical malpractice attorney to discuss how long you can wait under the statute of limitations. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

I cannot answer your question based on the facts that you provide. Ordinarily, you would not expect an IV left in someone's arm for a period of time to cause a significant injury, and it is hard to imagine how the IV could have been negligently "missed" by the hospital staff, since it is an obvious condition (it is usually attached to a bag on a pole).  Something appears to be lost in the translation here. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

You should contact a local medical malpractice attorney who can provide you with answers to your questions. Medical malpractice cases are taken on a contingency basis and initial consultations are free.  A big question in your case is going to be whether earlier intervention would have changed the outcome. A four month window is not allot of time for an outcome to be different.  Good luck.   ... Read Answer

It would all depend on why you had the foot surgeries to begin with and if the doctor breached the standard of care. Pain and suffering, in most states, is not a cause of action, so you would need to proceed under medical malpractice.  Most state laws make it difficult to pursue a cause of action against a doctor or hospital.  Most attorneys will want to see the medical records relating to this incident prior to determining whether to accept a medical malpractice case.  Thus, I suggest you request the medical records from your doctor's office starting, probably on the first date you ever saw the doctor to present.  This will provide the attorney with information as to why you had the surgery in the first place and for the attorney to see if a breach in the standard of care is apparent.  Also, it is likely that you only have 2.5 years from the date of the first surgery to bring a cause of action.  However, a local attorney can help you determine more accurately. I suggest you request the medical records and start trying to get consultations with local medical malpractice attorneys in your area.  I hope this information helps. 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 information.   ... Read Answer

Typically, in order to establish a breach of the standard of care you must get an expert witnesses to testify that there was a breach in the standard of care.  An expert witnesses is usually  another doctor in the same field of work.  Malpractice cases are very difficult and I would recommend looking into hiring an attorney. An attorney has worked with expert witnesses before and knows the state law requirements of bringing a malpractice suit and how to prove a breach in the standard of care.  Start calling local attorneys in your area who handle medical malpractice/negligence suits and ask for a consultation -- most are free.  Prior to that, if possible, gather all your medical records from both the hospital and the specialist and any other health care providers related to this. The attorney will want to look at your records. A lot of malpractice cases depend on what the records indicate.  These cases are very complicated, difficult to prove and time consuming which is why I recommend you try and get a consultation with an attorney who can review your records and give  you more information based on your specific situation.  I hope this information helps. 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 information.  ... Read Answer

I think that the easiest answer to your question is to ask your lawyer.   If they "filed a lawsuit" then it most likely means that it has been filed with the Court.  If they "started a lawsuit" it could mean that they are working on the complaint and papers in order to file it with the Court or it could mean that they did file the lawsuit in Court.  I'm sorry I am not able to give you a better answer but there is not enough information for me to answer your question.  You should ask your lawyer and/or your lawyer's staff if the lawsuit was actually filed in Court.  You can ask for a copy of the Complaint if you like which is what is filed to initiate the lawsuit.  Your attorney should provide you with this upon your request.   NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information. ... Read Answer

You should be represented by a single attorney. If there are viable malpractice claims against health care providers in two states, or your mother was a resident of New Jersey, your attorney can deal with that problem by filing suit in Federal Court. Nevertheless, if it can be demonstrated that either hospital had substantial contacts with the other state, it might be possible to file suit against both of the facilities in one state court system. Your first priority should be to find a reputable medical malpractice attorney. He will work out the jurisdictional issues after reviewing the facts of your case. At face value, it is not clear to me why you think you have a cause of action against the hospital in New Jersey. Did the providers do anything to contribute or exacerbate the mistake of the initial surgeon? If not, why should they be a defendant in the case? Good luck. ... Read Answer

I do not think you have a financially viable medical malpractice case, but you should certainly do something. I suggest that you go online, find out the telephone number of the hospital's patient advocate, and set up a meeting with that individual with the goal of filing a complaint regarding the physician's behavior with the head of the ER department. Good luck. ... Read Answer

I am sorry to hear about these problems.  You will need to consult a local (in state) plaintiff's attorney who handles medical malpractice cases.  Look online and in phone books and start calling attorney's offices which state they handle these claims.  The attorney will likely want all of  your medical records relating to this, including the bills.  Furthermore, any information you have on the eye condition and the compazine will prove helpful. A malpractice attorney will likely want this information when you come in for a consultation so be sure to start gathering it now.  I think that it would be worth your while to gather this information and make some appointments with attorneys to discuss your potential case.  Finally, do some research online and see if there is any information on lawsuits related to compazine.  If you can find an attorney who is already handling some suits involving this claim, if would be beneficial to talk with them as they will be very familiar with the drug and any litigation surrounding it.  Good 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 information.  ... Read Answer

I'm sorry but it is not very likely that your friend would have a strong case here against the doctor or another health care provider.  The information concerning how antibiotics can reduce the effectiveness of birth control pills was likely covered in the inserts that came with the prescriptions.  In addition, this information could have been obtained from the pharmacist and many other sources.  In fact, this is commonly known information. Just because your friend did not know this information and just because a doctor or health care provider did not warn your friend, does not constitute medical malpractice.  In order to constitute medical malpractice, there needs to be a breach of the standard of care.  The failure to report this drug interaction (the reduction of the effectiveness of birth control while taking antibiotics) likely does not measure up to that.  However, if you are still interested in discussing this with a lawyer on the phone or in person, you should contact a local medical malpractice or medical negligence attorney.  I am sorry that I do not have better news for your friend but I wish her the best of luck in this endeavor. NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

There was a failure to diagnose an operable condition, but the question is whether the delay in diagnosis harmed your son. Ultimately, it sounds like he would have required the surgery to remove the object anyway, unless you have some evidence to suggest that the metal migrated between the visit to the ER and the visit to the eye doctor. ... Read Answer

A medical malpractice attorney almost always needs to see the medical records prior to determining if they can help you with your case and represent you.  It would depend more on the circumstances regarding whether or not this is legal malpractice.  Eight months does seem like a long time to determine whether they were going to represent you but other factors may come into play.  For example, if the attorney had to request and wait on your medical records (that can often take a month or more).  If you would like to make a complaint against this attorney you can likely file one with your state bar association.  They will then investigate the situation and take further action if needed.  Often you can even file a complaint anonymously.  However, different states have different rules regarding these issues. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

While this is very unfortunate, it is unlikely that you have a successful malpractice case here.  The issue is that medical malpractice cases are extremely had to prove, are very expensive, require expert testimony and can last years and years.  Usually the monetary damages must be extremely high in order to pursue a malpractice claim.  This is because the law makes it very hard to sue doctors and health care providers.  In addition, you would need to get your medical records and bills from this doctor and it sounds like that could be an almost impossible task.  This is very unfortunate but I think your time would be better spent by working on getting yourself healthy and work on establishing a good relationship with a new doctor to help treat you.  If you still feel differently, you should work on getting those medical records and bills and then call a local attorney who specializes in medical malpractice to discuss this potential matter.  I am sorry this has happened to you and wish you the best of luck with this endeavor and your health. NOTE:  This response is general in nature an should not be considered legal advise.  No attorney-client relationship exists or is formed by this information. ... Read Answer

It appears that you may have a legitimate complaint against the hospital and/or the orthopaedic surgeon.  These type of fractures require an open reduction with internal fixation in many circumstances. The failure to perform this type of procedure initially can result in a non-union of the fracture, a more dramatic surgery to rebreak and set the fracture, and permanent pain and disability. The merits of your claim can only be determined by having another orthopaedic surgeon review your medical records and x-rays to see if the standard of care has been breached. I would contact an attorney in your area as soon as possible to investigate this claim on your behalf.  ... Read Answer

Yes, there is a possibility of this occurring- but to determine the cause and if there is malpractice, it is necessary to examine the medical records. It would be helpful to consult with counsel in considering whether you have a case. Gerry Wendrovsky, Esq. Upper West Side Lawyerwww.upperwestsidelawyer.com    ... Read Answer