New York Medical Malpractice Legal Questions

who told you that your liver was lacerated and wah ttype of repair did that require? Remember that with the exception of a municipal hospital to which other conditions precedent apply, you have 2 and one half years from the last date of treatment by that physician for that condition in order to file a law suit.  Whe nwas the suregery performed? Which hospital is involve?... Read Answer

in order to answer your inquiry we will need a slightly more detailed set of facts. The primary concern at this point is this statute of limitations. Generally speaking it's 2 1/2 years from the act that you are complaining of. Howeve rit looks like continuous treatment is applicable. So in order to assess the case we need to know what happened between June 2010 and the middle of 2012. Our office has a lot of experience with hernia repairs and it sounds like cutting your liver and closing you up while bleeding could be a case of medical malpractice. We have a board-certified surgeon with 30 years of experience and who is a lawyer on our staff. We also have an RN nurse attorney and another attorney who is a pharmacist. there are examples of cases similar to yours on our website that we have handled which may answer some of your questions. joe miklos Silberstein Awad & Miklos 600 Old Country Rd. Garden City New York 11530 516 832 – 7777 web site      www.ask4sam.net email ...    JMiklos@ask4sam.net    ... Read Answer

Dear Ms. Evans,  Thank you for posting your question.  I hope you have seen a doctor about the IV that was put in your arm.  They probably told you about using ice, elevating the arm and pressure, but the most important thing is to follow the instructions of your medical team. As to whether you have case, that is a different matter - my best answer is maybe.  I can't know more without speaking to you because the reason there can be a problem after an insertion of an IV has to do with the patient's condition and what that does to the patient's blood vessels - for example, does the medical condition make the blood vessels weak so that when punctured by the IV needle the blood vessel comes apart? If you wish to know if we can help you, please feel free to call and ask for me, Marc Chase at 718-858-3100.  You can also ask for Dr. Nair.  I hope you feel better soon.  Marc Chase ... Read Answer

Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. If the problem goes away entirely, or it is not significantly impacting your health, then you probably do not have an economically viable claim.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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 and should expect when pursuing a medical malpractice case. Click here and here for more information about me. 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 am sorry to hear about this.  It is possible that the hospital and/or doctor may be liable for your injures.  The key here is whether the doctor/hospital's conduct fell below (or breached) the standard  of care.   In order to prove that, most states require that you hire an expert witness (usually another doctor) who will testify about the specific incident and whether or not the doctor/hospital's conduct was below the standard of care.  Most states require that you have an expert witness willing to testify to such before you can even file a lawsuit.  If you believe that the doctor's conduct was below the standard of care, you should probably start calling local attorneys in your area who practice medical malpractice cases.  It might be helpful if you go ahead and request the medical records from the surgery and bring those with you to any consultations.  Most consultations are free.  A local attorney will be more familiar with NY's state specific laws on medical malpractice cases. 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 response. ... Read Answer

You very well may have a case. A qualified medical malpractice attorney will be able to help you. You should call an experienced medical malpractice attorney without delay. Jeffrey M. Rich, Esq. Rich & Rich, PC Experienced Medical Malpractice Attorneys representing victims of malpractice in NY since 1990. www.richandrich.com (212) 406-0440... Read Answer

You may have a malpractice case worth investigating, but the fact that multiple doctors failed to diagnose the condition argues against this. Also, there will be a statute of limitations issue. You may be able to overcome that problem if you can demonstrate that a reasonable person in your circumstances would not have realized that they were the victim of negligent care, but that is a fact sensitive inquiry and to answer the question is will have to look at all of your medical records very carefully. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

Nerve damage following hip surgery may be the result of medical malpractice, but it is very hard to win these cases because nerve damage can occur in the absence of negligence in this procedures.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

Often the instutution will have what's called a "hardship application" for such circumstances.  If you contact the hospital speak with the billind department, that's a good place to start.  You will need to show your income and that will be used to prove the hardship.   Charles Rock... Read Answer

Natasha, First of all let me tell you how sorry I am to hear about your ordeal and I wish you and your family the strength during this difficult time. Believe it or not I have had this question come up before and I hope the following answer gives you some assistance. First of all, one thing that you need to understand is that since your child was not born yet, you are not able to bring what's called a wrongful death lawsuit on behalf of your child due to the fact that your unborn child was still a fetus when the malpractice occurred.   Therefore, the question becomes whether YOU as the expectant mother are entitled to bring a lawsuit against the doctors/hospital whose malpractice you believe caused the death of your unborn child.  If the decrease in insulin was a departure from the standard of care causing you to have seizures and the death of your baby then you may have a valid claim for the emotional injuries you have sustained resulting from the death of your child.    In addition, if as a result of the malpractice you sustained a physical injury, such as the seizures or any complications you yourself have had as a result of the loss of your child, those physical injuries can also be part of the damages you seek compensation for in your lawsuit.   If you would like to speak about your case you can reach me directly at my office at 718-823-3122 or check out my firm's website at www.jamesnewmanlaw.com James Newman... Read Answer

Serious and severe permanent injuries can occur from delayed delivery of a baby.  That being said, "having difficulties" and being "sick" are similar to many ordinary events that happen without any long term consequence.  To answer your question more information is needed.  I'd be available to discuss this with you at 1 888-603-3641.  ... Read Answer

Dear Lauren, Thank you for posting your question. It appears you may indeed have a viable case.  I realize this is a dubious honor but on the face of it, it sounds like medical negligence.    I have handled many cases involving the wrong drug being given - it could be from an incorrect prescription in the first place (the wrong drug selected by the prescribing doctor) or the pharmacy filling the prescription with a similarly named but different medication, or it could be filling the prescription with the correct drug but the wrong dosage. The fact that you may now need to be on medication for the rest of your life is very unfortunate but I thank you for including that piece of information since many times, there is not permanent harm to a person who gets the wrong drug.  How unfortunate for you that in your case, it appears this is not the case.  Even with an apparent case, there are some aspects that need to be clarified.  On reason this is important is to make sure we do not have any time limit problems. If you would like to do so, I invite you to call me at 718-858-3100 and ask for me, Marc Chase.  You may also want to look at my firm which is WCMPLaw.com. Thank you again for posting your question and I hope you give me the opportunity to be of assistance to you. Marc Chase  ... Read Answer

I don't minimize what you went through, but I think you are going to have a hard time convincing an attorney to take the case because as horrible as it was to have to go through this experience twice for no good reason, the limited nature of the harm probably means the case is not financially viable. You may want to complain to the board of medical examiners in your state. They will at least inquire about how this happened, and that might make the doctor more mindful of this in the future.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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

Assuming you had cyts but that they were benign, the real question is whether they negligently failed to diagnose an ectpic pregnancy.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

There are reports that suggest that some birth controls cause strokes. Click herefor one. There are a few class action lawsuits being filed against the manufacturers of some types of birth control pills, so this suggests that you may have a products liability case worth investigating. Do a Google search with the name of the pill you took and the words "class action lawsuit." If you determine that people are actively litigating these cases, then you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. 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

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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 sounds like you have a dislocated intraocular lens. If it cannot be repaired, then you should contact an attorney to investigate a possible medical malpractice case. Parenthetically, you might also try consulting another eye surgeon for a third opinion, because this is often a correctable condition.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

Anaphylaxis is an allergic reaction and can be caused by a variety of different things. You do not indicate what caused your reaction. Following surgery neuromuscular blocking agents, latex and antibiotics are the most likely causes. If you did not know that you were allergic to these things prior to surgery, I think you are going to have a difficult time proving that someone did something wrong. Additionally, presuming you recovered due to the prompt treatment, you likely do not have a financially viable case.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

Ativan is prescribed to deal with issues of muscle spasm. If the Ativan has also caused permanent anxiety, you may have a case for failure to give informed consent if there were other prescriptions that would have dealt with your symptoms and not caused these side effects. I think the challenges in the case will be proving causation and the issue of whether the case is financially viable.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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

False positives are not always the result of negligence. Additionally, even if the diagnostic test was mistakenly interpreted as showing blood clots and this was negligence, there will be a question about whether the case is financially viable. A week long admission into the hospital is probably not sufficient damages to get a lawyer to take the case.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. 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. Click here and here for more information about me. 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