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New York Medical Malpractice Recent Legal Answers from Lawyers

New York Medical Malpractice Recent Legal Answers from Lawyers

Do we have a solid case?

Answered a month ago by attorney Kyle Newman   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More
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 More
Good afternoon - So sorry that you are going through this. Unfortunately, infenctions following surgery is generally considered an unavoidable... Read More
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 More
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... Read More

had gallbladder removed

Answered 8 months ago by attorney Joseph Miklos   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
Cutting the common bile duct is not good medical practice.  Lots of long term problems for patients. We have handled these types of cases... Read More
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 More
There is no way an attorney can tell you whether your foot was unnecessarily amputated without reviewing your medical records with a surgeon who... Read More

Is this malpractice?

Answered a year ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
Get the sonogram films and other test results reviewed by another obstetrician. That is the only way to answer your question. It seems highly... Read More
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 More
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... Read More

Do i have a law suit for misdiagonis?

Answered a year and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

Can I sue an emergency room doctor for misdiagnosing my medical condition?

Answered a year and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

November 2016 i had an epidural while in labor, do i have a case?

Answered a year and a month ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
You definitely might have a case for medical malpractice. Your medical records need to be reviewed by another anesthesiologist and probably a... Read More
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 More
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... Read More

Daughter had unnecessary hernia surgery

Answered a year and 3 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

Medical malpractice?

Answered a year and 3 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
In order to determine whether your first doctor committed medical malpractice, your colonoscopy records need to be reviwed by another doctor- and the... Read More

i obtained an upper arm injury during a CAT SCAN with dye injection

Answered a year and 3 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More
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 More
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... Read More

I need a lawyer for my mother's death

Answered a year and 4 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
Very sorry for the loss of your mother. What happened, how, and when? There's no way to tell if you have a malpractice case, usually, unless the records are reviewed- but some things are clearly malpractice by definition. Please provide information. 
Very sorry for the loss of your mother. What happened, how, and when? There's no way to tell if you have a malpractice case, usually, unless the... Read More

misdiagnosis

Answered a year and 4 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More
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 More
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... Read More

Blockage in Colon

Answered a year and 4 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
The statute of limitations for a medical malpractice action is 2 1/2 years from the time of the mistake, so if you have a case, you have to move fast- you only have 5 months left to start a lawsuit. Much more information is needed: your original medical condition, whether the surgeon made a mistake and if so what, exactly, to what extent your activities/ life has been impacted by this problem, etc., but this does appear to be a good case. ... Read More
The statute of limitations for a medical malpractice action is 2 1/2 years from the time of the mistake, so if you have a case, you have to move... Read More

Become blind from one eye after heart surgery

Answered a year and 4 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
If this happened less than 2 1/2 years ago, you may have a case depending on what happened, exactly. Your medical records need to be reviewed and you must prove that you lost the vision in your eye because of something the doctors did or failed to do, and that had they proceeded differently, your sight could have been saved. This could be a good case. Spontaneous blindness can happen because the doctors ignored symptoms that were unconnected to your heart problem. For example, scalp pain, jaw pain, difficulty eating, double vision are all signs of giant cell arteritis which if ignored, can lead to blindness. If diagnosed timely, however, cortisone treatment can save the vision. You must have your surgical and medical records reviewed. A doctor other than your surgeon may be the one who failed to diagnose your problem if you consulted with another doctors prior to your surgery for complaints unrelated to your heart surgery.  Only a medical records review can give you the answer.... Read More
If this happened less than 2 1/2 years ago, you may have a case depending on what happened, exactly. Your medical records need to be reviewed and you... Read More

Do I have a medical malpractice lawsuit due to failure of tubal coagulation

Answered a year and 7 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have an action for medical malpractice and "wrongful birth" if in fact you had a tubal ligation and ended up with an ectopic pregnancy. It's not entirely clear from your email as to whether you actually had the tubal ligation. 
You may have an action for medical malpractice and "wrongful birth" if in fact you had a tubal ligation and ended up with an ectopic pregnancy. It's... Read More

I need a lawyer to take over my med malpractice case; are there any that do so?

Answered a year and 7 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
The question is, why do you need another lawyer? Did your current lawyer drop the case or is your lawyer neglecting the case and you're the one who wants a new attorney? Whether or not another lawyer would want your case would greatly depend on the stage of the case. You can switch lawyers any time you like but if you win any money through verdict or settlement your current lawyer will likely be entitled to a share of the legal fees. This will greatly factor into whether an attorney would want to take over the case.... Read More
The question is, why do you need another lawyer? Did your current lawyer drop the case or is your lawyer neglecting the case and you're the one who... Read More

Missed diagnosis?

Answered a year and 7 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
You may have a case, but you need to act fast because the statute of limitations for medical malpractice is 2 1/2 years. The medical records of the family member need to be immediately reviewed, and only that will give the answer to whether there is a viable medical malpractice case. Not only must there have been a mistake, but you must prove but for that mistake, the patient would have not become ill. ... Read More
You may have a case, but you need to act fast because the statute of limitations for medical malpractice is 2 1/2 years. The medical records of the... Read More

Can I sue the plastic surgeon for not properly done surgery?

Answered a year and 7 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly- it all depends on how bad the result was, and the reason. For example, if  you have a bad scar but the reason is because the doctor removed a cancerous tumor- you have no case. If you went for cosmetic surgery and came out looking worse than before, you might have a case depending on the nature of the procedure, what method of surgery the doctor used, and what was the recommended method. The only way to be certain is to review your medical records and before and after photos. ... Read More
Possibly- it all depends on how bad the result was, and the reason. For example, if  you have a bad scar but the reason is because the doctor... Read More
What you described may definitely be medical malpractice, but the only way to tell is to have the medical records reviewed by another surgeon. Not only must you prove that your surgeon made a mistake, but you must prove that "but for" your surgeon's mistake, you would have healed properly. ... Read More
What you described may definitely be medical malpractice, but the only way to tell is to have the medical records reviewed by another surgeon. Not... Read More