Guilderland Center, NY Personal Injury Law Firms & Lawyers

It depends on what caused you to fall. Have a personal injury attorney experienced in premises liability cases review the matter with you in detail, then make a decision.

By all means, get a professional opinion. Looking something up on the 'net and having a nurse act funny is nothing to go on, regardless of legalities. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of your medical records and have a surgeon review them; if he/she is willing to testify that your previous surgeon(s) failed to conform to accepted practice, then you have a case. But even then, these cases are difficult and expensive to prove and they do not settle out of court. I don't know how shoulder surgery can cause a torn bicep, but that's another reason you need a medical opinion. You absolutely should get advice as to whether this can be repaired, because if it was caused during the surgery, it is still covered by comp, malpractice or no malpractice. Finally, a torn bicep is painful at first, but that fades after a few weeks. While there is a definite reduction in strength, it is not disabiling.

Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. You give almost no information to go on: How severe is the lung damage? 20%? 80%? Are you disabled? What is your age? "excessive medical bills": $10,000? $100,000? You don't even mention whether this is a worker's compensation claim. I could list 50 more questions and even then, to give an answer, I'd need to meet you in person and spend several hours going through your file. Many people use this site to ask what their case is worth. Our answers are always, get in touch with a personal injury lawyer in your area. That is the best way to get the best settlement in your case