Legal Question in Medical Malpractice in New York

malpractice

In 2008 I was diagnosed with multiple myeloma after 5 or 6 months of being told it was related to being over weight and I was to young to have cancer by my prime care physician and a rheumatologist ---Do I have a law suit and how long do I have before I am unable to sue for malpractice?


Asked on 5/19/09, 2:05 am

3 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: malpractice

I am very sorry for your terrible ordeal. You have 2 1/2 years in NY to file a malpractice lawsuit. Medical malpractice cases are complex and costly to file. You need a law firm that is willing to fight hard for your rights and spare no expense in prosecuting your case. Sometimes you have other deadlines that are much shorter if the hospital is a city owned hospital or agency. Call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation. You can visit us on the web at www.1800wefight.com for helpful information on medical malpractice claims. I look forward to helping you in your time of need.

Read more
Answered on 5/20/09, 8:21 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: malpractice

You may have a suit. It all depends whether the standard of care called for your physician to rule out that disease. It also depends on whether your disease was a slow growing or fast growing disease. In NY you have 2.5 years to bring a malpractice action. If you are a minor you have longer.

I would contact a malpractice attorney as soon as possible.

Read more
Answered on 5/19/09, 5:07 am
Andrew Barovick Andrew J. Barovick, P.C.

Re: malpractice

If the treatment took place in New York State, you have 2 and 1/2 years from the date of the malpractice, though there are some exceptions. Whether you have a suit or not depends on what complaints you raised, what if anything was done in response, and whether earlier diagnosis would have made a difference in your ultimate outcome, among other factors. You would need to obtain your medical records and consult with an attorney to fully address your issue.

Read more
Answered on 5/19/09, 10:33 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York