Legal Question in Medical Malpractice in New York

Wife had surgery on left foot. MD perscribed. Pins place in toe. At post op visit whilel removing cast, bone, ball of foot was broken. MD apologizing for error. MD stated he doesn't know if it happened when placing cast on after surgery or at post op visit when removing. When reviewing X-Rays prior to the surgery, break was not there. Now another surgery must take place. Please advise


Asked on 8/06/09, 4:00 pm

2 Answers from Attorneys

I need to hear more facts, but your wife has a potential case. What type of surgery was done? Would further surgery have been needed but for the fracture? Did this take place in a private or public hospital - there could be Notice of Claim issues. Feel free to contact me.

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Answered on 8/11/09, 4:10 pm

Worth exploring. All records,operative reports, x-ray reports must be gathered and reviewed, presumably by an orthopedist. Look for a departure from accepted practice in removing the cast. Speak with an attorney. Best, M. E. Zuller

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Answered on 8/11/09, 10:17 pm


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