Legal Question in Medical Malpractice in New York
Okay, 2 years ago I received a Surgery for a herina repair. about 1 month after the surgery it became badly infected. I went to the er and had it taken care of., with no help from the original surgeon. About three months (Unable to work this whole time) the incision opened up and began to drain and become quite painful. went back to the surgeon he told me i would need to be opened up again. So about 2 weeks later had another surgery to remove original Stiches and replace them with a different kind. Finally healed but after 3 months it opened again. Now I'm in more pain now than I was before the first surgery. went back to him and he tells me he has to reverse the first surgery and put mesh in. And the bills are adding up. Now I have a open wound and a second large Herina. Next to the original one. And I've been unable to pay the 12,000 dollar bill because I've been unable to work steady in 2 years. I've been in and out of the hospital sense over is. I just want to be fixed. I haven't been the same in 2 years. Can I sue him? I just got a job and only been there for 3 months. Now i have to take time off that i can't afford to. But I'm afraid to go under the knife in his hands again. I can't pay the bills, I'm in debt and out of options.
2 Answers from Attorneys
Typically with these kinds of potential medical malpractice cases, the question is whether improper technique was used initially by the treating surgeon, or whether you had a bad outcome from a procedure done in accordance with accepted practice. It would be necessary to have your entire chart reviewed by a general surgeon for the answer. Best, M. E. Zuller
It sounds as though both the original doctor and the second doctor breached their duty of care by failing to insert mesh, which is standard and accepted practice in hernia repair procedures, but I would need to speak with you to learn more.
You may contact my office if you wish to discuss your options. Also, be advised that there is a two and a half year statute of limitations on medical malpractice cases in New York so you may need to act quickly to preserve your legal rights.
Good luck!
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