Legal Question in Medical Malpractice in New York

I had my bladder cut during hysterectomy sugery. Do I have a lawsuite against the doctor who did my sugery?


Asked on 8/12/09, 12:37 pm

2 Answers from Attorneys

Tried a similar case last year. Short answer is "perhaps". Depends on whether, in your particular case, a bladder cut was an accepted risk of the procedure. That is, were there already extensive fibroids, adhesions from previous surgery, scar tissue, etc., etc., that could make the hysterectomy surgery tricky. Also, was the possibility of a bladder cut discussed between you and the doctor prior to surgery? Were other internal organ injuries discussed as possibilities, such as a cut in the small or large intestines? Various things to discuss and explore here, before anyone could decide whether a claim would likely be successful. First documents to get hold of are the operative reports. Best, M. E. Zuller

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Answered on 8/17/09, 4:01 pm
Pasquale Calcagno Calcagno & Associates, PLLC

I am very sorry for your terrible ordeal. The key factor to consider in such a medical malpractice claim is to determine whether it is an acceptable risk of the surgery. My experience has been in these types of medical malpractice cases is that it is not an acceptable risk of the surgery. Meaning, you probably have a case. The only way for me to determine that is for me to review your medical records, particularly the operative reports and pre-op records and consult with my medical experts. Medical malpractice claims are complex and costly to bring to trial. Rest assured that I will use the fully monetary strength of this law firm to fight hard for your rights if it is a case we decide to take on. The difference between us and everyone else is we care about all aspects of our clients case and how it impacts their lives on every level. Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web for helpful resources on medical malpractice and medical mistakes at www.1800wefight.com. We have convenient locations all over New York and would be happy to come to you for a free consultation if you are unable to get around due to your injuries. We look forward to speaking with you and fighting hard for your rights. For aggressive, caring representation call us today, do not delay.

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Answered on 8/17/09, 9:28 pm


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