Legal Question in Medical Malpractice in New York

Broken arm

Hello, my mother fell in our house and

broke her arm. She had surgey on her

arm. The doctor put a metal plate in

her arm. My mother's arm is not

broken any more but its stuck in one

positon and she can't use it. She goes

to thearpy 3 times a week but is

making no progress her. Arm is not

getting better. One of the theripist

said that we need a lawer because its

the doctors fought for puting a metal

plate in her arm but we dont know if

we have a case. So do u think we have

a case. O yea my mother broke her

arm back in april 2008


Asked on 1/16/09, 2:55 am

4 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

Re: Broken arm

Well it sounds like you need a good lawyer plus a new doctor. Your mom maybe helped with additional surg. I handle cases just like this and can refer your mom to a specialist. Please call me at 212\847\9595

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Answered on 1/16/09, 6:25 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Broken arm

I would need more information to determine if your mom has a case such as her medical records. As far as when the malpractice occured, NY has a 2 and a half year period to commence a med mal lawsuit. However, if the malpractice occured at a state or federal facility she would have less time.

If you would like to talk more about this case, please contact my office.

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Answered on 1/16/09, 7:30 am

Re: Broken arm

Sounds like it's time to have your mom seen by another orthopedic surgeon for a new set of X-rays and a second opinion. The new doctor will be able to take a fresh look at the work done and tell whether it was appropriate. Depending on the answer, you'll know whether there's a case to pursue. Best, M. E. Zuller

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Answered on 1/17/09, 3:59 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Broken arm

I am very sorry for you and your mother's terrible ordeal. I am unable to determine whether your mom has a case without more details. If she fell as a result of something you did, for example, the lighting was poor or there was no banister or there was debris about then yes there is possibly a case. However, premises liability cases are very fact specific. As such, please contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. I look forward to helping your mother. You can also visit us on the web at www.1800wefight.com.

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Answered on 1/16/09, 3:50 pm


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