Legal Question in Medical Malpractice in New York
I was in a car accident and hurt my neck, chest,back and arm. I kept telling everyone that the chest pain was due to the seat belt....Anyway I was put into the CCU Unit and monitoried over night. The doctor came to the conclusion that I did not have a heart attack. (Thank God) He then said, for me to call someone to pick me up as he woukd be disscharging me. I was very upset and said,"are you joking me, you haven't even addresses what I was addmitted for? He replied, go back to the emergency room. A lot of other things happened after I was finally transferred to another floor. INcluding having my IV infultrated and my arm blow up three times its size. I went into the hospital for one thing treated for another and got rewarded with a very painful sore arm and possible permanet nurve damange due to the hospitals errors. Should I call a laywer, do I have a case?
4 Answers from Attorneys
You obviously feel there was medical mistake. You should let an experienced injury lawyer investigate your claim. Best wishes,
Depending on what your injuries were from the car accident, you may not need to bother with a medical malpractice case which are very expensive to bring. Most lawyers wont take a medical malpractice case unless there are very large injuries. However, under NY law, unless the hospital was grossly negligent (as oppossed to just negligent) if the other driver was at fault in the car accident, he would be liable for the subsequent care at the hospital. In order to have a viable motor vehicle accident case in NY, you must show you suffered "serious injury" as that term is defined in the Insurance Law. Be sure you file a no-fault form with the carrier of the car that you were in within 30 days of the accident. I am a former federal and State prosecutor and now handle personal injury and medical malpractice cases. Please feel free to check out my web site and contact me. The above is for informational purposes only and not meant as legal advise.
Sounds like you should request a complete copy of the hospital chart and bring it to a lawyer for review. There may be a claim worth pursuing. Best, M. E. Zuller
You may possibly have a medical malpractice case but a further evaluation of your damages is needed. I suggest that you call a competent attorney and have him review your case. If you would like to discuss this case with me please contact me. You should also check out my website at www.kesslerlawyer.com.
All the Best,
Jason B. Kessler
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