Legal Question in Medical Malpractice in New York

Do I have a case

This is my situation, do I have a case and who would be best to represent me if so: I was diagnosed with Achalasia and was told I was to under go a Esophagomyotomy, to allow myself to eat again. Before this operation I had problems swallowing liquids and solids and had horrible chest pains. I was told this was a once in a lifetime surgery. 2 years later I am still having some problems with swallowing and chest pains. I was told the reason was most likely due to the operator not cutting the muscle in the sphincter enough. There new way to deal with the problem is to go for a botox injection in the sphincter every 6-12 months for the rest of my life.


Asked on 10/22/06, 6:02 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

Re: Do I have a case

In order to even file a medical malpractice suit, you will need a physician's affidavit stating your case has merit.

You need to contact a lawyer and have them request all of your medical records and then present those records to another doctor. If the doctor can swear that the doctors who performed the surgery deviated from reasonably acceptable standards in the medical community where the surgery was done, then you may very well have a case.

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Answered on 10/23/06, 12:25 am


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