Legal Question in Medical Malpractice in New York

A gauze have been left after vaginal delivery for 5 weeks. I complained about discomfort/ pain and requested an immediate checkup with the doctor 2 weeks after the delivery. She did not see the gauze while examining, part of it was visible at that point. The most concerning part is that she missed it at the exam, leave alone forgetting the gauze in the first place. What can I do in this case beyond being upset and dropping the practice? it has been a week since the gauze came out and I do not seem to have an infection or any complications that are visible in the short term.


Asked on 11/11/09, 9:06 pm

1 Answer from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

If there are any complications whatsoever you probably have a medical malpractice case. However, if you are okay, count your blessings as I have seen serious horrors with many of my cases. Generally, you have to prove two allegations in a medical malpractice case: 1) who is at fault and 2) your injuries. In this instance, you may have difficulty with #2. If you have any questions please call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free, confidential consultation. We have convenient locations all over New York and can even have an attorney come to you. You can also visit us on the web at www.1800wefight.com. I look forward to speaking with you.

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Answered on 11/17/09, 2:15 pm


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