Legal Question in Medical Malpractice in New York

good afternoon,

hi my name is James Postorino. In june of 2007 i had sinus surgery. Since said operation have lost my sense of smell. After follow up exams my ent said it would come back within a few weeks to six months. until; this day some almost three years later i have little to no sense of smell. Prior to surgery i had agret sense of smell. Is ther any legal recourse


Asked on 1/27/10, 10:56 am

2 Answers from Attorneys

Stuart DiMartini Law Offices of Stuart DiMartini

The loss of the sense of smell is a rare but known complication of sinus surgery. It can also be a result of surgical malpractice, such as where the surgeon removes an excessive amount of the turbinate mucosal tissue from the nasal cavity. A careful review of the medical records is necessary. I also note that the incident occurred in June 2007. The statute of limitiations to bring a claim for medical malpractice in New York is two and one-half years from the date of the insulte. There are certain limited exceptions that may extend this time, such as where the patient remains under the doctor's continous care and treatment. You can call 1.888.487.6735 to discuss this further.

Best wishes

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Answered on 2/01/10, 11:15 am

As with most medical malpractice claims, the initial inquiry is whether this is a bad result, or the effects of some departure from the standard of practice by the operating physician. A surgeon practicing in the same field would need to review your entire medical chart, likely perform a physical examination, and then render an opinion. The costs associated with determining whether you have a valid claim should be discussed with an attorney. Best, M. E. Zuller

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Answered on 2/01/10, 1:03 pm


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