Legal Question in Medical Malpractice in New York
Hospital Malpractice
2 1/2 years ago, I gave birth to extremely premature twin sons. after an emergency c-section, I developed a secondary infection in my surgical wound and terrible itching around my IV site. After changing the IV to my other arm, I observed small lesions around area where the IV had been removed. I pointed this out to the nurse so she ordered a topical anti-inflammatory cream to apply to the affected area. My twins were in critical condition in the neonatal intensive care and I was encouraged to visit them and make physical contact even after complaints of severe itching on my arms. As the itching and lesions spread resulting in a culture. The culture came back as chicken pox. I had exposed my twins to chicken pox at 26 weeks. and they were required to receive a very potent and potentially dangerous varicella vaccine. I was covered in lesions and isolated abruptly where I sat for hours on end with no answers, and no compassion. I was confused about this acute onset and it's indications and two years later I still feel traumatized and resentful about the whole situation. Do I have a hospital negligence case?
1 Answer from Attorneys
No.
Without actually reading all of the medical records it would be very difficult to determine whether or not the hospital departed from the minimally acceptable standard of care for your region; however, the question of wether or not this is a case that would pay to pursue is much more easily answerable.
Unfortunately, even if the hospital could easily be proven at fault, the degree of the injury that you suffered is not horrendous enough that a jury in upstate new york would award enough money to pay for all of the doctors that would be needed for such a law suit.
The hospital may very well have been in the wrong and insensitive and even stupid, but that does not make the case one that will win or make financial sense.
In addition the Statute of Limitations in NEw York State for medical Malpractice is 2.5 years, and while there are ways to extend that time, with it already being so late in the game, and with the nature of your damages being as they are, it is almost certain that you will not be able to find an attorney willing to help you with a case in this situation.
If you have any further questions feel free to call or write.
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