Legal Question in Medical Malpractice in New York

My husband had a hip replacement back in 2005. He has MS and his balance was a little off. He fell 15x and the hip dislocated. I had to call an ambulance and they took him to the hospital and took xrays 15x and never said that there was something that was not put in correctly. He had the operation at the same hospital where he had gone to the er room. We moved to florida and he fell down here and was taken to a hospital. The orthopedic doctor in florida showed us the xray of his hip that he took and said that (pointing to the area) something was not positioned where it should be. I asked him if that happened because he fell 15x and he said no, it was put in that way. Now, I am concerned that the doctors in NY did not say anything, because the doctor who did the original replacement was affiliated with the same hospital. We have gone through alot of money paying off doctor and hospital bills in that time. It also caused alot of stress on our part. Since this second hip correction operation in florida, he has been fine. Do we have any kind of case with the doctor and hospital in NY? I know there is a time frame but, we just found this out.


Asked on 3/07/14, 5:32 am

1 Answer from Attorneys

Some complex issues here. Ordinarily, a 2 and one half years statute of limitations governs medical malpractice cases. The 2 and 1/2 years starts to run on the last day of continuous treatment. However, if a foreign object mistakenly left inside a body during surgery is discovered after the passage of two 2 and 1/2 years, a one-year statute, starting from the date of discovery, applies. This special rule has been used in cases where gauze pads and other items were inadvertenly left in a body cavity, and discovered years after the surgery.

Not sure whether the "something" you refer to would be considered a "foreign body" or a piece of hardware necessary to the procedure. If you are truly interested in pursuing the claim, the first step is to gather ALL the medical and hospital records. They will have to be reviewed by an orthopedic surgeon, on the lookout for evidence of malpractice. The orthopedist will charge for his time to review the materials, and render an opinion, positive or negative. Unless you can find an attorney to advance the doctor's fees, be prepared to spend a few thousand dollars to find out if there's a case worth pursuing. VTY, M. E. Zuller

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Answered on 3/07/14, 10:39 am


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