Legal Question in Medical Malpractice in New York

hysterectomy/bladder injury

In a nutshell--I would like to know if my time has run out for my case. back on 12/12/01 I had a hysterectomy which resulted in a bladder injury (repaired by a second surgery that same day) No one is sure wether the doctor did it or if the catheter was too large and pushed through (hospital did not have shorter ones available (this also caused problems later on during recovery) but I did find out later on that the doctor was known for errors in the operating room. Those two surgeries led to scar tissue build up which led to another surgery about 1 year later by a new doctor. I suffered horribly for almost a year not being able to eat for a few months before anyone could find the problem. The scar tissue had twisted my intestines so badly I could no longer process food. When I went back to the hospital to request the records from my hysterectomy/bladder repair surgery it was recorded in the hospital records as ''accidental puncture or laceration during procedure'' Every doctor I've talked to since cannot believe the suffering I've gone through--and yet the lawyer I contacted back then didn't think it was a case he could win. I am fully healed now but still would like to pursue this if possible. Am I out of time?

Thank you.


Asked on 4/02/08, 10:25 pm

2 Answers from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: hysterectomy/bladder injury

Whether you have run out of time depends. How old were you at the time of the procedure. Also, permanency of injury is another hurdle you will have. Medical malpractice cases are very complex and costly to litigate. Call me for a free consultation so I can get the relevant info and give you the correct answer. My name is Pasquale Calcagno, Esq. of Calcagno & Associates and I can be reached toll free at 1(800)WE-FIGHT.

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Answered on 4/03/08, 10:58 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: hysterectomy/bladder injury

Unfortunately, you are out of time. The SOL in NY for medical malpractice is 2 1/2 years. Moreover, the lawyer who told you that it was not a case is right, punctured bladders are known incidents of hysterectomies.

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Answered on 4/02/08, 11:18 pm


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