Legal Question in Medical Malpractice in New York
I had a joint replacement in my foot a year ago...ever since that I have had so much pain that I could hardly walk...the dr said everything looks good in the xray but was gonna do another surgery to try something different since I was in severe pain...I went to another foot dr for a second opinion and his xrays showed that there was no gap between the replacement and the bone and that on one side of the replacement it was worn down due to the bone not being filed down enough....he decided to help me and remove the joint replacement, fuse the bone together and put a metal plate in and 5 screws...I have been in a wheelchair for 2 months and still have 1 more month to go before I can even begin to start walking.....do I have any recourse against the original doctor that did not do the surgery correct and left me in severe pain for a year until I had another doctor correct it?
3 Answers from Attorneys
You may have a medical malpractice case against the first doctor. Under NY law, a doctor would have to certifiy that the first doctor comitted malpractice. I am a former federal and State prosecutor and now handle personal injury cases, including medical malpractice, so feel free to contact me to discuss your case.
There seems to be medical malpractice in this case but it is hard for me to tell as your facts are limited. In order to prove medical malpractice in New York we would need to find an expert doctor that believes the prior doctor deviated from the standard of care.
Contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York and can even have an attorney come to you for a free consultation upon request. No fee to us unless we win your case.
I look forward to fighting hard for your rights.
You may indeed have a medical malpractice case. However, you need someone who has successfully litigated podiatry cases. I have handled similar cases to yours. Please check out my website at www.kesslerlawyer.com and contact my office at 1800-346-6254. The consultation is free and we can even come to your home, hospital or office.
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