Legal Question in Medical Malpractice in New York
medical mal
I have a weird one.My question is-about 8 years ago when i was sixteen I had been in a hospital and received various anti-depressant medications.For a while now since,I visited my internist and it was noticeable that my sex organs did not grow
much.We believe this has a lot to do with taking those medications when I was sixteen when I obviously had no idea what was going on.Although I have no actual proof that this is what affected,we're almost sure.Do I have a case against this hospital?
1 Answer from Attorneys
Re: medical mal
There is a strict statute of limitations for medical malpractice claims. It is 2 and a half years in New York and would have started running on your 18th birthday. Thus, it would appear any valid claim you may have had is no longer timely. But even if it were still timely, there were considerable hurdles that had to be overcome in order for you to prevail.
First, are there known side effects of the drugs you took, documented in the PDR (your doctor will know what this is), published medical studies, etc.? Will a doctor say your current situation was "likely" or "more probably than not" directly linked to the medications? This would be your burden of proof. There is also a risk/benefit issue, i.e. whether the known benefits of taking the drugs outweighed the possible negative side effects, and was this a judgment call on the part of the doctors? Many issues here, but as said earlier, probably too late. Thank you. VTY, M.E. Zuller