Legal Question in Medical Malpractice in New York

Medical Malpractice

I had breast implant surgery approximately 10 years ago. My two breast looked completely different. I went back to my plastic surgeon several times about this and he kept telling me it was just the way it was and no two breast are the same. After seeing him several times on this and going to a different plastic surgeon. I thought it was something that I was going to have to live with. And as dumb as it sounds my entire life changed because of this, you can tell through my clothes that there is a difference. Well, today I had a mammogram and come to find out that one implant is under the muscle and the other is over the muscle. Now I am wondering if it is to late for me to do anything about this, seeing that I was right from the beginning and I just found out. Thank you very much for your time.


Asked on 11/07/08, 4:36 pm

3 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Medical Malpractice

While generally the statute of limitation on such cases is only 2 1/2 years, in situations where you discover the damage after a lengthy period the statute of limitations can arguably be started at the time ofthe discovery of the damage...

Our office regularly handles cases such as these, please contact us for a free consultation... on such cases there are generally no out of pocket fees to the client...

you may reach us at 877.229.3394 and selecting to speak with our head attorney carlos gonzalez.

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Answered on 11/09/08, 8:20 am

Re: Medical Malpractice

I am afraid the statute of limitations of 2 and a half years has long expired. Were this a situation of a foreign object left inside the body, the case might be viable for a year after it's discovery. But if this is anything, it's a flawed procedure. Wish I could be of more help. Best, M. E. Zuller

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Answered on 11/09/08, 9:24 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Medical Malpractice

You do not have a case. The statute of limitations in NY is 2 1/2 years. Besides, plastic surgery cases are very hard to prove and juries have little or no sympathy for people who undergo these procedures because they assume that they are vain. I'm sorry about what happened.

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Answered on 11/07/08, 4:45 pm


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