Legal Question in Medical Malpractice in New York

medical malpractice

I went for a gynocological laparoscopy for mid cylce pain....day after surgery i noticed my left upper thigh and groin area was numb....i am slowy experiencing excruiating burining pain in the areas that are not numb anymore (still numbness on thigh) went to see the doctor and he said it was probably nerve damage due to positioning improperly on the table (stirrups) right now i am waiting to see if it goes away or gets better and he said if not (while taking Motrin) than i will need physical therapy...Can you sue for something like this?


Asked on 5/14/09, 5:03 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: medical malpractice

If it is permanent maybe. If it is not, definitely not. My suggestion is to see a neurologist if it does not get better soon.

If you still have this numbness 6 months in the future, please call my office.

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Answered on 5/14/09, 5:21 pm
Andrew Barovick Andrew J. Barovick, P.C.

Re: medical malpractice

The short answer is, it depends. First, the surgery during which the nerve damage was allegedly caused has to have occurred within the past 2 and 1/2 years. Second, you need to assess the permanency of your pain. Hopefully, it will respond to physical therapy. But you have to take all reasonable steps to help yourself before starting a suit. Then, if you are still left with debilitating pain, and a physician ties it to your surgery, you may want to consult a medical malpractice attorney. Keep in mind that pain, without more, does not provide you with a lot of ammunition with which to convince a jury of your damages, and therefore many attorneys will not be willing to take such a case. If the pain brings about actual deficits, and prevents you from doing what you're accustomed to doing, you're more likely to have a case. Here's hoping that it never comes to that!

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Answered on 5/14/09, 5:59 pm


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