Legal Question in Medical Malpractice in New York
medical misfeasance
i found out in february of 2009 that i did not receive the appropriate after care following surgery in 2006. i did not heal properlly as i was not given the appropriate medication; there fore is is necessary for me to have another surgery. Additionally the surgery is also to repair complications. i have ben seen by this physician several times between surgery and now due to the problems that i was having. i have been seen by another physician who reviewed my files and files a complaint on my behalf with the state health department. it is still being investigated. is there anything legal that i can do due to the times that i have and will have lost from work, the additional costs ( now due to the new surgery) and feeling like garbage for so long because of an infection and all the stress involved?
3 Answers from Attorneys
Re: medical misfeasance
Medical malpractice cases have a two and one half statute of limitations. The clock starts running on the last day of continuous treatment by the target doctor/hospital. However, there is a difference between a departure on the part of the doctor producing an injury versus a bad result from indicated treatment. One is a case, the other is not. You will need another doctor to review your chart and tell you whether the treating doctor did anything wrong that caused you to need further surgery. Best, M. E. Zuller
Re: medical misfeasance
In limited circumstances the statute of limitations (the time limit you have to file a lawsuit) is extended in medical malpractice claims. However, that is only in limited circumstances and it is determined by the facts of a particular case. Do not delay and call me, Pasquale Calcagno, Attorney at Law, for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com for useful resources on medical malpractice and medical mistake claims. We have convenient locations all over New York and can have a lawyer come to you for a free consultation upon request. I look forward to fighting hard for your rights.
Re: medical misfeasance
It seems that the Statute of Limitations has run. I am sorry. You had 2 1/2 years from the date of last treatment. It does not matter when you discovered the malpractice it matters that you could have found it out with diligence.
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