Legal Question in Medical Malpractice in New York
medical
I had surgery in 2007 on my thumb Which was partially amputated. in 2008 was told by my medical dr. thumb was infected because of suttures not fully removed. As of 05/30/09 had to go back to ER another sutture discoverd. Do i have a case on this matter?
4 Answers from Attorneys
Re: medical
Yes. But what are your damages?
You almost certainly do not have a
Is it malpractice to fail to completely remove sutures? It might be. It also may be an accepted risk of the procedure you underwent. However, in either event, it is highly unlikely that the amount of compensable damages would make filing a "case" worth your while. If as a result of the infection arising from the suture's incomplete removal, you are required to have the thumb, your hand, or your arm amputated, then the chances would be better for your legal action to prove viable.
Re: medical
There's a difference between having a case and having a case worth starting, especially in the area of medical malpractice. Even if it were medical malpractice to leave a suture (and that must be verified with a doctor), what are the damages or injuries which flow? With one ER visit, it does not sound like anything too serious. Therefore, based on your description, it does not seem worthwhile. Best, M. E. Zuller
Re: medical
It seems as though you may have a medical malpractice case but your damages, i.e., your injuries and pain and suffering would pose a problem. It is very expensive to file a medical malpractice claim and many complex factors have to be weighed. The facts you have provided are unclear to me. Contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com for valuable information on medical malpractice claims. We have convenient locations all over New York. I look forward to speaking to you and fighting hard for your rights.