Legal Question in Medical Malpractice in New York

My mom broke her arm 2 years ago. She never saw a Dr., only a PA. In the 2 years since breaking her arm and complaining that something was not right, she never once has seen the the actual doctor, she always sees the assistant. She has repeatedly asked to see the Doctor - but the assistant will leave the room and "consult" with the doctor, but the doctor never comes in the room. Her arm is still not right, and upon last x-ray it shows that it is not healing correctly. They never put a cast on her arm, but left it to heal on it's own. Her arm is still not healing and she is in a tremendous amount of pain with this. Is this a malpractice case?


Asked on 7/13/11, 11:09 am

2 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,

Why is your mother consulting the same doctor? Why not obtain a second opinion? Discuss her matter with another physician; obtain the specifics; ask what could have been done differently; her diagnosis and prognosis and further course of treatment. Call my office if you require further assistance.

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Answered on 7/13/11, 12:08 pm
Stuart DiMartini Law Offices of Stuart DiMartini

It is possible that there was a departure from accepted medical practice. In New York, the statute of limitations for medical malpractice is generally 2 1/2 from the date of insult. It is critical to speak to a personal injury lawyer as soon as possible.

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Answered on 7/13/11, 5:57 pm


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