Legal Question in Medical Malpractice in New York

Re: nicked uretor during laproscopic hysterectomy

The issue in a case like this is always whether the injury was an accepted risk of the procedure. Under New York law, a physician has to certify that the prior doctor committed malpractice before a lawsuit can be started. Have you seen a new doctor? Do you have your medical records?

The statute of limitations for medical malpractice is 2 and 1/2 years from the date of the malpractice. Its much shorter if a pubic hospital was involved and there is also a notice of claim requirement that must be met within 90 days.

The above is for informational purposes only and not meant as legal advise as there is no attorney-client privilege.

Re: nicked uretor during laproscopic hysterectomy

In order to prove a malpractice case a plaintiff must prove that 1)something was done incorrectly/negligently and 2) the procedure or treatment that was performed negligently or incorrectly caused damages. To do that a medical expert must review the records to determine whether there were departures from accepted medical practices.

When surgery such as you had is performed the consent forms generally say that there may be damage to surrounding organs or tissues and that it is a risk of the procedure. However failing to recognize that there was damage during the surgery may possibly be malpractice.

In order to determine that the attorney and expert need to review all of the relevant medical records to determine the size of the nick to your ureter, whether the damage could have been seen at the time of surgery or soon after and whether your corrective treatment was complicated by the delay in recognizing the damage.

In New York the statute of limitations for private doctors and hospitals is generally 2 years and 6 months, however if you are dealing with a municipal hospital or employee you have only 90 days to file a notice of claim and 1 year and 90 days to begin a lawsuit. Given the length of time it can take to obtain medical records and expert review, it is advisable to consult with an attorney immediately if you wish to investigate your medical care.

Re: nicked uretor during laproscopic hysterectomy

You may have a case of malpractice, however in order to make a proper determination your medical records must be obtained and reviewed by a physician in that field. Our firm handles medical malpractice cases and I would be happy to speak with you further regarding this matter and discuss your options with you. Please feel free to contact me at your earliest convenience.

Re: nicked uretor during laproscopic hysterectomy

First, I am very sorry for your horrible ordeal. No one deserves what you have gone and are going through.

It appears as though you may have a medical malpractice case. A thorough review of your medical records needs to be conducted for us to make that determination and we need to have a medical expert be of the opinion that the malpractice has occurred. The statute of limitations in New York for medical malpractice cases is typically 2 1/2 years. If the hospital is city run a notice of claim must be filed within 90 days of the date of the malpractice. As such time may be of the essence. Do not delay.

I would be happy to speak to you about your potential case. Kindly call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com for helpful info on medical malpractice. I look forward to helping you and, again, am very sorry for your terrible ordeal. We have convenient locations in all five boroughs and would be happy to send an attorney to your home to speak to you for free in private.