Legal Question in Medical Malpractice in New York
What are My Options?
My daughter had ear tubes put in her ears at 18 months (1996). The operation went well and for 3 years the tubes were left in. In 1999 the doctor took out the tubes because they did not fall out on their own. When this was done, it left two holes in both ears. The right ear has a Huge hole inside. She now has a hearing loss of 40%. The new ENT found a cyst growing in the hole in the right ear. This will require surgury to correct. He also told us she could be deaf in that ear. He told us both ears will require years of surgury and repair. I know there is a statute of limitations on damages, but we just found out the damage that was done to both ears. Is the first doctor liable for damages? What is our best option at this point?
2 Answers from Attorneys
Re: What are My Options?
I received your post on 6-16-2001.
It is indeed an unfortunate circumstance for your child. In order to begin a medical malpractice action, a certificate of merit is requires in order to establish, by a doctor, that there MAY be malpractice, not that there is. Thereafter, a suit can be instituted.
Given your child's age, it helps the time factors in this matter
To advise you more, with knowing more facts, would be unproductive.
Please feel free to call me at 212-764-5428 or 845-878-2163 or e-mail me.
Thanks and Good Luck to you and your family.
RRG
Re: What are My Options?
You have many options. While the normal statute of limitations in NY for a medical malpractice action is 2 1/2 years from the last date of treatment, when the case involves an "infant" which in legal terms is an individual under 18 years of age (your daughter), the statute does begin to run until year 18. So your daughter still has a very viable case. If you would like to discuss your daughter's case in greater detail, please contact my firm as we specialize in medical malpractice actions. If you would like to learn about our firm, our website is www.smileylaw.com.
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