Legal Question in Medical Malpractice in New York

Re: product liability or medical malpractice?

The success of a medical malpractice case turns on the hospital/medical charts. Often, medical decisions by caregivers involve professional judgment. If the alternative medications produce dangerous side effects and are not as effective at treating the condition, it may have been a judgment call to prescibe Plavix. Whether your "resistance" to this drug could have been tested for or determined earlier, before heart damage was done, is an issue. First step: gather every single piece of paper in every medical/hospital chart, prepared for you by every health care provider and go from there. Best, M. E. Zuller

Re: product liability or medical malpractice?

Cardiology cases are very tough because there are so many factors involved and most people have pre-existing coronary problems. Moreover, how would a doctor know that you are Plavix resistant? Usually, this can only be known through a Plavix regiment. If you really, really want to pursue this I suggest that you call a local medical malpractice attorney. But in my personal opinion, I do not think you have a case.

Re: product liability or medical malpractice?

I believe it is likely that you have a cause of action for medical malpractice if your doctor deviated from the standard of care. Meaning, if a simple blood test to prevent you outcome was the standard of care then you may have a medical malpractice case. As to the potential products liability case, to file a products case for medical devices in light of the current climate is not advisable. You can visit my website for helpful information at www.1800wefight.com or contact me for a free consultation at 1(800)WE-FIGHT. Thank you for contacting me and I look forward to speaking with you.