Legal Question in Medical Malpractice in New York

My question is that my husband had a hip replacement in 2005 and fell 16x, the hip got dislocated and every time was taken to a hospital by ambulance. Each time an xray of his hip was taken and then was sedated and then the hip was put back. At no time did any doctors advise us or tell us that something that was put in his hip was not in place. This happened in New York state where the original hip surgery was done. 14x in NYS, 2x in PA & 1x in N.C. this occurred. We now live in Florida and his hip popped out again from falling. After going to a florida hospital by ambulance and an xray taken of the hip, we were told by the orthopedic doctor that took care of him, that something was not positioned correctly. I asked the doctor if it got like that from all my husbands falls and he said, it was put in like that. Since his new hip surgery back in August, he has fallen a few times, but the hip never popped out. Do we have any kind of case with the original doctor that performed the surgery wrong?


Asked on 1/23/14, 8:32 am

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The statute of limitations for medical malpractice is 2.5 years from...well there might be an issue here depending on who's been treating the dislocations. However, you might be able to pull together a product liability suit. The theory is that the appliance was defective, it resulted in injury (including the surgery to replace the defective hip, and the rehab that followed that surgery).

In other words, you may have a feasible case. Feel free to contact me through the system or write to me as [email protected].

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Answered on 3/05/14, 7:01 pm


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