Legal Question in Medical Malpractice in New York

I was scheduled for a hysterectomy Dec 21st. Had taken 8 weeks off of work. Had taken the bowel prep for surgery. Gotten the preop labs etc. Dec 20th at 1p, the doctors office called and said they hadn't gotten the preauth for the surgery. Finally that evening cancelled the surgery..Still 2 days later no answers. Meanwhile, I cannot go back to work as my spot has been filled with a replacement til the end of january and they did not expect me there. I am going to be without wages for the entire month of at least January. Also, this doctor performed biopsies. She removed a specimen to send away and lost the biopsy. She then had to repeat it, causing more stitches than needed. I don't know what to do from here??


Asked on 12/22/10, 9:27 am

1 Answer from Attorneys

There's a reason why you didn't receive pre-authorization from the carrier. Look into it. Because the surgery does not seem to be an emergency, no liability against the surgeon for not moving ahead with surgery in the absence of carrier approval. If you feel your doctor is inept, consider switching. Any additional suturing on account of the lost biopsy sample might, strictly speaking, give rise to a claim, but the injury is so minimal it will be difficult for you to find an attorney to accept the case. Best, M. E. Zuller

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Answered on 12/27/10, 9:44 am


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