Legal Question in Medical Malpractice in New York

I had scoliosis surgery done eleven years ago. I was not told I'd have chronic pain after surgery especially this far after. I was also diagnosed with a compression fracture I believe is related to the surgery from rods making the rest of my back unstable. Im also experiencing bad pain in my ribs where he took a bone graph from. Im on pain medicine so im able to take care of my 2 1/2 year old twins. He will no longer see me because he doesnt take my insurance and every other doctor is referring me to someone else and say I should be seeing my surgeon. I'm in pain every day and I have to raise two kids. This is not right and I'm frustrated and have been through more pain and suffering then a 23 year old should. Can I sue for this?


Asked on 11/26/11, 4:36 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Your legal problem lies in the fact that there is a statute of limitations. For personal injury, three years from the date of injury or your 18th birthday. For medical malpractice, 2.5 years from the injury. For children the extension of the statute is capped at ten years. You need to see a physician who specializes in chronic pain.

If the compression fracture took place within the past 2.5years, you may well have a viable claim that you could sue for. I would suggest you call the firm of O'Dwyer & Bernstein and set up an appointment.

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Answered on 11/28/11, 12:38 pm


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