Legal Question in Medical Malpractice in New York

Surgeon Mistake

My surgeon was negligent in the surgery.

I had multiple deviated septums which had come about due to accidents in my childhood. In order to breathe smoothly it was reccomended that i get an operation. The surgeon i concluded on, was confident about improving my breathing and straightening my nose so that there would be no deformity. he failed in the operation by not removing the breathing impediment and making the phsical deformity worse he took out too much cartiledge from my nose, without my asking for any such procedure. Now he wants to reoperate on me because he admits to his mistake. However, he has been rude and abnoxious about his responsibilities. Besides he is not qualified to do a restructural operation. this operation now would cost me close to 14000$ as i have to use two different surgeons and it is more complicated. Besides i have suffered during the procedures both emotionally and financially and during the healing period. I want to sue the doctor to compensate for the re-operation charges as well as claiming financial charges for the time i had to spend away from work during the healing period.

do i have a case against him legally?''


Asked on 10/27/08, 5:31 pm

4 Answers from Attorneys

Re: Surgeon Mistake

As with any medical malpractice case, it takes another doctor of similar specialty to say the treating doctor departed from the common standard of practice. Records of operations, treatment etc. are gathered and an expert doctor found to review them. A positive opinion from this doctor can mean a theory exists on which to move forward. The second concern is whether the malpractice produced any serious injury, especially the permanent sort. Lots to discuss. Best, M. E. Zuller

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Answered on 10/28/08, 11:49 am

Re: Surgeon Mistake

You may have a case but a doctor would have to review your records before I could say for sure. In addition to the things you listed, you would be entitled to pain and suffering if there is a case. I handle these cases on a contigency basis so feel free to contact me to disuss.

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Answered on 10/27/08, 6:00 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Surgeon Mistake

It appears as though you may have a claim for malpractice. I would like to speak to you about it in more detail and review any before and after photos you may have. Call me, Pasquale Calcagno, Esq. toll free at 1(800)WE-FIGHT for a free consultation. I look forward to fighting hard for your rights. You can also visit us on the web at www.1800wefight.com.

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Answered on 10/27/08, 7:40 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Surgeon Mistake

you very well potentially could. You should contact our ffice for a free consultation, we also handle such cases on a cintingency fee basis - meaning htere would be no out of pocket costs to you if we chose to take this case on.

contact us asap at 212.709.8303

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Answered on 10/28/08, 8:20 am


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