Legal Question in Medical Malpractice in New York

Surgery reversible or not?

I am currently considering a surgery known as ETS, or endoscopic thoracic sympathectomy. The surgery involves clipping of The T2 and T4 ganglia in order to cause cessation of sweating on the hands. If this surgery were performed using clipping, which my doctor has told me is reversible, yet the clips were removed and the desired reversal did not take place, then would I be entitled to compensation?


Asked on 10/12/08, 9:19 pm

2 Answers from Attorneys

Re: Surgery reversible or not?

A bad or undesirable result is not, alone, grounds for a successful medical malpractice case. There must be a departure from accepted standards of medical care. If the procedure was done properly, but the desired result not obtained, there would likely be no case. Best, M. E. Zuller

Read more
Answered on 10/13/08, 9:38 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Surgery reversible or not?

No b/c that is a known and accepted risk of surgery.

Read more
Answered on 10/12/08, 9:31 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in New York