Legal Question in Medical Malpractice in New York

I had a TKR of the right knee on April 1st of this year. From the next day on, I knew something was wrong. I fought tooth and nail to get the Dr to listen to no avail. I even asked for a 2nd opinion and received a letter from the Director of the VA Hosp that did the surgery denying me this. I eventually got my private insurance to pay for me to see one of the best around my area. He determined that the knee was very unstable. I have sever pain, instability, and massive swelling to this day. After xrays the Dr I chose to go to stated that in fact the wrong sized knee was put in place. I now walk with crutches, can only bend my knee 70 degrees on a good day, use a tens unit almost 24/7 t help with the pain. I do not want to use the prescribed meds for fear of getting hooked on them, but some days I have no choice. I need advice and help.


Asked on 12/05/12, 7:56 pm

1 Answer from Attorneys
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Sorry to hear about what you have been going through, this is terrible that you have to be going through such an ordeal. It is not right that you have to suffer so much; it is possible that you were denied a 2nd opinion because the Doctor learned that he had made a mistake. Sounds like you may have a pretty strong case for malpractice and you need to speak to an attorney asap to start the ball rolling.

Medical malpractice cases are complex and since VA is involved, your case is further burdened by additional time and filing requirements.

Please call our office at 718-616-1414 for a free no-obligation consultation. We will be happy to talk to you and see if we can help you.

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Answered on 12/05/12, 8:36 pm


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