Legal Question in Medical Malpractice in New York
V-P Shunt
If a doctor installs a VP-shunt in a patient which is not a programmable shunt even though a programmable shunt was requested and the improper shunt results in the patient getting a large hygroma which causes irreparable brain damage is the doctor guilty of malpractice? According to current medical literature a programmable shunt is considered the preferred choice in this type of surgery. The surgeon did not want to install a programmable shunt because, in his words, ''you have to fuss with them all the time making adjustments.''
2 Answers from Attorneys
Re: V-P Shunt
The anwwer is "maybe." As with any case of medical malpractice, the records have to be reviewed by an attorney and then a doctor. No medical malpractice case in NY can be started in court unless a doctor certifies there was malpractice. In your case, we would have to look into whether or not the doctor simply exercised judgment in deciding which shunt to use, whether the injury was an accepted risk of the procedure, whether the procedure's risks were properly explained or whether it was malpractce. My firm handles these cases on a contingency basis and we would be happy to discuss the case with you.
Re: V-P Shunt
It is difficult to answer your question with the limited information you have provided. Having handled several of these shunt cases in the past, I can tell you that a thorough review of the medical records is needed by a specialist. In addition, I am unclear as to whether the patient did actually suffer brain damage or you were simply paraphrasing from medical literature.
Please contact me if you would like to discuss your matter further.
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