Legal Question in Personal Injury in New York

woman broke ankle in hospital one hour after she gave birth

One hour after my sister gave natural birth two days ago in New York, the nurse decided to move her from the delivery room to the room she would stay in for the rest of her stay. She had had an epidural. As nurse was helping her from the bed to the chair, the nurse accidentally let her go and she fell on her ankle and broke it. Today, my sister is in surgery to have a metal plate put in her anke to realign it and hold it in place. The hospital offerred to pay the ankle surgery bill and that's it! I'm furious. My sister has two children at home already (ages 22 months and 5) that she must care for along with a newborn and she is not to put any weight on the foot at all. Not to mention the fact that her ankle will never again be the same. What do you think might be a truly fair offerring from the hospital?


Asked on 7/23/99, 3:57 pm

2 Answers from Attorneys

Marcel Sager Goldberg Sager & Associates

Re: woman broke ankle in hospital one hour after she gave birth

Your sister sustained a serious injury. My wife sufferered last year a trimolleoar fracture of her ankle and was incapacitated for three months. She should retain the use of a competant attorney. Please contact us if you wish to discuss this matter further. Law offices of Goldberg Sager & Associates, 1113 Kings Highway, Brooklyn, NY 11229, Phone 718-645-6677, e-mail at [email protected].

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Answered on 7/24/99, 8:14 am
Michael Kaplen De Caro & Kaplen, LLP

Re: woman broke ankle in hospital one hour after she gave birth

It is to early to evaluate the value of your sister's

case. This is a very serious injury which may have

considerable disability associated with it including

limping and/or loss of use or function in addition

to pain.

The best thing to do is retain a competent attorney to obtain

all of her records and speak with her doctor about

her prognosis, need for future surgery, chance of

getting post traumatic arthirtis, the physical therapy

which she will require, etc.

This is a serious case which should not be settled quickly.

Michael V. Kaplen, Esq.

De Caro & Kaplen, LLP

20 Vesey Street

New York, NY 10007

212 732 2262

mailto:[email protected]

http://www.decarokaplen.com

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Answered on 7/23/99, 9:56 pm


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