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Amos Gern's Answers
- 3 Legal Answers
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2
Attorney answers:
Can a person be compensated for a bad surgery performed 1 year and 6 months ago and mistreatment from 5 other doctors?
The time limit for filing a lawsuit for medical malpractice, known as a "statute of limitations," is 2 years and 6 months in NY. It is hard to believe that negligence of some sort did not occur during the original surgery, given the dramatic problems your father is having, and the event of 11/16/10 which you describe. Has any of these issues affected his vision, or worsened it?You should immediately consult an attorney, and seek an expert analysis of your Dad's treatment, especially since...
3
Attorney answers:
Should a doctor's receptionist call a patient on her cell phone and say 'the doctor thinks you have cancer'
The doctor should fire this receptionist!! No non-medical personnel should ever convey medical findings or advice; it should only be given in a professional setting by a physician or physician-assistant. That having been said, such a breach of protocol does not result in any legal culpability, since you would have had the same stress and worry if the information had come from the doctor, rather than his staff. Best wishes for your treatment and recovery.
3
Attorney answers:
Would this be malpractice?
While you may have a separate case for malpractice, it may be totally unnecessary if the party you are suing for the auto accident has more than adequate insurance to cover the original injury as well as any complication resulting from the surgery. The surgery was required by virtue of the accident injury, and all damages flowing from the first accident are compensable against the driver of the car, even if there was some malpractice during the operation. Why are you seeing a new doctor,...