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1998 ACL surgery with major complications, 2011 injure same knee developed another infection Can I sue.

Flushing, NY |

Was told infection lived in my right knee and bones since first infection in 1998 also pieces of metal shavings still in knee and developed category 4 arthiritis presently. Cadaver graft used, 5 admits into hospital, iv antibiotics used to calm infectionl from a cadaver graft and screw can I sue Dr

Original surgery was meniscus then ACL reconstruction, in and out hospital for 3 to 5 years after battling infections in knee. ACL presently is completely scarred and torn, unable to enjoy a normal lifestyle from here on and not a candidate for knee replacement cause of infection history, Major complications for the rest of my natural life behind 1 Dr mistakes I need help.

Attorney Answers 7


  1. I'm sorry for your situation, however, the statute of limitations expired on any case that you might have has long ago. Most limitations are 2 years. Certain circumstances may extend that time period but not for 15 years. Also, I think it is impossible that a surgery from 15 years ago would have anything to do with any recent infection.

    This answer is provided as a public service for informational purposes only. Providing this information does not create an attorney-client relationship. As with all legal matters, you should contact an experienced attorney in your geographical area to discuss the law specific to your state. For more information, see www.hendricksonlaw.com.


  2. Depends if you had continuous treatment with the doctor over those years. The only way to properly evaluate the case is if you consult with a NY medical malpractice attorney and have that lawyer obtain all of your medical records to see if you meet the New York State medical malpractice statute of limitation which is 2 1/2 years, not 2 years as some lawyer from out of state posted on AVVO. Schedule an appointment with a NY licensed attorney. Be aware that information you receive on AVVO is not advice.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. Sounds like the Statute of Limitations to file passed long ago unfortunately.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.


  4. Not likely, but, go to the "find a lawyer" tab and look for an attorney that you can consult with about the issue. Many attorneys provide for a free consultation.


  5. Could be a tainted tissue transplant. The only way to know if there was malpractice is to retain a med mal lawyer who can order the medical records and send them to an expert to review to ascertain whether there was a breach of the standard of care. I’m sorry, but my firm only handles birth injury cases, failure to diagnose cancer cases, and wrong site surgery cases.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  6. If under the facts of your case, the NY "continuing treatment" doctrine applies, then your 2 1/2 year statute of limitations from the last such related treatment would start at that time. It is unclear what these details are, and would be too involved for a post. Seek a med mal attorney, who will provide you with a free consultation.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.


  7. in New York, you have only 2 1/2 years from the date of any malpractice within which to start a lawsuit against a private doctor or private hospital. There are numerous exceptions.

    As attorney Jason Lutsky correctly pointed out, there is something known as the 'continuous treatment doctrine'. This basically means that if you continue to see and treat with the same doctor for the same condition and complaint that you originally went to him for, then it may be possible to extend the time in which you have to file a lawsuit.

    However, in order to give you an educated answer about whether you still have the ability to do this, the only way to tell you for sure would be to obtain all of your medical records and go through every single page of every medical record up until today.

    What I look for when evaluating whether there is continuous treatment is to see what complaints you made on each and every visit. Who scheduled a visit? Was it a routine visit just for follow-up or was it because of some specific complaints that have been ongoing and carried over from the last visit?

    If I think there is the possibility that there is continuous treatment, then all your medical records must be sent out to a medical expert to fully evaluate your case.

    Remember, in New York we are required to have a medical expert confirm (1) there was wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant and/or permanent. If any one of those elements is missing, then there is no way to bring a valid medical malpractice case in New York.

    As always, you should never rely on information provided to you regarding the time limits from anything you see online, whether an out-of-state attorney, an article, a video, or even a blog post because you need to know exactly the time limit for your particular situation. The only way to obtain that specific information is to contact an experienced New York medical malpractice trial attorney to give you an answer.

    I hope this helps.

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