Can I sue my doctor for malpractice after 8 months in ny state?

Asked almost 2 years ago - Babylon, NY

During my 4 c-sec in june I didn't felt good but my doctor said u r o.k and after surgery they brought me to recovery room and i continuously said that i m not feeling good but nobody care about it and my doctor went back to her office. suddenly my b.p start dropping because i had postpartum heamorrhage but thanks God and emergency crew who save my life. eventhough my doctor left after operation. and now after 8 month i still beecome mentally disturb when i thought those movment.

Attorney answers (4)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . NYS statute of limitation for medical malpractice is 2 1/2 years generally. See an attorney who handles medical malpractice review the medical records to see if it is worthwhile to sue. Damages may not be sufficient to have an attorney undertake a complicated case.

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  2. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Yes. The reality is that the case would likely cost thousands more than would be recovered, however, have a med mal lawyer investigate and 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
  3. Jeffrey Bruce Gold

    Contributor Level 19

    6

    Lawyers agree

    Answered . Can you sue? Yes, you still have time to do so. Unfortunately, medical malpractice cases are extremely expensive to bring and the chances are slim that any Long Island firm that handles medical malpractice will take the case unless you agree to pay up front all of the anticipated medical expert expenses which will be necessary to prosecute the case. At a minimum the medical expert expense would be in the $20,000 range, and I don't believe the injury warrants the expenditure.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  4. Gerald Michael Oginski

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Most experienced New York medical malpractice attorneys, like myself, will not take on a case that has limited injuries. Nor will I take on a case that has only mental or psychological injuries.

    There are some law firms who will do that and represent people who only have psychological and emotional injuries.

    However, keep in mind that in order to prove a case of medical malpractice in New York, we are required to show (1) that there was wrongdoing, (2) the wrongdoing caused injury and (3) the injury is significant and/or permanent. All of those things must be confirmed by a medical expert who confirms each one of those elements.

    If any one of those elements is missing, then there is no way to bring a successful case.

    It is unclear from your brief description whether any of the care rendered would constitute wrongdoing. Then you would have to show that the wrongdoing caused whatever injury it is that you're claiming.

    Remember, as the injured victim you have the obligation to prove your case. In New York, you have to prove that you are more likely right than wrong that all three of those elements occurred, and they must be supported and also confirmed by a medical expert.

    When we say that you must prove that you are more likely right than wrong that is basically known as the “burden of proof.” It is also known legally as a 'preponderance of evidence'.

    There's a lot more that goes into evaluating a possible medical malpractice case, and as the other attorneys correctly pointed out, it will likely be challenging to find an experienced New York medical malpractice trial lawyer who is willing to look into your claim without having physical injuries.

    Good luck in your search for justice.

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