Do I have a legal claim and what is the time limitation on filing a claim?

Asked over 1 year ago - Albany, NY

on 10/8/2011, I had right knee replacement surgery less then 24 hrs after surgery I tried to get out of bed and fell. There was no alarm on the bed, nor any other safety device to hinder me from getting out of bed. Actually the dietician passed me my walker from across the room.( which he shouldn't have done). I was on strong medication not in my right mind. After the fall I have sever upper thigh pain ( tear according to physical therapist) severe lower back pain (prior to fall L4 & L5 degenerative disc) have numbness to lower leg and hip pain, nightmares, and phobias. They did not do a x-ray MRI, or Cat scan after the fall . All the aches and pains I experience after the knee replacement was attributed to the knee replacement. But I know without a doubt the fall has caused more damage

Attorney answers (7)

  1. Ryan M. Finn

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    Contributor Level 13

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    Answered . You may have a claim. The main issue will be whether a doctor can causally relate your current complaints with the fall, as opposed to the knee replacement. This will require a review of your medical records. Best of luck and kind regards.

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  2. Craig A. Post

    Contributor Level 17

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    Answered . A review of your hospital records is required to determine the viability of a claim. Bed rails would seem to have been required and the records should reveal what was or wasn't done in that regard. It is up to a physician to say that your physical complaints are causally related to the fall. You should consult with an attorney as soon as possible considering more than a year and a half has already passed since the date of injury. Good luck.

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  3. Joseph Jonathan Brophy

    Contributor Level 20

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    Answered . Cases arising from a fall in the hospital are usually vigorously contested and are hard to win. It also seems that your damages will be hard to prove. You are still within the statute of limitations, unless it was a public hospital.

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  4. Christian K. Lassen II

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    Answered . A tough road to hoe, but discuss with a lawyer in your state nontheless.

  5. David Ian Schoen

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    Answered . If this was your first time out of bed, you should not have been permitted to get up unaided. This is definitely a viable claim that I would be happy to discuss with you in depth if you want to contact me.

  6. Marco Caviglia

    Contributor Level 20

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    Answered . You may have a claim based upon analysis by a med mal attorney and a physician who needs to certify that there was malpractice. If you are suing a public hospital, then the statute of limit is 1 year, but you need to have filed a notice of claim within 90 days after the wrongdoing. You may apply to Supreme Court up to one year after the act for permission to file late. If it is a private hospital/physician, if it is med mal, it is 2 1/2 years, if it is considered regular personal injury, which fall downs by patients often are though in a hospital, it is 3 years.

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  7. Michael J Palumbo

    Pro

    Contributor Level 19

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    Answered . Your injury happened so long ago that it is likely no lawyer will want to touch it.

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