With an 18 month gap in the proof it's a tough case but worth talking to a medical malpractice lawyer about. See my response to your other post.
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As Mr. Brophy indicates, the 18 month gap can present a significant problem in tying the alleged act of malpractice to the heart transplant. a successful malpractice suit requires not only proving that the medical care provider did not adhere to the accepted standard of practice in the involved field, but also that said malpractice was the proximate cause of the injury/condition you claim resulted. An inability to prove proximate cause will result in a lost case, even if there was an act of malpractice. You should collect all of the medical records and consult with a medical malpractice attorney, who can have them reviewed by an appropriate medical expert in the involved field. Note that in New York, there is a 2.5 year statute of limitations for the bringing of a medical malpractice case - which starts to run as of the date of the act of malpractice. If the action is not commenced within that time period, it will be barred if brought later, regardless of how meritorious it turns out your claim would have been.
Jeffrey I. Schwimmer, Esq.
20 Vesey Street Suite 1200
New York, NY 10007
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