Do I have a malpractice suit in New York?

Asked about 2 years ago - Rensselaer, NY

Standard of care was not appropriate after the results of a simple urine test which indicated high protein and blood. The delay casued my husband to have a heart transplant. I can not prove the results indicated his disease at that time becasue the
standard of care was not followed but 18 months later the same urine test caused
another Doctor to due a 24 urine test, which lead to a biopsy of the kidney which
lead to the diagnoise of his disease. Do I have a malpractice suit in NY.

Attorney answers (3)

  1. Joseph Jonathan Brophy

    Contributor Level 20


    Lawyers agree

    Answered . 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.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to... more
  2. Jeffrey Ira Schwimmer

    Contributor Level 19


    Lawyers agree

    Answered . 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
    (800) 370-3010

  3. Daniel Paul Buttafuoco


    Contributor Level 16


    Lawyers agree

    Answered . It is difficult to give an accurate evaluation of your case based in the limited information provided. Find an experienced attorney and call for a free consultation.

    Daniel Buttafuoco

    If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted... more

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