A viable case is a question of both liability and damages. Even assuming malpractice was committed, it is too early to determine if your injury will justify the time and expense that a malpractice action entails. Get the treatment you need, then get your medical records an consult with an attorney in your area.
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Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
Medical malpractice cases are very fact specific. The vast majority of personal injury lawyers offer free consultations, and act on a contingency fee basis, which means you only pay the lawyer if you win. Keep all your medical records and contact a medical malpractice lawyer right away - you can use the "Find a lawyer" feature on Avvo. If you are bleeding or have any other complications you should go see a doctor right away for treatment. Good luck!
Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship.
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I am not sure what type of surgery you had, but if you are in critical condition then you need to go back to the hospital. If you are in stable condition then consult with a New York personal injury in a confidential forum immediately. Good luck!
Are your injuries permanent? Case is not worth pursuing if you did not sustain permanent injury. Even if you do have a permanent injury, it might not be malpractice. Depending on your surgery and your anatomy perhaps injury from the breathimng tube is a risk of the surgery. Bad result doesn't necessarily mean medical malpractice. Your 4 days post surgery. My advice would be to concentrate on your recovery. When you have, obtain your medical records including the operative report and have a PI attorney review them.
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My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900
One of the key questions to answer when evaluating a medical malpractice case in New York is whether there was a departure from good and accepted medical care in performing the procedure. It might be a surgery issue. On the other hand, it might be an anesthesia issue.
In New York, we are required to get a medical expert to confirm that there was wrongdoing by either the surgeon or the anesthesiologist or both. The mere fact that you have developed a postoperative complication does not in and of itself mean that there was malpractice. It may, but then again it may not.
In follow-up with an anesthesiologist, they may tell you that this condition will go away over time. They may suggest, as one of the attorneys in this thread has suggested, that by using a spray to give a mild topical anesthetic effect, it may help in the short run while your body heals.
There are many instances where a patient will call wanting to know if they have a valid medical malpractice case here in New York. As one of the attorneys above correctly pointed out, many times it is premature to know the true extent of your injuries.
HERE'S WHAT WE MUST PROVE
Not only do we have to show that there was wrongdoing by a doctor or hospital staff, but we must also show that the wrongdoing caused injury and that the injury is significant and/or permanent. If your injuries are temporary, it will be challenging to find an experienced trial attorney who is willing to investigate your matter.
You need to follow up with your doctors, focus on your treatment and keep in mind that you have a limited time within which to file a lawsuit here in New York. The time limits for filing a lawsuit are different for private hospitals and private doctors and filing a lawsuit against the state of New York and filing a claim against a municipal hospital.