My Lawers told me i have a case what's the nexts process

Asked over 1 year ago - Brooklyn, NY

I had a c- section and during that I heard the Docter panic stating that she had accidentally cut me the other Docter who's name is Docter Peter fanti said not to worry hell fix it they close me up and then I started internally bleeding and it was then I went into shock and they rush my back into the operating room and operating room to stop the bleeding and give me a hysterectomy

Attorney answers (6)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . Ask your lawyers.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Matthew C Simon

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Speak to your lawyer with all questions and concerns. He or she is in the best position to advise you. Also, thats what you paid for! Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Your lawyers should sit down with you for a couple hours to explain everything to you if they are doing their job.

  4. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . Med mal usually requires a determination by a health care professional that the prior provider was negligent. Perhaps this is what your attorneys are telling you. In which case, if they have not been retained to litigate your case, the next step is to retain them.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  5. Gerald Michael Oginski

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Here's what you need to know:

    In order to prove a case we need to show (1) that there was wrongdoing, (2) that the wrongdoing caused injury and (3) that the injury is significant and/or permanent.

    All of those things must be confirmed by a medical doctor who has reviewed your records or who has treated you and confirms each of those things.

    It is also critically important to know which hospital you were in. If you were in a municipal hospital like Kings County Hospital, the time limit to bring a lawsuit is much different than if you were in a private hospital in Brooklyn.

    If this was in a municipal hospital or even Downstate Hospital, which is a state hospital, the time limits are much less. There are special procedures that must be done in order to bring a claim and then file a lawsuit for a municipal hospital or a state hospital.

    If this is a private hospital, you would generally have 2 1/2 years from the date of any wrongdoing. However, you cannot and should not rely on that specific information since I do not have any of the details available to tell you specifically whether or not your matter is currently timely.
    There's a lot more information that is needed in order to give you a detailed answer about whether you might have a valid basis for a case.

    Specifically, it would be important to see the hospital operative report to determine exactly what happened during surgery and what was done as a result of that. It would be important to know why the hysterectomy was performed and whether it was done on an emergency basis in order to save your life and prevent you from bleeding to death.

    In many cases the mere fact that an injury occurs during surgery may not be, in and of itself, evidence of wrongdoing. Typically, wrongdoing arises when the surgeon fails to recognize that an injury has occurred. The delay in diagnosing a condition is usually what rises to the level of medical malpractice.

    There's a lot more information needed in order to give you a better answer about your particular matter.

    If you do have legal questions, I encourage you to pick up the phone and call me at 516-487-8207. I answer legal questions like yours every single day and I welcome your call.

  6. Joseph Gerard Dell

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . After retaining your lawyer(s), they will obtain your relevant medical records and will have an expert review them so they have a certificate of merit and can file your malpractice case. The case will proceed through the court system and you will have depositions and may have to submit to a independent medical exam for the defense. From your question it sounds like you have retained counsel so I would recommend calling them and going in for an appointment so they can give you answers to all your questions. Good luck in your case.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,728 answers this week

2,993 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,728 answers this week

2,993 attorneys answering