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-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Ask your lawyers.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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 relationship as this forum does not provide for a confidential communication.
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.
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.
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