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Negligence and/or Malpractice?

Buffalo, NY |

For the last few years, i had been seeing a gynecologist about an abnormal odor from my vaginal/rectal area, with complaints of a watery discharge. Each time I saw the gynecologist, they said everything was normal including my pap smear. This condition caused me to develop depression, extreme anxiety, social phobia, quit my job and cease all activities that included being around other people. At the end of last year, I saw a urogynecologist who confirmed that I had a vaginal prolapse, a cystocele, a rectocele, and a fourth degree perineum tear. I recently had surgery to correct those issues, but I'm still in the healing process.
Can you tell me if I have a negligence or malpractice case?

Attorney Answers 3


  1. Best answer

    I have seen and treated patients with rectocele and perineum tear and I understand how annoying and depressing these conditions can become. However, no attorney can answer your question unless and until your medical records are evaluated in detail. The question is always whether the doctor’s level of care fell below the acceptable standard of care. Also, you should act fast to avoid having your case barred by the statute of limitation. Consult a medical malpractice attorney in your area.


  2. Noody can tell you if you have a case based on an Avvo post. It would be worth your while to see a medical malpractice lawyer in your area. Don't try to get records first, just make some calls. Consultations are generally free. Do so sooner than later. NY has a brutal statute of limitations. There is no discovery rule that would apply in your situation.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  3. Follow Mr. Brophy's advice and speak with a medical malpractice attorney in your area as soon as possible. The statute of limitations in NY for bringing a medical malpractice claim against a private physician or facility is 2.5 years, which begins to run as of the date of the alleged act of malpractice (or the last time you saw that provider for and/or due to the same specific problem which formed the basis of your "continuous treatment"). If a governmentally run facitlity, or provider, is involved the statute of limitations can be shorter. The attorney you consult can give an accurate calculation of the applicable time period once you go over the details with him/her.

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