More info is needed to help you. In order to prevail on Medical Malpractice you have to prove that the dr breached the standard of care. Just having bad results is not necessarily evidence of MedMal, because sometimes bad results is one of the risks. Start with educating yourself about what were the expectations for the surgery for someone like you. Then get another medical opinion. Then consult a MedMal lawyer. Good Luck.
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YOu should consult with a medical malpractice attorney in your area. Use the Avvo search bar to find and attorney.
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The statute of limitations for medical malpractice in New York is two and one half years from the date of the incident, so you are almost certainly out of time to sue.
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Although the 2 1/2 year statute of limitations governs, the statute may be extended under the continuous treatment doctrine, assuming the doctor treated you for the same condition following the surgery. You may then be able to compute the 2 1/2 year period from the last date of treatment. As far as your medical care is concerned, it is important to understand that a doctor is NOT a guarantor of a good result. With that said, a blood clot is a risk of the procedure as is swelling and stiffness but, an alignment issue may well be t he basis for a malpractice claim.
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