Was given propofol i think maybe to much. They didn't explain much. I was supposed to only feel comfortable not be put under.
Cardiac arrest is a known complication of some procedures. Also, unless the fallout is serious, it may not be worht the cost of bringing it--malpractice is very expensive.
However rather than kick it around here, why not get a free consult with a member of the NYState Trial Lawyers Association--there are many in your area who handle medical carelessness.
You still need medical care--don't give your doctors or staff the idea you are looking at medical malpractice--they will shy away from you. Get a free consult.
What residual injuries do you have? If your injuries justify further inquiry contact an experienced medical malpractice attorney. They will have an expert review your care and treatment to determine if there was a deviation from the standard of care and if that deviation was a substantial cause of harm to you. These cases are usually handled on a contingency basis.
Speak with a local New York attorney to fully understand your options-- to make the most out of the consultation, provide your medical records to the attorney for his/her review.
Unclear whether your heart sustained permanent damage, but a local malpractice lawyer can order your records to investigate.
People often ask "do I have a case" but often the question is whether you want to have a case. It is true that different attorneys have a different threshold of what they will bring as a case. Most attorneys who do primarily medical malpractice will not bring a case unless there is indication of both (a) failure to meet standards of care, and (b) a significant, residual injury.
Whether you have a significant residual injury is not easy for a layperson to tell. I infer from your question that you don't feel that you have brain damage i.e. did not suffer extreme hypoxia. It is possible, however, that your heart may have been damaged. If so, this should be apparent from comparing pre and post EKGs, and possibly through looking at other tests you've had (e.g. any echocardiograms, stress tests?).
If you do consult with an attorney, and I would, I wouldn't just put it all in their lap and ask: "Do I have a case?" and if they think so simply agree to a suit. I would ask them, if they are inclined to bring a case (after looking at your records) what your injuries are, due to the malpractice. If they really can't answer this question, then I would reconsider the attorney, or reconsider bringing the case entirely. If you ultimately feel that there is no significant, residual injury due to the malpractice, you may consider not bringing a case, even if an attorney were willing to do so (that that would generally be unlikely, unless you were going to someone who really isn't that much of a specialist in this area).
The main point is that you should have a good sense, going in, of what the expected outcome will be, and your likelihood of success. Otherwise, the feeling of "having a case going on" (which will likley be going on for 2 years or more) may not be worth it. I do primarily Plaintiff's medical malpractice, so I'm not discouraging people from bringing appropriate cases. But I do want to suggest that there are sometimes valid, personal reasons why you may "have a case" but choose not to bring one. I agree that this sounds worth looking into with a lawyer, provided that you retain the perspective that, with benefit of legal advice, you have to make the ultimate decision whether or not to proceed.
This is not to be considered legal advice, and does not create an attorney client relationship. Inquiries may be directed to 212-414-8200
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