You have previously asked this question. There are too many missing facts and too little space for you to get an answer on this site. I would again suggest that you consult with an attorney experienced in NY medical malpractice cases, so that all of the facts and records can be gathered and an opinion formed.
In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.
Do you have any reason to suspect negligence in her care? If you do, get a copy of her medical records and go see a medical malpractice lawyer. Just because a surgery has to be repeated does not automatically mean the doctor was negligent.
The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
As uniformly pointed out by all responders, there are too many missing details, and all records would have to be reviewed, before your question could even be considered ready for a response. You need to obtain the hospital records and the records of all other involved medical care providers leading up to the date of death, and take them to a medical malpractice attorney for an initial consultation, which will be free. I would also add that if the hospital involved was a municipal facility (ie- one operated by the New York City Health & Hospitals Corp), a Notice of Claim has to/had to have been filed with the appropriate governmental agency within 90 days of the date of the alleged malpractice - or here, your mother's date of death if it happened while she was admitted. You can do the math.
Duplicate post. Have a malpractice lawyer investigate. Avvo has a great "find a lawyer" tool to locate a top-rated Avvo attorney (10) with a low contingency fee, less than thirty percent...so you don't get hurt twice. Good luck.
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