Lap assisted vaginal hysterectomy with anterior/posterior repair, mccalls culdoplasty and Kelly plication that resulted in pudendal nerve entrapment/injury. Six months later I still have original defects of cystocele and rectocele.
Any attorney (including a medical malpractice attorney) that handles cases at the trial level is a trial attorney. Most cases settle before trial, but within the arena of medical malpractice litigation, medical malpractice insurers will often fight very hard to defend claims, all the way up to and through trial.
If you sustained permanent injuries due to a negligently performed surgery, you may have a viable medical malpractice case. The question in medical malpractice cases is whether the medical provider's services fell below the standard of care and caused the plaintiff's injuries.
The plaintiff will ordinarily need a medical expert to offer favorable opinions to support the plaintiff's theory of liability.
In order to determine whether the medical provider in question breached the standard of care and caused your injuries, your medical records will need to be reviewed by an attorney and a medical expert. You can obtain your own medical records so that you can expedite the process of finding out whether attorneys in your area believe you have a viable claim or you can consult with attorneys first, and wait to see if they believe it's worth it to order your medical records and look more closely at the facts.
You should contact a local medical malpractice attorney to learn the full scope of your rights, including the statute of limitations for medical malpractice cases in your state.
This website contains general information about legal matters. The information provided by Jacob Regar is not legal advice, and should not be treated as such. The legal information on this website is provided â€œas isâ€ without any representations or warranties, express or implied. Jacob Regar makes no representations or warranties in relation to the legal information on this website. You must not rely on the information on this website (including Jacob Regarâ€™s response to your question) as an alternative to legal advice from your attorney or other professional legal services provider. No attorney-client relationship is created through the exchange of information on this website. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
There are many trial attorneys who do not practice medical malpractice and vice versa. The two types of attorneys are not mutually exclusive. As such, your first consideration with a medical malpractice case should be to consult with a knowledgeable local attorney who can properly evaluate the circumstances surrounding your injuries and succinctly, but thoroughly explain why you do or do not have a good case. If the attorney does recommend you pursue a case, then you want to know that same attorney can do a good job working-up your case. Preparation for trial starts from day one, but "trial prep" is usually not done by the trial attorney. Many of the very best trial attorneys do not work up their own cases. Indeed, they are sometimes like the jockey riding the winning horse, i.e. you couldn't win without them, but a heck of a lot goes on behind the scenes to get the horse to the point that the jockey can do their job. Moreover, not every good case will go to trial. Often, good cases that have been well prepared will settle before trial, making the trial attorney completely unnecessary except as a potential "threat" in the wings. So, taking all that into consideration, your best first step is to consult with two or three local attorneys to get started learning about the strengths/weaknesses of your potential case. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
You need a medical malpractice lawyer. In all likelihood, a competent medical malpractice lawyer will be a trial lawyer as well.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
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