Contact a medical malpractice lawyer.
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In order to maintain a medical negligence case it must be shown 1. that the care and treatment received fell below the standard of care and 2. an injury was caused as a result of the negligence. A bad outcome does not necessarily mean there was negligence. The only way to know is to have an attorney gather the records and have then reviewed by a medical expert. Even if there is negligence in order for a medical malpractice case to be viable the injury must be severe and/or permanent. While I certainly understand your concerns for the needless trauma you son went through and will continue to endure if the need for a second surgery was in fact avoidable if everything was done correctly, if there is no permanent damage, bringing a case even if you can show negligence would not result in a meaningful economic recovery to him.
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From what you indicate happened to your son, it is too early to intelligently determine if malpractice occurred. I would speak with a medical malpractice attorney once the outcome of his situation is more fully known and established. For the time being, you should maintain a diary of all of the issues he will endure in order to remain an accurate historian of this potential malpractice case.
Presence or absence of malpractice can be determined from the complete medical record. What delays a determination of the viability of any potential suit is the determination of what damages were proximately caused by the asserted conduct. Here the damage to your son may be reversible. It is also possible that the damage was the result of anticipated risks that are bad but not malpractice. Quantification of damages is very important to the viability of a potential malpractice action. Have an experienced Med Mal Attorney review all of the records after this surgery is done and the records from it are available....
The best scenario is that the second surgery will correct the problems created from the first one. I hope that you are not having the same doctor do it. In any event, if the problems are repaired there will likely not be a claim worth proceeding with even if there was technically malpractice involved. I hope all goes well. In the event that it does not, then you need to promptly consult with an experienced NY medical malpractice attorney.
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