Legal Question in Medical Malpractice in New York

I have multiple sclerosis and my neurologist told me I was negative for the jc virus, which he told me made my chances better of not getting pml if I took medications with that possibility. I told him that regardless to being negative for the virus I wasn't interested in any of the medications that had this risk. Then later I find out I've been positive for the virus and he failed to tell me and I took a medication without knowing that it could cause the pml virus. When I confronted him he avoided answering the question, so I later switched neurologist. Before switching neurologist I requested my medical records and noticed he put many contradicting things down, like he said I didn't want to take Tysabri and I rather become more disabled than to take a chance of getting the pml virus but then he says he informed me about the medication I later took having the same possibility and I was okay with taking it, when that wasn't the case. I later found out on my own and it makes no sense that I wont take the chance of a deadly brain virus with on medication, but I would then take it with another, can I sue him?


Asked on 2/24/14, 10:44 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

The facts you relate are worth a closer look. I'm an MS pt myself and I know how maddening the medical profession can be. .Your suit must be filed within 30 months from the time you changed doctors. We'll need to see what injuries you have anbd med mal is never n easy road. But then you're already on a rough road.

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Answered on 2/25/14, 6:56 am


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