Legal Question in Legal Malpractice in New York

Medical Malpractice

A doctor claims to have seen a cyst on my ovary and decided to remove it, with only one sonogram as proof that I had a cyst,in reality I had no cyst, doctor was aware that I had previous surgeries and therefore I had scarred intestines, I requested that a second sonogram be performed, doctor said it was not necesary, (the previous sonogram noted that I should have a MRI, which doctor never took in account. doctor perform surgery (which turn out to be ''exploratory surgery'', which I did not consent to) needless to say there was no cyst. I have gone through a needless operation, pain, suffering, loss of work days and I have a big scar on my body. Also during surgery something went wrong with my bowel, I don't know exactly what happen to my bowel but the doctor was very concerned about it (too concerned) I am still experiencing problems with bowel movements and have not recovered very well from said surgery. Do I have a case?


Asked on 4/03/02, 9:15 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Medical Malpractice

You have a "case" only if the doctor's conduct fell below a reasonable standard of care. In order to undertake that evaluation, one would need to know whether it is reasonable for a physician to rely solely on a the sonogram in order to perform cyst-surgery, given your medical history. Only another physician, who would be willing to testify, could answer that question.

Ultimately, you need to speak with a medical malpractice attorney who has a physician or nurse on staff or retained as a consultant to review your medical records & give an opinion.

-- Kenneth J. Ashman; Ashman Law Offices, LLC, 156 West 56th Street, Suite 1902, New York, New York 10019; [email protected]; www.lawyers.com/alo

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Answered on 4/07/02, 12:36 am


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