Legal Question in Legal Malpractice in New York

Medical Malpratice

My daughter received a lipid overdose while hospitalized in the NICU. I have all documents stating when the error occurred, resulting in the RN's mistake. My daughter must have her liver tested annually as the damage is unknown. Should we sue the hospital?


Asked on 4/30/08, 3:11 pm

2 Answers from Attorneys

Kristen Browde Browde Law, P.C.

Re: Medical Malpratice

Whether you should sue or not is a complex question, and there a number of factors to consider, including whether some form of continuing care can be arranged without litigation. I'd recommend that you consult with at least one or two experienced medical malpractice attorneys in your area.

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Answered on 4/30/08, 3:21 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Medical Malpratice

For a medical professional to give an overdose of any medication is a serious matter. Your daughter may have received serious damage as a result. Even the psychological impact is enormous.

In order to have a case for medical malpractice, you must have three items. Negligence (giving of the overdose) damages ( which are not certain here) and proximate cause, which is relationship between the two.

A lipid overdose is a very serious matter. How old is your daughter? This will determine the extent of the damage. When your daughter reaches full maturity, and the liver is fully formed, then the extent of the damages will be fully appreciated.

In the meantime, I would suggest that you contact a medical malpractice attorney to preserve the record and the evidence, to make contact with the malpractice insurance carrier, and to preserve the statute of limitations.

You can pretty well guess the damages now based upon your daughters age and weight and laboratory test results.

I have a concentration in Medical Malpractice, having been an assistant professor of Medicine at the University of Buffalo Law School, where I taught medical law to the incoming freshman class.

If you would like me to look into the matter, please feel free to contact me.

PS. I am always cautious of the succeeding treating physicians as they may try to cover up the impact. Finding a treating physician out of your area is most advisable.

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Answered on 4/30/08, 4:19 pm


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