Legal Question in Medical Malpractice in New York

~1.5 years ago I had appendectomy. Few months ago I was in another hospital because I had bowel obstruction (surgery was made). Docs said that it was caused by adhesions after appendectomy. After surgery they were draining liquid from my stomach, then I got discharged and I wasn't feeling good enough. Few days later I was hospitalized again. Turned out (as one of the nurses said) that the draining machine broke down during my 1st stay, the personal saw that the amount of drained liquid is not increasing and discharged me. During my 2nd stay, they drained 2-3x more liquid. Is this malpractice? What can I do about it?


Asked on 8/22/12, 10:11 pm

1 Answer from Attorneys

Possibly, there is a claim for premature discharge, or failure on the part of hospital personnel to realize the equipment malfunctioned. However, in the absence of any permanent or serious injury as a result of the malpractice, it might not be worth pursuing in Supreme Court. As always, it's best to consult with a lawyer, with all medical records in hand, if possible. Best, M. E. Zuller

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Answered on 8/23/12, 4:12 am


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