Legal Question in Medical Malpractice in New York

On June 3 2011 I had achillies tendon repair surgery on my left leg.. due to an accident in a pick up basketball game....I aslo developed post-op DVT (blood clots) on the same leg..Followed by 6 months of physical therapy.....(the original P.T prescibtion was for 3 months...but I got a second opinion after I notice that my therapy wasn't going too well..& the other doctor prescribed more PT therapy)...
Almost a year later May 2012...I contined having the same problems...limted mobility, both dorsiflexion & plantarflexion are greatly limted as prior to the operation...I CAN NOT LIFT OFF THE GROUND WITH MY LEFT FOOT WHATSOEVER...
Although I can run..it's "hippty-hoppish" & feels like one leg is doing more work than the other...
I contacted the original surgeon & told him about my problems...which he had me do a MRI... Based on the results ..he claimed it was "scar tissue problems & that was to be expected"...however he was concerned enough to have me see another specialist..
After breifly explaining to the specialist the situation & my frustation...his exact words were...
"I'M NOT SAYING ANYONE DID ANYTHING WRONG,BUT YOUR TENDON IS CRAPPY"
He said the tendon is damaged & that I can live with it or have it removed & replaced with another tendon from my foot or cadaver
(Oh one other very important thing is that I wear a compression sock because of swelling & pain....may be for the rest of my life because the "clots may have permanently damaged the veins in my leg which makes me walk with a "gimp" (that's what my therapist use to call it)...
The specialist told me can't do anything about the swelling & that was a "clot" issue ..but he could get some more moblity in my leg with the tendon replacement
Bottom line is...I'm worse than before the opreration.....do I have a case?..
I realize that what the "specialist' said to me is hearsay....however I do have in my possesion all the MRI,Utrasound,X-Rays on 2 discs to back his claim...& also Physical Therapy Evalutions transcripts
I was a an avid basketball & football receational player...those days are now over....

Asked on 10/20/12, 9:45 am

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Time for a new team of medical specialists to take a look at both you, and your records. Proceed from there. Best, M. E. Zuller

Answered on 10/21/12, 2:33 pm

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