Legal Question in Medical Malpractice in New York

How long do I wait before seeking a lawyer?

3 months ago, I went to a father/son general surgery team for an inguinal hernia repair. The surgery was performed by the son. Since the day of surgery, I have a numbness in my entire thigh on the side of the repair. My doctor has been saying to give it more time. On my last visit, he said he wants his father to look at me and talk about steroid injections, because he may have damaged the nerve. He also said that if his father does not want to do the injection, he would send me to a pain mgt doctor to have the nerve blocked. I am starting to worry that this might be a permanent problem. How long should I let this doctor try to correct this before I seek a lawyer's help? Would this be malpractice or just a side effect?

Asked on 4/27/04, 9:46 pm

2 Answers from Attorneys

Robert R. Groezinger GroezingerLaw P.C.

Re: How long do I wait before seeking a lawyer?

That is hard to tell. My first suggestion is to see another doctor for a second opinion.

The time within which to sue is generally 2-1/2 years from the date of last treatment.

Contact me with any specific questions at 845-878-2163.

Good Luck


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Answered on 4/27/04, 10:35 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: How long do I wait before seeking a lawyer?

The most important thing is your health. Therefore, you should immediately seek out a doctor to figure out what condition you may have. If you think there is nerve damage then a neurologist is the appropriate doctor to see.

However, you should probably terminate your relationship with the doctor in question.

In any case, you have 2 1/2 years from the last date you treated with the possibly malpracticing doctors in which to bring a case against him if it is determined that he departed from accepted medical practice.

Call me for a (free) further consultation at (877)692-5291.

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Answered on 4/28/04, 8:15 am

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