Legal Question in Medical Malpractice in New York

mal practice

My wife had her galbladder takemn ouy in early 2002 but after wwas not ever out of ab.pain went yo mexico in 2006 she got sick thought it was water came back to states ended up in er twice her own doc said acid reflux 2nd time in er more tests showed that the galbladder was still there had to have second surgery to remove the rest 2nd surgeon said he had never seen something like that bfore . do we have acase?


Asked on 1/05/07, 7:57 am

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Re: mal practice

There is generally a 2.5 year statute of limitations in Med Mal cases but where there was no way to know of the malpractice as here the statute can be extended. You could bring a lawsuit. Should you is another question. the second surgery and the years of pain likely related the the first surgery give rise to compensable damages but because your wife is now significantly better the total amount of damages may not be as high as would justify puitting her through the annoyance of a lawsuit. The deciding factors in all of this will be the medical records. you should immediately get copies of all of the medical records from the first surgery through today from every doctor she has seen. You should then set up an appointment with an attorney very experienced in malpractice litigation. The appointment should be for a free case evaluation where the attorney actually goes through the complete medical file. If you would like to talk to me about this please feel free to contact me by email and i will get in touch with you directly. I could also help you to find an attorney in the Owego/Binghamton area with the experience you need.

Good luck.

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Answered on 1/05/07, 8:32 am


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