Legal Question in Medical Malpractice in New York

medical malpractice due to overdosing a patient

i want to know if i have a case. for three years i have been told that i was diabetic and i have been found unconscious at least 4 times in the last month. The last episode was just two days ago. i ve since changed doctors.the new doctor states that i dont even need previous doctor was treating me with over 400 units of insulin a day. my new doctor says that based on the blood work he ordered it appears that im not even diabetic based on those results. i would like to know if i have a case against the other doctor that was overdosing me. the er doctor states that had i not come in via ambulance i would be dead.

Asked on 11/07/03, 5:41 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: medical malpractice due to overdosing a patient

The answer to your question is you certainly do have a POTENTIAL case. I say "potential" because your medical records and circumstances must still be reviewed to make a final determination. Please bear in mind that the time limits to bring a medical malpractice case are short and you should act promptly to consult with an attorney. My firm is available for consultation in this type of case.

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Answered on 11/07/03, 5:50 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: medical malpractice due to overdosing a patient

A complete medical review of your circumstances is required before an appropriate decision canbe made..but surely on its face there appears to be enough to warrant an investigation into the matter.

The statute of limitations on medical malpractice differs from general negligence. Contact an attorney to discuss your matter sooner rather than later. In the event that you need some names of medical malpractice attorneys in the Capital Region, please contact me.

Good Luck


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Answered on 11/07/03, 7:00 pm
Eric Rothstein Rothstein Law PLLC

Re: medical malpractice due to overdosing a patient

You may have a case. In order to commence a medical malpractice case in New York, a physician must review the case and give the attorney an opinion that malpractice has been committed. Another consideration is damages. Your question did not provide enough information regarding damages. For instance, how have you suffered by taking the medication? Has it caused damage to you health and is the damage permanent?

If you want to pursue a case, you should consult with an attorney ASAP. The statute of limitations for a medical malpractice case is 2 and 1/2 years from the commission of the malpractice. However, that time limit can be extended if you have been under the "continuous care" of the same doctor for the diabetes condition. My office handles these cases on a contigency basis. If you wish to discuss the case further you may email me (I check it over the weekend) or call me in the office on Monday at 212-622-7180. Good Luck.

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Answered on 11/07/03, 7:16 pm

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