Legal Question in Medical Malpractice in New York

medical malpractice?

Had an iud from 2003 regular checkups gyno could not locate iud 10/06 said I must have expelled it She did an internal sonogram with no results Have been going from dr. to dr. over 2 years with stomach pain CT scan shows iud perforating colon & uterus Have to have major surgery do I have a case? Feel like I should have been sent for scan in 2006


Asked on 4/09/09, 10:57 pm

5 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: medical malpractice?

Determining whether you have a medical malpractice case depends on whether the doctors deviated from the standard of care. Firstly, I am very sorry for your ordeal you are going through and the surgery you will have to go through as a result. In this instance it seems that we must determine whether a sonogram meets the criterion of the standard of care utilized in checking to see whether your iud was expelled by your body. My feeling is that all tests should have been conducted to be 100% certain and that the doctors certainly failed on some level. Please contact me, Pasquale Calcagno, Esq., for a free legal medical malpractice consultation at 1(800)WE-FIGHT and you can visit us on the web for useful information regarding medical malpractice at www.1800wefight.com. I look forward to fighting hard for your rights and making these doctors pay. We have convenient locations all over New York for you to meet with us and we can send an attorney out to you if requested. Again, I am very sorry for your terrible circumstances.

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Answered on 4/12/09, 10:08 am
John Harwick, Esq. Hacker Murphy, LLP (www.hackermurphy.com)

Re: medical malpractice?

I think you have a case that is worth looking into. Malpractice attorneys in New York will meet with you for free and sometimes even have your case reviewed by a medical expert at no charge.

John Harwick, Esq.

Hacker & Murphy, LLP

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Answered on 4/10/09, 6:47 am

Re: medical malpractice?

The statute of limitations is 2 1/2 years from the day of the malpractice unless extended by continuois treatment for the same complaint. It sounds like the statute of limitations either expired earlier this month or will expire later this month. What day in 10/06 was your dr. appointment. If it has not expired, I am interested in your case so feel free to cobtact me. The above is meant for informational purposes only and not legal advice.

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Answered on 4/10/09, 7:11 am

Re: medical malpractice?

Two and one half year statute of limitations on medical malpractice cases, starting on the day of the error or the last day of continuous treatment following the error. Hard to know from the skeletal story who did what and when. Need more info. Best, M. E. Zuller

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Answered on 4/10/09, 8:55 am
Andrew Barovick Andrew J. Barovick, P.C.

Re: medical malpractice?

It's difficult to know whether you have a case without more facts, but the one thing you need to focus on immediately is the 2 and 1/2 year statute of limitations, which allows only that amount of time to commence a med mal suit, from the time of the alleged malpractice. If October, 2006, was the last time the OB/GYN cared for you, than the statute is close to running out, and you should talk to a lawyer quickly.

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Answered on 4/10/09, 10:54 am


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