Legal Question in Medical Malpractice in New York

Misdiagnosed Stroke

I would like to find out if we have a case for malpractice. My fiance had two strokes in Jan 04. I am a nursing student, and immediately called 911 at the onset of his symptoms. I told 911, the EMTs, and the ER of our local trauma center that J was having a stroke. After a negative CT scan, the doctor elected to ''wait until tomorrow'' to see how J was doing, before doing an MRI or calling a neurologist. J was admitted for deep inner ear infection. Two days later, we were told he had TWO strokes. One in the motor cortex, causing right-sided weakness, and a much larger one that killed most of his cerebellum (center for balance and equilibrium). Because of this misdiagnosis and no immediate treatment to reverse stroke damage (tPA therapy)...J has a permanent right-side weakness and permanent loss of balance and equilibrium. Is the doctor negligent? He went against my wishes as J's health care proxy, and did nothing. Now J will never be able to dance at our wedding.


Asked on 11/02/04, 1:22 am

1 Answer from Attorneys

Eric Rothstein Rothstein Law PLLC

Re: Misdiagnosed Stroke

You may have a case but .... In NY, a doctor must certify that a case of medical malpractice exists before a lawyer can file a case. You should contact an attorney who handles medical malpractice actions and that attorney will get the medical records for review by a doctor. My office handles these cases on a contigency basis so if you would like to discuss the case please feel free to call me at 212-622-7180.

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Answered on 11/02/04, 7:30 am


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