Legal Question in Medical Malpractice in New York

My mother has a proxy and I'm on it to make decisions for her but the hospital failed to let us know she was going completely under for an MRI, due to her being put under complete sedation she is now on a ventilator. How can I go about this .? I would really appreciate advice on this matter , thank you

Asked on 3/31/12, 2:23 pm

2 Answers from Attorneys

Michael E. Zuller Zuller Law Offices

Best to get all the hospital records currently availabl , and a copy of the proxy, and have it reviewed by an attorney. Best, M. E. Zuller

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Answered on 4/01/12, 4:34 pm

Jim Avery Avery Law Firm (NY-CO-IN)

The hospital and physician (radiologist) are required to inform you of the nature of the procedure and the usual risks in what is called a 'consent'. The consent is typically reduced to writing and made a part of the hospital record. It should have been signed by you or your mother. Since you are not aware of it, I assume that your mother may have been presented with it to sign. You will want to get a copy of the consent form, for starters. That doesn't exonerate them from malpractice or negligence. The cause of the injury (respiratory arrest I presume) needs to be investigated thoroughly, which is usually done by a physician hired by an attorney. This is all typically done on a 'contingency' arrangement whereas you don't pay any fees unless there is a recovery. I would be glad to answer your questions more specifically if you call me. Toll free 866-987-4368 (866-9-URGENT).

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Answered on 4/11/12, 2:44 pm

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