Legal Question in Medical Malpractice in New York

My mother didn't receive tba for stroke in a level 1 trauma er

My mother had a stroke in 2000. She arrived to the hospital (Level 1

trauma ER) within the first 30-45min of her stroke. No bleed or water

was on her brain on arrival. She was coherent, no right side movement

and unable to speak. Three days later her stroke evolved into a massive

stroke with bleeding on the brain. I was recently made aware of a drug

called TBA that was FDA approved in 1996 which reverses the effects

cause by a stroke if given to patients within the first 3 hrs of their

stroke. In 2000 Level 1 trauma ER's had TBA on hand but my mother

DID NOT receive it. I was there every second with her in thew ER, and

this treatment was not presented to me as an option. Needless to say

my Mom was left speech impaired and is mostly wheelchair bound.

Through further research, only 2% of stroke patients have received this

since FDA approval. I learned of this due to a successful lawsuit I read

about by a woman who went to a hospital (LEVEL 1 TRAUMA) a few

miles away from my Mom's hospital in 2000. They did not treat her

stroke with TBA even tho they had it on hand. She won her suit.What is

the stature of limitation for medical malpractice in NYC,and

does my Mom have a case?

Asked on 11/08/04, 2:51 am

2 Answers from Attorneys

Vincent L. Gonzalez Vincent L. Gonzalez, Esq

Re: My mother didn't receive tba for stroke in a level 1 trauma er

The treatment you are referring to is tPA. Unfortunately, the med-mal statute of limitations in NY is 2 1/2 years. There are some exceptions that extend the period such as continuous treatment for the same condition by the same medical provider. However, absent such an exception, your mother's claim is time-barred.

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Answered on 11/08/04, 6:38 am
Andrew Frisch Morgan & Morgan, P.A.

Re: My mother didn't receive tba for stroke in a level 1 trauma er

The statute of limitations for a medical malpractice case in NY is generally 2 1/2 years. In some cases, it may be even shorter (if you are suing a hospital run by the NYC Health and Hospitals Corp.)

However, under some scenarios the Statute of Limitations is tolled/extended/stalled. Based on the limited facts you have presented there is reason to believe that your mother may qualify for such a tolling of the statute of limitations.

To find out if your mother's case is such a case feel free to contact me at (212)977-7033 or (888)997-2354.

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Answered on 11/08/04, 7:47 am

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