Legal Question in Medical Malpractice in New York

neglegance caused permanent scar

I broke an arm and had a deep cut in an ankle when out of the country. The local doctor did excellent jobs for both surgery. When I come back to New York after 4 days, the doctor in New York insisted on removing the stitches on the ankle wound against my protest that the wound was not healed and stitches shouldn't be removed for another 3-6 days according to the original doctor's instruction. As a consequence, half of the stitches were unremovable and poped out in the next few weeks, and the whole would was badly infected and left a dark scar which would not heal. I will have to do a plastic surgery later on to remove the scar (2 inches), while the other much more severe injury has healed 100 times better.

My question is - 1) will i be able to make a case against the doctor? 2) will i be compensated enough if I win to cover a reasonable cosmetic surgery or it's a waste of time and energy in this case?

I really appreciate your opinions.


Asked on 6/20/03, 4:55 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: neglegance caused permanent scar

1. If you can find doctor who will testify for you the answer to your first question is probably yes.

2. Unless you are an attractive female who is now self conscious when wearing a bathing suit I doubt it.

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Answered on 6/20/03, 5:04 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: neglegance caused permanent scar

My firm has handled many cases similar to yours with good results. Based on what you've said so for it certainly sounds like a viable claim to me and one worth pursuing. If you would like a free consultation, please call me at the toll-free (877)NYC-LAW1.

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Answered on 6/20/03, 5:23 pm
Eric Rothstein Rothstein Law PLLC

Re: neglegance caused permanent scar

If a doctor says that removing the stitches when your doctor did was a deviation from what other doctors in our area would have done, then you have a case. Assuming that you have a case, if the doctor says that you would not have needed plastic surgery but for the early removal of the stitches, then you are entitled to money to compensate you for the surgery (assuming that it is not covered by insurance) and you are also entitled to money for pain and suffering.

My firm handles these cases on a contingency basis. If you would like to discuss your case, please feel free to call me at 212-622-7180.

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Answered on 6/20/03, 8:19 pm


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