Legal Question in Medical Malpractice in New York

negligence resulted in kidney failure

I went to a doctor with a high BP condition in 2001, he gave me some medication, performed blood tests. The blood tests indicated an abnormal levels of certain components, indicating a kidney disease. The doctor overlooked that fact and continued with medication. I didn't know how to interpret these either. Since my condition was worsening I went to see another doctor few months ago, there the current doctor diagnosed it to be an advanced kidney failure because it has worsened and became chronic. The only option remaining for me is a kidney transplant. I can't afford this monetarily. Can I take any action legally against my original doctor?

Asked on 8/19/03, 2:51 pm

2 Answers from Attorneys

Andrew Frisch Morgan & Morgan, P.A.

Re: negligence resulted in kidney failure

I am sorry for your unfortunate circumstances. Based on what you've said thus far, it certainly sounds like you may have a viable case against your original doctor for misdiagnosing your condition and/or keeping you on medication which may have made your kidney condition worse. Under the circumstances I would recommend that you speak with an attorney as soon as possible as medical malpractice cases have shortened statutes of limitations.

If you'd like a free consultation, I'd be happy to answer any questions you might have. You can reach me toll-free at (877)NYC-LAW1 or (888)997-2354. You can also email me at the address below.

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Answered on 8/19/03, 3:00 pm
Eric Rothstein Rothstein Law PLLC

Re: negligence resulted in kidney failure

It sounds like you may have a case for medical malpractice but you need to move FAST because the statute of limitations is only 2 1/2 years. It depends when in 2001 this took place. The statute can be extended if you were receiving continuous treatment from the doctor for the same condition.

In order to commence a medical malpractice case in New York, you would have to get another doctor to give an opinion that the first doctor committed malpractice. This is something your lawyer would take care of. My firm handles these type of cases on a contingency fee. Please feel free to call me at 212-622-7180 if you wish to discuss your case.

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Answered on 8/19/03, 4:26 pm

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