Legal Question in Medical Malpractice in New York

numbness after a laproscopy

I had a laproscopy in late February... After the operation the area has been numb. I went to my doctor he said that it would go away but it hasnt. I am thinking that it could be possible nerve damage. Do I have a case and have I ran out of time ( I have medicaid insurance)?


Asked on 7/20/08, 1:18 am

2 Answers from Attorneys

Scott Levinson Korybski & Levinson

Re: numbness after a laproscopy

You have not run out of time to pursue this. The statute of limitations for medical malpractice actions in NY is 2 1/2 years. It is much less for cases against municipal hospitals and a notice of claim needs to be filed within 90 days. However, even if that has not been done, you could seek permission from the court to file a late notice of claim, but that should be done immediately. As for the issues regarding whether or not you "have a case," more information is needed. You should consult with an attorney and it will also be necessary to have your medical records reviewed by a physician to determine the possible cause, extent and permanency of your medical condition. Our firm handles medical malpractice cases and I would be happy to discuss your options with you in greater detail. Please feel free to contact me at your earliest convenience.

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Answered on 7/21/08, 9:32 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: numbness after a laproscopy

The answer is maybe... You have 2 1/2 years to bring a medical malpractice action. However, if your surgery was done in a New York Health and Hospital Corporation Hospital you have 90 days from the date of accident to file a claim with the State of New York. You should consult a lawyer immediately.

I have worked on several laproscopic surgery cases and I could help you. I would need more information... such as 1) have you had any prior laproscopic surgeries? 2) did the doctor tell you prior to surgery that you had adhesions 3) did the surgery involve your bowels? 4) besides your nerve damage, what are your permanent damages (do you need a colostomy bad, do you have a paralyzed organ etc.).5) did any doctor tell you that you had permanent nerve damage? Please advise and email your response to [email protected] (not the general website).

Thanks,

Jason Kessler, Esq.

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Answered on 7/20/08, 9:35 am


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