Legal Question in Medical Malpractice in New York

Tape from bladder Suspension inside bladder

In August of 2008 I had my bladder suspended while doing so the Dr. broke the tape 3 times and a piece of it went inside of my uretha tube into the bladder and crytalized.Since then I have had two surgeries to fix it and now I have to have a third. My question is why do I not have a case against the first dr at least shouldnt she have to pay for the follow up surgerys? With the first 3 I didn't have to stay in the hospital but I still owe thousands of dollars after what my insurance paid. This next surgery will require a hospital stay at least 2 hours away from where I live. If this Dr. cannot fix it my next alternative is to go to the Cleveland Clinic which is over 300 miles from my home in PA.The other 3 surgerys were all done in New York State.


Asked on 7/15/09, 5:21 pm

3 Answers from Attorneys

Re: Tape from bladder Suspension inside bladder

As with many potential medical malpractice claims, there is a world of difference between a bad result and a departure from accepted practice. You, undoubtedly, had a bad result from a procedure. The question only another surgeon practicing in this field can answer is whether what happened was an "accepted risk" of the procedure, or a result of bad technique or other error. If "broken tape" is an accepted risk, this will be a defensible case. You might try getting your treating doctors to discuss the question with you. Best, M. E. Zuller

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Answered on 7/15/09, 9:48 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: Tape from bladder Suspension inside bladder

Generally, you are within your rights to file suit against the doctor who is responsible for the malpractice. Unfortunately your description of how the accident happened, in terms of how many other doctors you saw and who was involved, is not clear to me. Medical malpractice cases are very complex at times and expensive to litigate. If you are looking for a lawyer to speak to feel free to contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com for helpful resources on medical malpractice cases. I look forward to speaking to you.

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Answered on 7/17/09, 4:33 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: Tape from bladder Suspension inside bladder

If I understood correctly, the incident you are concerned about took place in New York State.

Accordingly, if you believe that you may have been a victim of malpractice, I urge you to contact New York State malpractice attorneys as soon as possible to see if one is interested in taking your case. As far as your questions about billing, they should also be addressed to a licensed New York attorney.

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Answered on 7/16/09, 9:14 pm


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