Legal Question in Medical Malpractice in New York

The answer is that it depends. I know that is not the response you are looking for, but it is the best one to give without having more details. It is important to know that even if there is legal recourse (which can best be determined by hiring an expert), it will be difficult to determine any malpractice because it is difficult to prove that any infection was caused by the injections. Further, even if you could prove causality, the informed consent which was probably signed by your wife priro to the procedure probably would indicate that an infection is a risk of such a procedure (it is well known in the field that a risk of an epidural is an infection) and thus probably not an actionable suit. Finally, the extent of the damages is hard to quantify in this case because we don't know if/how she will recovery.

I wish your wife a speedy recovery. If you would like to discuss this or any other legal matter, please feel free to contact my office at (631) 244-1484.

Jeffrey M. Donato, Esq., P.L.L.C.

80 Orville Drive, Suite 140

Bohemia, New York 11716

THIS RESPONSE DOES NOT IMPLY OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. NO ATTORNEY-CLIENT RELATIONSHIP IS IMPLIED OR CREATED BY RESPONDING OR FAILING TO RESPOND TO THIS RESPONSE. THIS RESPONSE DOES NOT PROVIDE LEGAL ADVICE. FOR LEGAL ADVICE, YOU SHOULD CONSULT AN ATTORNEY.

There is a sterile technique that should be followed during the injection process. While the contracting of an infection can statistically occur, it is important to know the details of the injection process. Were gloves worn? Was the syringe and needle removed from a sterile package? Was the injected area sterilized first? Was the dosage of medication administered all at once? Was the needle ever detached? Were single-use vials of medication used? Best to consult a medical malpractice attorney after piecing together and sharply recalling what went on at the time of the injection. Best, M. E. Zuller

I am very sorry for your wifes terrible ordeal. You may have a case but it depends largely on the specific facts as infection cases are not the easiest to prove from a liability standpoint. An infection is a risk in any procedure but when it comes to injections there are protocols and standards of care that must be followed. A deviation from any of the accepted standards relating to this injection procedure can make a case.

Please call me, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT to discuss the details of your claim. You can also visit us on the web at www.1800wefight.com. We have convenient locations all over New York and can even have an attorney come to you upon request. I look forward to speaking with you and fighting hard for your rights.