Q: Broke my ankle few years ago,after a cast he said pain was arthritis. Got a MRI n have a torn ligament. Do I have a cae
I broke my ankle few years back and after the cast I went back because of pain and doc said arthritis. I've had pain since, finally today I went to a new doctor and got s MRI and I have a torn ligament
A:
If you came into my office today the first question I would ask you is "how many years ago"?
The statute of limitations is 2 1/2 years for an action for medical malpractice in New York state… However, an exception is made sometimes, if the patient can prove he/she did not learn about the malpractice until later, in which case, The 2 1/2 years are calculated from the time the patient either "new about the malpractice, or, should've known about the malpractice".
There are many other questions that would need to be answered during your consultation, and any attorney you hired would have to review your medical records, or in the case of our firm have a medical expert review them and then report back, because for an action in medical malpractice you must prove four elements: 1. Duty of care by med provider, 2., A breach of the duty, 3., causation… Meaning that the alleged malpractice actually resulted in your injury (aka damages), and, 4., damages.
Most firms who concentrate in medical malpractice, including ours, offer a free consultation in these matters… Please feel free to contact the undersigned if you would like any more questions answered free of charge.
Aubrey C. Galloway III, Esq
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
