New York, NY asked in Medical Malpractice for New York

Q: Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain.

Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain. However, the doctor, even though he was aware of the pain, kept saying it was only pressure and that itll wear off. I was in A LOT of pain. I had a bit of local anesthesia which was not enough to deal with the pain. This was very traumatic. It was to point where my body was in panic due to the pain and I couldn’t stop crying to the point where my breathing would stop and all he said was “ if you keep doing that you’ll kill yourself”. Me been a patient dealing with PTSD and anxiety disorders this does not help. Thank you for your help.

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY
  • Licensed in New York

A: I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that breach of duty, and a causality (or connection) between the breach of duty and ensuing injuries/damages. To learn more about your rights here, you could consult with an attorney who handles medical malpractice claims. If the attorney feels that you have the grounds for a case, she or he could request your records and medical history and examine them in further detail. Whether or not an attorney feels you have a case they could handle, they could in the very least advise you of deadlines and statutes of limitations you must act before to preserve your legal rights.

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.