Buffalo, NY asked in Medical Malpractice and Wrongful Death for New York

Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up if need be, and continue ECMO. While in the procedure, I get a call 4-5 hrs later. Stating S'lse heart stopped 30 mins after being taken off ECMO. I wasn't notified. The doctors said they tried 4 times. The doctor stated they don't know what happened. A month after S'lse death. I read in the newspaper article. The founder of the children's hospital, his granddaughter has HLHS, she had her surgery 7 days after she was born and she had a successful surgery and got to go home. I was told they don't know what happened.

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

A: I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you are interested in pursuing a lawsuit, the first thing you should do is to contact an attorney to discuss the matter in further detail. An experienced attorney would very likely want to retrieve the records and review them with the assistance of a medical professional. Such cases are generally handled on a contingency basis and most attorneys provide free initial consultations. The element of the outcome of the hospital founder's daughter's HLHS case is difficult to comment on meaningfully without additional information. Good luck

Tim Akpinar

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