Oneida, NY asked in Medical Malpractice and Personal Injury for New York

Q: Hi. I traveled to New Jersey for a hip injection from upstate NY and I am curious about legal action.

I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My right hip was injected. I was given a stress ball to hold in my left hand while the injection happened. I got off the table and immediately didn’t feel right, but was rushed out due to the snowstorm. Immediately as I got into the car I had severe pain around the head, burning pain down my arms, couldn’t open my jaw, tachycardia, and severe pain. I went to the er in upstate when we got home multiple times and primary with no answers. Seven months suffering, I found an upper cervical chiropractor who found that I had six cervical vertebrates out of alignment. (I have the chiropractic X-rays) Also a unilateral anterior pelvic tilt. is this something I can take action for? I am still healing

2 Lawyer Answers
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • Medical Malpractice Lawyer
  • New York, NY
  • Licensed in New York

A: Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below the accepted standard of care AND that such treatment caused you harm, there'd be no basis for bringing a malpractice lawsuit (which would likely have to be brought in New Jersey which is where the treatment was rendered).

Tim Akpinar agrees with this answer

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

A: I'm sorry for your painful ordeal. Additional information would be helpful in answering your question. If the theory you contemplate is based on a failure to diagnose the six misaligned vertebrae prior to the diagnosis by your chiropractor, it would be helpful to have more details on the role of the facility that administered the injections and their medical duties. Based on the facts presented in your post, I don't see the basis for a case. You could try to arrange a free initial consult with law firms - they could see things differently, and that could address your question more thoroughly with additional details. Good luck

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