Q: Brain surgery complications and avoidance by surgeon, potential case inquiry.

A: I'm sorry to hear about the complications you're facing and the lack of follow-up care. It’s important to address any concerns related to your post-surgery treatment, especially when complications arise after a serious procedure like brain surgery.

In New York, you may have legal grounds for a medical malpractice claim if the surgeon's actions or lack of follow-up care contributed to your ongoing health issues. Medical malpractice occurs when a healthcare professional fails to provide care that meets the accepted standard, and that failure causes harm to the patient. In your case, if the surgeon's failure to follow up or avoid your attempts to seek care resulted in further harm or worsened your condition, this could potentially be considered malpractice.

The fact that the surgeon’s office has repeatedly rescheduled, canceled appointments, and avoided your attempts to seek care is concerning. After such a significant surgery, follow-up care is critical, and a surgeon has a duty to ensure that post-operative care is provided or that alternative arrangements are made if they are unavailable. If you can demonstrate that the surgeon failed to fulfill this duty and that it led to a worsening of your condition, you may have a case for failure to provide adequate care or abandonment.

Your next steps should include gathering all relevant medical records, including reports from your surgery, any communication with the surgeon’s office, and records showing the lack of follow-up care. It may also be helpful to seek a second opinion from another medical professional to determine whether the complications you are experiencing are directly related to the surgeon’s lack of follow-up care.

In addition, it’s important to note that in New York, the statute of limitations for medical malpractice cases is typically 2.5 years from the date of the alleged malpractice. If you believe you have a valid case, consulting with a medical malpractice attorney is highly recommended. A lawyer will be able to review your medical records, assess the merits of your case, and help you determine whether you should pursue a lawsuit against the surgeon for the complications and lack of follow-up care.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: I'm sorry for your ordeal in this matter. You ask if you have a case. It could be difficult for attorneys to answer your question meaningfully and reliably, based on the limited facts here. Law firms will need to know more about the surgery-related complications you mention. Law firms will also have questions about the timeline here, which dates back to 2019 - and the events that took place since the surgery, to better assess statute of limitations considerations. The most reliable way to begin to answer your question would be to reach out to law firms to arrange a free initial consult. Good luck

A: So sorry to hear what happened to you. The statute of limitations for medical malpractice cases in New York is 2.5 years from the date of malpractice. Where there is continuous treatment for the condition giving rise to the lawsuit, the statute of limitations begins to run from the last date of treatment. Putting aside the SOL issue in your case, that you suffered complications, without more, does not necessarily mean the surgeon departed from the standard of care.