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I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More 
answered on Mar 24, 2025
I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More
I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More
answered on Mar 25, 2025
Under the doctrine of continuous treatment, the statute of limitations is tolled until the last date of treatment where there has been continuous treatment for the condition giving rise to the malpractice action. There has to be some objective continuity between the patient's complaints and... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 14, 2025
I'm sorry this happened to you. In terms of guidance, your best starting point could be to reach out to attorneys to discuss. Based on the quality and detail level of your post, that's something you likely already knew. If a law firm expressed interest in exploring the matter further for... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 14, 2025
Addendum - Just an added point about timetables and deadlines here. If this involved public medical facilities or healthcare providers with any form of government affiliation, that could add the additional element of notices of claims. As opposed to private hospitals or facilities, such notices of... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 17, 2025
Sorry to hear what happened to you. As my colleague correctly advised, obtain copies of your medical records, take photographs of your scar, and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Without... View More
I want to know if I can sue my dentist for dosing off twice while injecting me with local anesthesia, the most recent incident occurring last month. I'm concerned about the implications of his behavior and any potential harm it might cause.
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answered on Mar 11, 2025
I’m sorry to hear about your concerns regarding your dental treatment. In New York, if a dentist’s actions—such as dosing off during a procedure—result in harm or potential harm, you may have a valid claim for medical malpractice. However, whether you can successfully sue depends on several... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
answered on Mar 12, 2025
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... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
answered on Mar 12, 2025
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... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
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answered on Mar 11, 2025
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... View More
I have been visiting a dental office for the past 4 years, and I had periodontal surgery about 2 years ago; however, not all teeth were operated on. My bottom incisors are now shaking, and one has swollen gums with pus underneath. I reported gum separation to the dentist at a follow-up two weeks... View More
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answered on Mar 11, 2025
I'm sorry to hear about the issues you’ve been experiencing with your dental treatment. It’s understandable to feel concerned, especially when there are ongoing problems with your gums and teeth, and when important information, like bone loss, was not disclosed to you earlier.
In... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More
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answered on Mar 11, 2025
I'm sorry to hear about the pain and discomfort you're experiencing following your MRI. A rib fracture is a serious injury, and it’s concerning that it occurred during the procedure. In New York, if a medical procedure causes harm, such as a rib fracture during an MRI, you may have a... View More
I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More
answered on Feb 28, 2025
I'm sorry for your painful injury. Your options, if you are considering pursuing this legally, would be to try to set up a consult with law firms. Free initial consults without obligation are the norm for such cases. If a law firm expressed interest in such a case, they could retrieve your... View More
I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More
answered on Feb 28, 2025
Sorry to hear what happened to you. Apart from seeking the necessary medical attention, you can try speaking with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. That said, given the cost of malpractice actions, you... View More
I reside in New York State and had a dermal filler procedure at a med spa in Saratoga Springs, NY. The nurse injected filler between my eyes without warning me of the risks of blindness. Although I didn't suffer complications, I believe this was negligent. The filler injected into my lips... View More
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answered on Mar 11, 2025
I’m sorry to hear about the difficulties you're facing with your dermal filler procedure. In New York, you may have grounds for a negligence or medical malpractice claim, depending on the circumstances surrounding the procedure and the resulting complications.
To pursue a negligence... View More
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answered on Jan 20, 2025
I'm sorry to hear about the situation you're dealing with. It’s understandably concerning to discover that stitches were left in your leg for such a long period. In New York, medical malpractice claims arise when a healthcare provider deviates from accepted standards of medical care,... View More
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?
answered on Jan 9, 2025
NYS requires 6 yea retention of patient reocrds:
(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
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answered on Feb 3, 2025
I'm sorry to hear about the difficulties you are facing with your medical records and your health. Accessing medical records is an important step in addressing concerns related to a surgery, particularly if you believe medical negligence occurred.
Under New York Public Health Law §... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 8, 2025
I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 14, 2025
Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More
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