New York Personal Injury Lawyer Q&A

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Medical Malpractice Law - Knee Surgery

From: James
Category: Medical Malpractice
Date: 26 Jan 2008
Time: 12:04:53 -0500


I had had knee surgery done, post-operative I was suppose to have drainage tubes in place for excess fluid and blood, upon transfering from o.r. to pacu, the hemovac came out. I was returned to surgery 10 days later to to re-open the wound, drain the excess fluid accumulation, and 4 more days in the hospital. The doctor blamed the excess fluid and bleeding from the wound on coumadin ( drug used to inhibit the synthesis of clotting factors, thus preventing blood clot formation). I have copies of the orders for the hospital's stay, which show no orders for coumadin. Do you think I may have a malpractice case?

Re: Medical Malpractice Law - Knee Surgery

From: Paul Ajlouny, Esq.
Category: Medical Malpractice
Date: 04 Feb 2008
Time: 17:15:31 -0500


Like any New York negligence or personal injury lawsuit, a medical malpractice lawsuit needs three basic things to be successful: fault on the part of the defendant, damages i.e. injuries suffered by the plainitff and a causal relationship between the fault and the damages. While it is difficult to fully evaluate your claim from this brief description, it appears that the first factor is present i.e. fault on the part of the doctors and/or nurses. It also appears that there is a causal relationship between that fault and the damages i.e. the additional hospitalization. However, New York medical malpractice lawsuits are complex and tend to be more expensive and resource intensive than general negligence cases like car accident or slip and fall cases. In this case, it seems that the damages, the additional hospital stay and treatment, are minimal and would not justify the cost and effort involved in bringing a medical malpractice lawsuit. Please remember that this is not intended to be comprehensive legal advice nor is it intended to create a lawyer client relationship. It should not be relied upon without further consultation with our office or another attorney. Regards: Paul Ajlouny, Esq.  

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