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Surgical error - hematoma

From: Jennifer P -
Category: Medical Malpractice


I underwent partial hysterectomy in March 2007 for continuous menstrual bleeding after having my daughter in 1/04. Immediately following the surgery I had severe abdominal pain and freq. urination and was told in the hospital it was post op pain and urine freq./urge from the cath that was inserted during surgery. The pain did not subside and got worse and 2 days later I was diagnosed with hematoma directly on my bladder from internal bleeding. Admitted into the hospital for 4 days for observation and drainage of the hematoma, though drainage ended up not being performed. Few months later the hematoma went away but since the day of surgery I have experienced the same pain/urine freq and now I am being treated by a urologist for possible Interstitial cystitis. I have tried several medications oral and inserted in my bladder with no results. I am being told by the urologist that it is coincidence. Thank you for your time.

From: Paul Ajlouny
Category: Medical Malpractice


The statute of limitations for a medical malpractice lawsuit (the time you have to bring suit) in New York is generally 2 years, 6 months after the cause of action arises. It appears from your description that the statute of limitations on this claim has expired. However, there are certain circumstances that can toll or extend the time limit. I cannot be sure from your description whether any of these circumstances apply. Before deciding how to proceed, you should consult with a New York personal injury lawyer in further detail. Please remember that this communication is not meant to be comprehensive legal advice, nor is it intended to create an attorney/client relationship. It is simply a brief overview of relevant aspects of New York personal injury and/or medical malpractice law. You should consult directly with our office before making any decisions about how to proceed.

Regards: Paul Ajlouny

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