New York Personal Injury Lawyer Q&A

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ruptured appendix - hospital missed diagnosis

From: Emilia G.
Category: Medical Malpractice
Date: 24 Oct 2008
Time: 11:56:17 -0400


My sister had abdominal pain for a few days. It became worse and worse. Taken to the emergency room, underwent many tests. she was at the hospital for two days in pain, her appendix ruptured on the morning of the third day while still at the hospital. Can she sue the hospital for waiting so long to diagnose?

Re: ruptured appendix - hospital missed diagnosis

From: Paul Ajlouny, Esq.
Category: Medical Malpractice
Date: 27 Oct 2008
Time: 17:00:50 -0500


New York medical malpractice lawsuits are extremely complex, time consuming and expensive. While your sister may have a viable claim on liability, meaning that the doctors may have been negligent in failing to diagnose her sooner, unless she has some permanent injuries resulting from the delay, a few days of pain and suffering is not sufficient to bring a medical negligence lawsuit in New York. In most cases, a rear end collision is automatically the fault of the following driver. However, if it was a minor collision and you did not suffer what the law considers to be a "serious injury" New York personal injury law limits your right to recovery would be limited to your "no fault" benefits, i.e. medical bills and lost wages up to fifty thousand dollars. Please call our office at 1-800-535-5029 or email us at to discuss the details of your case. Please remember that this communication is not specific legal advice and is only an overview of general aspects of New York personal injury and negligence law. It does not create an attorney client relationship and should not be relied upon without consulting a qualified New York personal injury law firm.  

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Last changed: 07/18/19