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Questions & Answers


September 18, 2019

Will it be malpractice?

Question:

Two years ago a mass was found in my breast, the mammogram confirmed that the mass was "suspicious" and should be monitored at 6 month intervals but the doctor I was seeing at the time never really acknowledged it and it was never monitored (I wasn't able to see anyone for it without his referral) I am now trying to have it checked again with a new doctor, so my question is if it's now shown to be malignant and could have been caught during those two years would it be malpractice?

Answer:

A suspicious mass that was not properly treated is a feature of every case I've handled that involves delayed-diagnosis of breast cancer. The statute of limitations is 2 1/2 years in NY, so you would need to act quickly.


August 5, 2019

Just found out I have a younger Brother and sister would that complicate a wrongful death lawsuit ?

Question:

My father was killed in a cycling accident and while preparing my case I found out I may have a brother and sister. They don’t have my fathers last name will this pose a problem

Answer:

Non-marital children may be "distributees" of any amount recovered in a wrongful death lawsuit if paternity has been established. These are complex cases with proceedings in both Surrogate's court and Supreme court.


July 18, 2019

Can I sue a plastic surgeon for emotional distress due to liposuction that left me lopsided. It was 3yrs and 8 months ago

Question:

I had breast reconstruction after being diagnosed and treated for breast cancer. At the time of exchanging the expanders for implants, the plastic surgeon was to also remove some fat from hips to help plump up the deep scars that were left from the initial surgery. By doing so I believe he lipoed more from one side than the other, which left me lopsided and distressed for the longest time. I made him aware of my concern at my follow up visit and he said let’s wait until all the swelling goes down or just lose weight. I was taken aback by his remark. When I first walked into his office I was not lopsided, I’m no surgeon but common sense tells me that if you take 2 cc’s out of one side you would take 2 cc’s out of the other whether you use the fat or not, you throw it away, so your patient doesn’t leave lopsided. I haven’t been back since. At that time we were postponing anything else because I had to start chemo and other surgeries that were more important. I look in the mirror to this day and still can’t believe a plastic surgeon would be that careless.

Answer:

Dissatisfaction with the results of a cosmetic procedure rarely amounts to a medical malpractice case, unless there was a 'departure from the accepted standard of care' on the part of the surgeon resulting in permanent injury. You are entitled to receive a copy of the operative report from the surgeon, which might explain the imbalance. If there was surgical malpractice, as Mr. Bower noted, you would have had to file suit within 2 1/2 years of surgery. You don't say if you ever returned to the surgeon after the first follow-up visit, but you could always seek out another plastic surgeon to correct the aesthetics. Best of luck.


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