May 22, 2014

Question

Plate was put in 06' broke shortly after, visited doctors, but no one could offer help, visited doctor last week, says the plate that was put in was the wrong plate, preventing non - union fracture to heal and caused more damage, tearing tendons and , broken plate shifted and tearing cartilage and causing severe displacement, surgical screws are now coming loose, pain is now unbearable, waiting for results of CT scan

Answer

As my colleagues have said, the statute of limitations in New York for dental malpractice is 2 1/2 years from the date of malpractice or from the end of continuous treatment rendered by the party you intend to sue. If you weren't still treating in 2012 with the doctor who put the plate in, you're out of luck. I'm left wondering why you waited so long...and how were you getting around in all this time after the plate "broke" in 2006?! It doesn't add up. Did you have an accident since you had the plate put in??


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