A man had three eye surgeries between 2007 and 2008 according to a recent issue of the New York Law Journal. After the surgeries, he had post-operative appointments with his hospital doctors that were important for his health. He kept these appointments and attended them regularly. In 2012, the man accused his doctors of medical malpractice. The doctorâ€™s attorneys responded that the man had waited too long to make this claim. A claim of medical malpractice can only be made for a short time after the alleged malpractice. However, as the injured man argued, his treatment was extended by several years because of his regular follow-up visits. The doctors stated that the treatment ended September, 2010, whereas the man claimed that he was treated through the time he filed the claim–2012. The man considered his treatment continuous as there was always an expectation of further treatment at the next appointment even though time elapsed between appointments.
The court sided with the man and not the doctors or the hospital. The court said that the manâ€™s accusation of medical malpractice was timely and that, even though, his surgery was over years ago, his treatment still continued so he was still able to make that claim. Thus, the breaks in time in-between appointments did not mean that the manâ€™s time to put forth a malpractice claim had elapsed because the treatment was still ongoingÂ by virtue of its continuity.
If you have been injured at the hands of a doctor and the doctor had deviated from the normal standards of care within his or her profession, then you may be able to bring forth a medical malpractice lawsuit. If you win the lawsuit, then you may be eligible for a cash settlement to compensate you for pain and suffering, medical bills and lost wages; all past, present and future. Contact an attorney immediately if you believe that your doctor has committed medical malpractice. Jayson Lutzky is an experienced personal injury and malpractice attorney. He has recovered millions for his clients over the years. With more than 31 years of experience and an office conveniently located in the Bronx, New York, Mr. Lutzky is well-situated to help you in a variety of situations. Call 718-514-6619 to set up a free in person consultation. Home and hospital consultations are available if you have been seriously injured. Visit www.MyNewYorkCityLawyer.com to learn more about attorney Lutzky.