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Malpractice Incident Involving Medical Implants in NYC: A Legal Guide

This legal question related to medical malpractice attorneys in New York has been answered.



Background: About eight months ago, I underwent a medical procedure at a reputed hospital in Manhattan to have a hip implant. Since then, I've experienced consistent and escalating pain in the area. After consulting another doctor, I was informed that the implant used was sub-standard and has been causing complications. Additionally, I've discovered that the initial surgeon might have had undisclosed affiliations with the implant manufacturer. This situation has caused me emotional distress and financial setbacks due to additional medical bills. How do I proceed legally in New York City?

Commonly posted questions...

Black and white photo of a hospital room in Bakersfield, illuminated by soft light filtering through partially drawn blinds. The room feels cold and sterile, with an empty bed in the center, neatly made but hinting at the absence of a patient. On a side table, scattered medical charts, a drug vial, and a syringe tell a story of medical procedures. The stark shadows cast on the floor and walls evoke a sense of foreboding and the challenges faced by patients navigating the complexities of medical malpractice How to Handle a Hospital Accident Leading to a Medical Malpractice Suit in Bakersfield?
1 month 2 weeks ago, medical malpractice attorneys, California

Legal Solution

The response provided below is specific to medical malpractice attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Legal Aspects of Your Situation

You're potentially dealing with a case of medical malpractice combined with potential conflicts of interest (undisclosed affiliations) in New York City. These complications require an understanding of New York's medical malpractice laws, disclosure requirements, and potential fraud.

Relevant Legal References

Navigating Your Situation

Given the intricacies of medical malpractice and potential conflicts of interest, it's crucial to engage with a specialized medical malpractice attorney in NYC. Such a professional can assist with:

  • Reviewing medical records and evidence
  • Consulting with medical experts
  • Investigating potential undisclosed affiliations
  • Filing necessary lawsuits or claims

Potential Costs

Service Average Cost in NYC
Initial consultation $250 - $700
Case review and expert consultations $2,000 - $10,000
Full representation (without trial) $10,000 - $50,000
Full representation (with trial) $50,000 - $200,000+
Investigative services $1,000 - $5,000

Note: Many medical malpractice attorneys operate on a contingency fee basis, meaning they only get paid if you win the case. This fee can range from 20% to 40% of the settlement or award.

Steps Moving Forward

  1. Document Everything: Ensure you have all medical records, bills, and any communication with the initial surgeon.
  2. Second Opinion: Have a detailed medical evaluation by an independent specialist to determine the extent of the damage and its direct link to the sub-standard implant.
  3. Legal Counsel: Engage a specialized attorney and discuss potential paths forward.

Relevant Questions for Your Situation

  • Have there been any other reported cases or lawsuits related to this implant or the surgeon?
  • Is the implant manufacturer aware of these complications?
  • Were there any informed consents signed, and did they disclose potential risks adequately?
  • Are there any regulatory complaints or actions against the surgeon or the implant manufacturer?

Q1: How is medical malpractice proven in New York?

The plaintiff must demonstrate that the healthcare provider deviated from accepted medical practices and that this deviation directly caused harm.

Q2: Is there a time limit to file a medical malpractice lawsuit in NYC?

Yes, the statute of limitations for medical malpractice in New York is typically two and a half years from the date of the malpractice or from the end of continuous treatment.

Q3: How can the undisclosed affiliations impact my case?

If the surgeon had undisclosed affiliations with the implant manufacturer, it could indicate a conflict of interest and bias in choosing the implant, strengthening your case.

Q4: What compensations can I expect in a successful lawsuit?

You could be entitled to compensation for medical bills, lost wages, pain and suffering, emotional distress, and other related damages.

Q5: How do I check the history and credentials of the initial surgeon?

You can verify a doctor's credentials, disciplinary actions, and other details through the New York State Physician Profile website.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Malpractice Incident Involving Medical Implants in NYC: A Legal Guide" has been changed 2 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: medical malpractice attorneys.
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