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med. malpractice...wrongful death.

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In 1993 my husband went thru surgery at a large New York medical complex to biopsy and stage cancer which had re-occurred for the third time. He had a laporotomy and was in the hospital for approx 2 weeks, we were informed that the results of the surgery (biopsy slides etc) concluded that he had re-occurring Hodgkins Disease, consequently he was give a bone marrow transplant for specifically for this type of cancer, he was in remission until January 1999, the cancer had returned. We then went to a different hospital in NYC so he could recieve care and treatment for this fourth diagnosis. I believe it was in February 1999 that we were informed by the newly acquired physician, after she and two pathologists looked at all of my husbands original biopsy slides, (all the way back to 1987) that my husband was misdiagnosed in 1993, should not have recieved the chemotherapy and bone marrow transplant back then as he did not have Hodgkins Disease, but that he did indeed have Non-Hodgkins Lymphoma, and that it was possible that the treatment he recieved at the time now hinged on and might impede his survival of his present diagnosis. After we recieved this earth-shattering news from the physician, we asked her if she would be will to testify in court to these new findings, and she said yes she would testify in our behalf. My husband was also considered to be chemo-toxic because of all the different chemotherapy treatments and radiation he recieved in the past. My husband fought the hard fight but sadly succumbed to this fourth diagnosis in July of 1999 at the young age of fifty, leaving myself, two step sons and a twenty year old daughter behind to sort this out. At present I am looking for info on statute of limitations in the state of New York on this type of suit for med. malpractice, and wrongful death, also I am not sure if the limitation would go back to the time of misdiagnosis and treatment in 1993-94, from the time the new physician found out about this by looking at the biopsy slides, 1/99, or from the time of my husbands death, 7/99. I have not acquired a lawyer as of yet and I am not even sure I have a case, even though the evidence is there. Any input would be greatly appreciated, thank you for your time and consideration. L.





I don't know what New York's laws are for wrongful death type suits. In California the Statute of Limitations is one year. That is likely what New York's is. If you desire to look up the New York law yourself, you can find it at findlaw.com.

The general idea is that the Statute runs from the date of discovery, or when you should have discovered the liability, or reasonably should have discovered it.

I would say that you should spend about 30 minutes and talk with a medical malpractice attorney near you about this. Many give free initial consultations. You can find one at attorneypages.com.

Mark B. Replogle

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