In 2012, I had a partial hysterectomy. The night following the surgery, I was itching all over. The following day, I discovered I had hives. The hives continued, but when I told the doctor who performed the surgery, I was told to take benadryl and make sure to attend my followup appointment.
At the appointment, I spoke to the doctor and was told my hives had nothing to do with the surgery. I needed to see a dermatologist. I have been to a dermatologist, 2 allergists, a rheumatologist, and an infectious disease specialist. All have done extensive testing. No one can help me.
I have tried every possible OTC allergy medication – 1 (zantec/zyrtec combination) got me admitted to the ER because it sent me into anaphylaxis – and several prescription medications. While some meds may alleviate the symptoms temporarily, they are very sedating. To date, nothing has cured them.
It has been 3 years. I still have hives every day. They can erupt anywhere from the top of my head to the soles of my feet – internally and externally. They are excruciating and at times, life threatening, because my tongue and throat will swell.
I have lost 2 jobs, my car was repossessed, and my home is in foreclosure. I am awaiting a hearing date for SSD – my claim consists of 800 pages of documentation.
Currently, I am receiving social services. In your opinion, would this situation be considered malpractice, or is is just another “Oh well, there’s nothing you can do.” situation?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
From the facts you present, there doesn’t seem to be any medical proof linking your hives to the surgery. Without medical proof showing the hives were the direct and proximate result of medical malpractice, you have no case.
Medical malpractice is generally defined as the acts of omissions of a healthcare provider which fall beneath the medical standards set by other similar health care providers in the local community.
To establish that medical malpractice occurred in your case, you would have to find another doctor willing to testify that your hives were directly caused by the surgery, and that the surgeon acted beneath the accepted standard of care. This will be extremely difficult.
Moreover, there is a 2.5 year statute of limitations for medical malpractice cases in New York state. The SOL may have run out in your case. It would be best for you to speak with a personal injury attorney who specializes in med mal cases.
Learn more here: Calculating Pain and Suffering Costs
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
We wish you the best with your claim,
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