October 3, 2014
I have posted here before so I won't go into the details of my case, I will say that I have been the victim of medical malpractice and failure to diagnose plus I have been subjected to multiple I surgeries including ones for which I did not give informed consent. I am now almost totally blind. I am 43 years old, I know this may sound familiar to some of you so what I need to know is are they are attorneys in New York City metro area that specialize in complicated ophthalmology cases? My former doctor claims my records have been lost, which I have already filed complaints about with the state and may be guilty of insurance fraud as well. Or should I follow the advice of the attorney that turned my keys down, and file pro say?
Based on the limited information here, it looks like your former Dr. - who's telling you he lost the records! - is at the very least, in breach of his duty to maintain your records for six years from the date of discharge. I would recommend against filing suit pro se (this is a very specialized are of law), but I will tell you that if you were told by any of your subsequent treating physicians that your initial diagnosis was wrong and you received inappropriate or poorly rendered surgical care which resulted in blindness, your chances of success increase dramatically, The tricky part, of course, is getting an expert opinion that there was malpractice, without the benefit of reviewing those records. If any of your subsequent Dr.'s told you explicitly that they suspect wrongdoing by your former Dr., in my opinion, it may be a case worth pursuing.
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