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Hi--- My boyfriend is from South America. He and his ex-wife

 
 
 

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Hi---

My boyfriend is from South America. He and his ex-wife had a horrible experience at Beth Israel in NYC. While she went into labor, her OB/GYN was in the hospital on the premises, but at a dentists appointment. The residents had administered petosin to induce labor. The fetus went into distress, however, the residents told them that were unable to do anything (ie c-section) if the doctor was on the premises. By the time the doctor showed up, it was too late, and the baby was born still born. This was 12 years ago, and my boyfriend was told that he could not sue in the state of NY.

Does the state of NY protect the doctor in this case, and is it too late at this time to seek any recourse?

I thank you for any information you can give.

Sincerely,
Julie D XXX@XXXXXX.XXX

Submitted: 988 days and 20 hours ago.
Category: Legal
Status: CLOSED
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Posted by legallysound 988 days and 20 hours ago.

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Thank you for using JustAnswer.

Why has he never done anything to pursue this in 12 years?

Thanks.

 
 
 
 
 
 
988 days and 20 hours ago.

Customer Reply

He was told by another lawyer at that time that the state of New York would not let him sue. Is this true?He left it at that. Also, being a foreigner , not knowing the system, and grieving his loss left him emotionally bankrupt.   In addition, he was not in a financial position to pursue any other avenues. I am not sure he wants to sue anyone, he just wants to know what his legal rights were/are, if any. Thank you-

 
 
 
 
 
 

Accepted Answer

OK. Thank you for that.

Wrongful death has a statute of limitations of 2 years in NY. For most personal injury cases, the time limit is 3 years. So, by any statute of limitations he, unfortunately, has no right to pursue this further.

Yes, he could have sued back then. And generally everyone would have been sued and all the defendants would have worked out how much each might pay among themselves. The doctor, hospital, staff -- everyone. But it is far too late at this point. I am sorry the answer could not be more positive in your boyfriend's favor. Thank you.

Please press the GREEN "ACCEPT" button so proper credit is provided for your answer. No attorney-client relationship was formed or contemplated by this communication. All communications here are not to be considered legal advice and are for educational and informational purposes only.

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Expert: legallysound
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Answered: 9/8/2009

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