Medical Malpractice Questions & Answers by State

Medical Malpractice Questions & Answers

Q: Do I need a Med. Mal. Lawyer

1 Answer | Asked in Medical Malpractice for Florida on Oct 7, 2014

Answered on Dec 19, 2014

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Keith Petrochko's answer
Possibly. Medical malpractice cases are complicated. If you haven't already, you need to contact an attorney as soon as possible.

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Q: Can your doctor dismiss you without cause?

1 Answer | Asked in Medical Malpractice for Virginia on Apr 27, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
A doctor can dismiss a patient at his discretion. As an ethical consideration, he should ensure that the patient can receive treatment elsewhere but he cannot be required to continue to treat a patient.

She may wish to contact the State Board of Medicine in Richmond if she desires to file a complaint, but there is no legal remedy for terminating the relationship.

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Q: I was in a car accident the case is already settled but can I sue my doctor for not notifying me of metal poisioning due

1 Answer | Asked in Medical Malpractice for Virginia on Nov 17, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
Your question is not entirely clear but if there was negligent treatment of an injury sustained in a car accident, it can either be included as part of the auto claim or in a separate claim for medical malpractice. If the auto case is settled, you may still have a possible medical malpractice claim. However, the physician did not cause the jaw injury. The viability of a malpractice claim will depend on what actual harm was caused by the physician's failure to diagnose and/or notify you of...

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Q: Can I institute a suit for negligence when prescribed wrong medicine

1 Answer | Asked in Medical Malpractice for Florida on Dec 17, 2014

Answered on Dec 17, 2014

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Keith Petrochko's answer
Possibly. Call a lawyer for a full consultation as soon as possible.

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Q: Can i sue the makers of the gardisil shot if i had adverse effects to it?

1 Answer | Asked in Medical Malpractice for Ohio on Dec 7, 2014

Answered on Dec 8, 2014

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Matthew Williams' answer
Your best bet is probably to join a suit rather than filing your own individual suit. Many personal injury lawyers gather up large numbers of people injured by the same product and file a single large law suit called a class action lawsuit. In some cases, these lawsuits have already been settled and there is a large amount of money just sitting around waiting to be collected by members of the class (people injured in the same way). I'm sure such an attorney will pop right up if you google...

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Q: Can a name be change post judgement to jane doe to protect medical information of the plaintiff?

1 Answer | Asked in Medical Malpractice for Rhode Island on Oct 28, 2014

Answered on Nov 30, 2014

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Neville Bedford's answer
The documents that were filed were not filed under seal or as an alias ? Then they are public documents. Speak with your attorney about petitioning the court to seal the documents in your particular case for best advice.

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Q: My case has been dropped by my attorney. Do I have the right to find another attorney?

1 Answer | Asked in Medical Malpractice for Ohio on Nov 17, 2014

Answered on Nov 18, 2014

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Matthew Williams' answer
You can always look for and hire a new attorney. You do not have a right to an attorney in a medical malpractice case in the sense that you have a right to an attorney in a criminal case, that is at government expense. The court will likely give you some time to find new counsel if you simply request a continuance for that purpose, but you will have to pay for it. Be careful here, if the case has not already been filed in court, you could have a serious statute of limitations issue. You only...

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Q: A DR. IN MEXICO WAS JAILED FOR BEING A FAKE SURGEON W/ NO DEGREE. HE WAS INSURED. I WAS A PATIENT. WHO DO I CALL

1 Answer | Asked in Medical Malpractice for Oregon on Jul 25, 2014

Answered on Jul 30, 2014

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Spencer Richard McMullen's answer
You could join in the criminal complaint against him and under the new victims rights law he would need to pay you as part of his sentencing. The down side is that you would need to pay your legal fees and your recovery would be the amounts for services in Mexico so unless it is a large amount it may not be worth pursuing.

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Q: in the state of pa, exactly whats the statue of limitations for malpractice. how long and when can I file charges?,

1 Answer | Asked in Medical Malpractice for Pennsylvania on Jul 10, 2014

Answered on Jul 11, 2014

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Rachel Lea Hunter's answer
2 years from the date of the alleged malpractice. There is a discover rule though which may extend this to the time of discovery. Examples may be having surgery and the doctor leaves a sponge or medical instrument inside you - in such case you would have no reason to know until some other event occurred.

You do not file "charges." Medical malpractice is not a crime. Its negligence. Pennsylvania enacted provisions relating to medical malpractice and you can no longer just sue...

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Q: How to file a complaint against a lawyer

1 Answer | Asked in Medical Malpractice for Alabama on Jun 24, 2014

Answered on Jun 24, 2014

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Charles Snyderman's answer
If you want to file a complaint against a lawyer, contact the Center for Professional Responsibility. www.alabar.org

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Q: I fired my lawyer now he's holding my settlement what can i do

1 Answer | Asked in Medical Malpractice for Georgia on Jun 17, 2014

Answered on Jun 17, 2014

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Charles Snyderman's answer
Most lawyers are highly ethical. In Georgia, the conduct of lawyers is governed by the Georgia Rules of professional Conduct. However, if what you say is true, you should file a grievance. The link is www.gabar.com

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Q: Do doctors have access to lawsuit case names before treating a patient?

1 Answer | Asked in Medical Malpractice for Alabama on May 8, 2014

Answered on May 9, 2014

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William E. Scully Jr.'s answer
Soooo....does this mean that you sued a doctor in the past? Law suits are public record. Doctors can view these records just like anybody else. I wouldn't get to paranoid, though. Doctors are human beings, believe it or not. And just like anybody else, they can be turned off on other people. Your doctor might have heard about your law suit from another doctor. Or it might be something really mundane. He or she might believe that you were rude to his receptionist or that you hadn't paid...

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Q: Can I sue an officer of department of corrections in ga. for the officer not properly doin his sworn duty as an officer?

1 Answer | Asked in Medical Malpractice for Georgia on Apr 8, 2014

Answered on Apr 14, 2014

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Julie A. Rice's answer
Yes, you can file an action against both the State and the officer personally.

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Q: My mother was diagnosed with gall bladder stones when in surgery the surgeon noticed she didn't have a gall bladder.

1 Answer | Asked in Medical Malpractice for Texas on Jun 14, 2013

Answered on Mar 31, 2014

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Adam T. Funk's answer
I was involved in a similar case. This may have been an unnecessary surgery and therefore malpractice. You should contact a malpractice attorney right away.

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Q: Is it a law that a doctor can tape your conversation without you being informed? If so when did this law go in to effect

1 Answer | Asked in Medical Malpractice for Georgia on Sep 16, 2013

Answered on Mar 29, 2014

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Julie A. Rice's answer
There is a physician client privilege and confidentiality. This seems like a breach of that privilege and confidentiality. Unfortunately, so much is put in our medical records that there may as well be a tape recorder. Tell the dr. what they need to know to treat you, but don't spill your life story unless it is a Psychiatrist or your Attorney. You are at risk in telling anyone else information you don't want to be known. Legally, no a dr. shouldn't be taping your conversations without...

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Q: I need an approximate amount of money if I give up my right for medical treatment for life. I'm 31 years old

1 Answer | Asked in Medical Malpractice for New Mexico on Sep 19, 2012

Answered on Mar 27, 2014

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Adam T. Funk's answer
I'm not sure I understand your question. If you provide more details, perhaps I can help.

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Q: My mom was given to much medication in the ER and nothing was charted what are our options

1 Answer | Asked in Medical Malpractice for New Mexico on Feb 21, 2014

Answered on Mar 27, 2014

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Adam T. Funk's answer
I answered a similar question above. Please see that answer.

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Q: My daughter died at John Petersmith Hospital (a county hospital) due to doctor errors and negligence. Can I file malpractice?

1 Answer | Asked in Medical Malpractice for Texas on Oct 24, 2012

Answered on Mar 27, 2014

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Adam T. Funk's answer
You can file against a county hospital, however, you must get permission first. The Texas Tort Claims Act applies here. The Act requires that you send a claim notice letter to the county first before you can file a lawsuit. There are many rules and caveats you must follow and therefore contacting an attorney is crucial.

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Q: I have 6 broken medical screws they removed what they could but still having problems walking

1 Answer | Asked in Medical Malpractice for Texas on Jun 28, 2013

Answered on Mar 27, 2014

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Adam T. Funk's answer
You may have a medical malpractice case, a product defect case, or both. You should sit down with an attorney and talk about your options.

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