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Virginia Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice for Virginia on
Q: Can you sue for Malpractice after being left to birth in a toilet at a hospital?

I was in labor and delivery for hours without anyone checking on me. Eventually I press the call button to use the bathroom, without checking on me she unhooked me from the bed and left me by myself in the bathroom. As soon as I sat down, my water broke and the baby was coming, I was screaming and... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Jun 15, 2023

I am so sorry this happened.

I am so glad you and your baby are ok.

No, you don't have a viable malpractice claim. I would recommend sending a letter to the hospital and let them know how upsetting this was - but beyond that, you do not have a compensable claim under Virginia...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: i was administered an antibiotic i am allergic to w/o my consent nor a physician order at a nc hospital. what do i do?

i live in virginia and the procedure was in winston salem. i was administered erythromycin eye ointment while unconscious under general anesthesia for retina surgery in both eyes, with staff claiming it was standard practice (overlooking my medical record allergy list) and I woke up with a severely... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Dec 20, 2022

I am so sorry to hear what happened.

Some preliminary issues - NC law (not Virginia law) governs your potential claim so call a NC attorney to seek help.

While it is clearly negligent to administer a medication someone is allergic to, that is not the only question when deciding...
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1 Answer | Asked in Medical Malpractice for Virginia on
Q: private surgery cancellation fee

I scheduled surgery with private surgeon in the united states.

The surgery cost 16,000$, I send the money via SWIFT on 31/1 and they got it on 2/2.

I change my mind and ask to cancel on 5/2 and they ask for 5,000$ cancellation fee.

what should I do?

Joel Gary Selik
Joel Gary Selik
answered on Feb 6, 2024

Have an attorney in your state review the contract signed to see if they can take a cancellation fee.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Need a medical malparatic lawyer bad surgery in VA

had surgery on 2/20 a neck surgent cut wring took extra sink per record and had two other MD doing his job was never told there would be three MD in OR. having swallow problems, throat problems, have eat foods like a baby

Rich Nagle
Rich Nagle
answered on Apr 2, 2023

Please submit your info at www.TrialHawk.com and we will contact you promptly.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: If my eye doctor failed to adhere to the screening guidelines set by the AAO and medicine induced vision loss occurs.

On December 3,2021 I was diagnosed with drug induced Retinal Toxicity. For 12+ years I was taking Hydroxychloroquine for Systemic Lupus Erythematosus. In November 2021 I went for my annual eye exam and due to the medication use I was referred to a retina specialist to perform screenings her... View More

Rich Nagle
Rich Nagle
answered on Nov 9, 2022

Yes, you may have a case.

If you provide contact info we will reach out to you to discuss.

In the alternative please go to my website TrialHawk.com and submit your information and we will promptly contact you.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can You sue a medical office for long lasting painful side effects following an unrelated procedure?

Since December My Mother's arm has been unnable to function since She went in for an unrelated procedure and had Her veins forced open over and over again for hours because he brings were small and possibly dehydrated. Instead of rescheduling they tried to force Her veins open which was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 2, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. It would be difficult for any attorney to answer your question. It calls for a medical opinion. You could reach out to med mal attorneys in the Norfolk area. If they felt that your mother might have the basis for a... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
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1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Why can a female sue a dr but I cant

I just saw on the news where a lady sued a dr for misreading her mammogram but I had a surgeon put my hip in retroverted and I had 20 plus dislocations and I cant sue no one. Why is that.

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

A Virginia attorney could advise best, but your question remains open for a week. The answer to your question could be a lengthy one, but the concise answer based on the brief description provided is that no two individuals and the set of circumstances and legal theories surrounding their cases are... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I had an incident at the ER giles carilion..just want to know if I have a case or not

I went to the ER with a large kidney stone blocking my urinary tract. They ran 2 scans..dr said there was nothing there..then they pushed a catheter up in me and hit the stone and shoved it back up inside me doing tremendous damage plus the ungodly amount of pain that no words can describe.that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2020

A Virginia attorney could advise best, but your question remains open for four weeks. To answer your question, an attorney would likely need the opinion of a medical professional. As a starting point, you could reach out to Virginia med mal attorneys. Most med mal attorneys offer free initial... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can i stilll sue

I went to duke to have my hip put back in then during rehab it popped out and they sent me to hospital after rehab center left me there for two days with 2 dislocated hips well rehab threw me out saying i costed them to much money. So i went home my hip popped out 22 times in two weeks. Went to... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Oct 13, 2020

Oh wow - I am so sorry to hear all of this. You may have a claim against them - but I am not licensed in NC and cannot advise as to the laws of negligence in North Carolina. If you would like a few excellent attorneys licensed in both VA and North Carolina - I recommend Amberley Hammer (Va Beach)... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: When an attorney takes a case on contingency, do they usually get paid more than if they do it on an hourly rate?
Richard Maxwell Volin
Richard Maxwell Volin
answered on May 20, 2020

If you are asking whether an attorney that WINS a contingency case gets paid more than if the attorney had simply taken the case on an hourly basis, then the answer is: It depends on the math. A quick win requiring very few hours would probably result in a contingency fee higher than the hourly... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Will hospitals give privileges to doctor's who don't have medical malpractice insurance?
Tim Akpinar
Tim Akpinar
answered on Mar 24, 2020

It could depend on the arrangement the doctor has with the hospital and the role in which they work (employee, independent contractor, part of group practice, etc.) Some arrangements include reimbursement for premiums. Additionally, different states treat the issue differently. Good luck... View More

2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Susan Fremit
Susan Fremit
answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.

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Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof
answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can a person get in trouble for accidentally call themselves a nurse? This person never given out medical advices either
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2019

Yes, they can if it's an official or professional setting. If it's at a party trying to impress a circle of guests after people have had a few drinks, no one is going to think twice about it. Tell your friend not to do that; the argument that it took place accidentally won't fly.... View More

2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof
F. Paul Maloof
answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: This is not working. At the end of this line of type it won't allow spacing or going on to the next line of type.

Who is held responsible for the duration of a Foley catheter being in a male patient? The patient? or the doctor? My urethra has to be damaged on the 16th of January, for a urodynamics test. The catheter was installed on November 29th. I bled perhaps a quarter cup of blood and I am in pain. I was... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 23, 2019

Write down what happened when, who said what to who when before you forget. Focus on getting well, and you don't want to give anyone an idea that you would possibly sue anyone--otherwise the doctors you need will shy away, for worry they'll be "dragged into a malpractice case."... View More

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2 Answers | Asked in Medical Malpractice for Virginia on
Q: If you think you have a malpractice claim what is the first step you should take?
Anthony M. Segura
Anthony M. Segura
answered on Dec 23, 2018

The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... View More

Anthony M. Segura
Anthony M. Segura
answered on Dec 23, 2018

I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on... View More

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