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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: My disabled daughter recently had knee surgery. She was rx- oxycodone +ativan w/o narcan. Had to call 911 due to od sym.

She is 14, developmentally+intellectually delayed +sensory processing disorder, verbal,borderline nonverbal due to inability to get accurate, straight answers from her, or her inability to communicate in intelligible expressive language in an inquisitive setting, inability to accurately... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2023

If she has ongoing problems due to the malpractice a malpractice case may be warranted. In any event, you should consult with an experienced attorney.

General Notices: This is not legal advice, it is only general information. No attorney client relationship is established by this response....
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1 Answer | Asked in Medical Malpractice on
Q: I broke my leg and had a metal plate and 12 screws put in it. Shortly after I had Mersa in my bloodstream Almost died

Do I have a case or am I wasting my time

Joel Gary Selik
Joel Gary Selik
answered on Feb 3, 2023

Infections can occur in hospitals with or without negligence/malpractice. Only a careful review of your case can determine if there was negligence. There are also many other factors in evaluating malpractice cases, including the nature and extent of harm and future treatment needed due to the... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: Piece of foley balloon left inside of my bladder after I had my C-section in December 2021

Doctors thought it was a tumor from ultrasounds I had until I had my cystoscopy done, and we seen that it was part of the foley balloon. So it was in my bladder for thirteen months.

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 2, 2023

I'm very sorry to hear the ordeal you have experienced. The foley balloon, once left in your body after completion of the c-section and any further medical care, became what is known as a "retained foreign object". This should never have happened. A medical malpractice claim may be warranted.

1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Can I sue a hospital for negligence after I fell while under medicine and hit my head against a door frame and floor?

I was sent from their ER to an Out Paitent Hospital, and while under medicine by IV, I fell getting out of bed and fell against the door frame and hit my head there and on the floor. Blood was everywhere and they didn't even attend to the open cut on my eyebrow region. I have been under... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 2, 2023

You should see an experienced medical malpractice attorneys immediately. There are time limits within which to sue and you need to make sure you were within those time limits.

This is only general legal information and is not legal advice. You may not rely on this general information for...
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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

1 Answer | Asked in Medical Malpractice for Ohio on
Q: My child was born C-section with a huge bruise on his forhead. Which shouldnt happen. They then withheld him from us for

3 hours. I was givven an an epidural, that did not work at all. They were highly alarmed about it. Now my son has autism, sensory pro disorder. And can't speak. There doctors avoided me the entire 4 days in the hospital. He didnt even & do the circumcision! We have video and pictures as... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

You have a very serious potential case.

It is important that you consult with an experienced medical malpractice attorney as soon as possible.

This is only general legal information and is not legal advice. You may not rely on this general information for your legal situation....
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1 Answer | Asked in Medical Malpractice for California on
Q: I have, apparently, a medical malpractice case regarding a dental surgery. I was communicating with a personal injury at

I was just informed yesterday that it's more of a medical malpractice which has a one-year timeline. However, a different attorney told me that it is the 3-year timeline for medical malpractice. I need clarification. Since I thought I had it handled with this attorney who turns out to be... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

In California the medical malpractice statute of limitation is one year. In certain circumstances, it can be extended to three years, for example, if it was not discovered within the first year.

1 Answer | Asked in Medical Malpractice for California on
Q: Surgical procedure to plantar fascia was done incorrectly, doctor neglected, and ignored complaints and then walkd away.

Doctor performed plantar fascia release and heel spur removal, after 1yr of remaining in walking boot, and complaining of new pain, he gave up on me. I had to find another doctor and was told by new doctor that the other doctor cut too low from area of the chief complaint is and into the area... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

Yes you have a potential medical malpractice case. Consult with experienced attorneys. You can search for attorneys in this website, https://www.justia.com/lawyers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the statute of limitations to file a medical malpractice lawsuit?
Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

In California: Generally it is one year. But if it is against a government entity you must file a claim within 6 months. There are exceptions and requirements, etc.

This is only general legal information and is not legal advice. You may not rely on this general information for your...
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1 Answer | Asked in Medical Malpractice for Indiana on
Q: Where can I find information on malpractice lawsuits?

I was referred to a surgeon and have learned through a family member at another hospital that this surgeon has had past lawsuits against her. I have looked at the courts on-line but they don't seem to list malpractice cases.

Joel Gary Selik
Joel Gary Selik
answered on Jan 31, 2023

Many states have medical boards where you can search a doctors discipline history. Additionally, many courts have online listen cases were you can search buy a doctors name.

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Washington on
Q: personal injury WA state

so, there's a personal injury case, which just has been dismissed without prejudice and the statute timing is running out in WA state, here are the questions:

Can I as a lawyer file a new same personal injury case in same court and "start over" as long as I'm within time... Read more »

Steve Dashiak
Steve Dashiak
answered on Jan 29, 2023

If it's dismissed withOUT prejudice, you can re-file at any point before the SOL runs.

The answer to the fees and costs question is between you, the new law firm, and the client. You're generally entitled to be reimbursed for costs, but asserting a lien for your fee in a case...
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1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Medical malpractice: While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway!

While in the Care of Tioga Community Care ( terrible reputation ) rehab for a fall in my driveway resulting in a concussion and a stay in Rapides Hospital after which I was sent to Tioga where I vaguely recall, arguing with nurse Shannon. It seems I fell in my room ending with an Ambulance ride to... Read more »

Douglas Lee Bryan
Douglas Lee Bryan
answered on Jan 27, 2023

Nursing home negligence falls within the Medical Malpractice Act in Louisiana. You should contact an attorney directly who handles medical malpractice matters. Good luck.

1 Answer | Asked in Medical Malpractice for Ohio on
Q: How can I find out if my dads medical malpractice case has been closed. Ohio 1:2012cv01681
Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2023

Many Court's have the records online, sometimes they actually have the documents. You can see if it is open.

1 Answer | Asked in Medical Malpractice, Health Care Law and Municipal Law for Louisiana on
Q: Who insures the Parish Coroner for Malpractice or breach of duty to investigate a mandatory autopsy death?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 27, 2023

I am not certain there is a requirement for insurance, however if the coroner does obtain insurance, either the office of the coroner or the parish in which the coroner is located would most likely obtain the insurance as there is no requirement that each coroner be insured by the same insurance... Read more »

1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: i was told the statute of limitations was 2 yrs. for filing reguarless if i was in carcerated
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

You were told the wrong limitations period. It is four years for negligence.

1 Answer | Asked in Medical Malpractice for Florida on
Q: malpractice suit incarcerated same day i found out i could not use my hand. didnt get to file suit i was unable to do so

broken wrist /cast came off hand deformed cant use it im a guitar musician for a living. that was 2020 im out now can i proceed since i was not able to file till now ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

Sure, you could file a lawsuit now; why do you ask?

1 Answer | Asked in Medical Malpractice and Personal Injury for Connecticut on
Q: Personal injury 2020, went to emergency room, released 6 hours later, no answers, and partial paralyzes 10 days later.
Bill Beckert
Bill Beckert
answered on Jan 12, 2023

There is not much information in your question to assist an attorney in determining whether you have a case. I would say that negligence cases, including medical malpractice claims, generally have a 2 year statute of limitations. You indicate that the incident occurred in 2020. Without knowing... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.

Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 9, 2023

You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice.... Read more »

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