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Medical Malpractice Questions & Answers
1 Answer | Asked in Family Law and Medical Malpractice for New Jersey on
Q: Who legally is medical P.O.A. for my dying mother? No legal paperwork has been done. I'm oldest of 4 girls

Mother is now brain dead and end of life questions have arose. My 2nd sister is insisting she makes all choices, cause she lives closest. She has been telling doctors what to do next without speaking to any of us. Hospital will not even except my calls, cause 2nd sister has lied and said shes POA.... Read more »

Richard Diamond
Richard Diamond answered on Jan 26, 2022

I am terribly sorry to hear about your mother's condition and that you and your sister are fighting over how to handle your mother's current condition peacefully.

As to a power of attorney, I would be shocked (take a breath), if your sister was able to simply tell the hospital...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Kentucky on
Q: How can a doctor diagnose me with a chronic disease and give me medication daily for 8 years and not be liable.

Now he informs me that I don’t have Lupus but I am still sick and got several drs I have to see for medical issues. I know that taking medicine I shouldn’t of been taking has contributed to these issues. Nobody wants to help me with my case.

Anna Aleksander
Anna Aleksander answered on Jan 25, 2022

In order to file a medical malpractice action you must prove that your doctor committed an error and was negligent in doing so. Misdiagnosis is an error. Further that damage or injury was caused by the negligence. Causation and damages should be established via expert medical testimony. Be... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice on
Q: I got HURT by hospital in New Jersey. Now I live in New york.which court should I go to to file for my complaint?
Randy Bryan Ligh
Randy Bryan Ligh answered on Jan 25, 2022

You are safe if you file in New Jersey but since these matters are complicated, you should consult with an injury lawyer or lawyers and specifically discuss your case with them and ask your questions (such as where to file) and then hire the lawyer with whom you are most comfortable. Good luck.

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for New Jersey on
Q: My tenant is running an illegal medical spa out of my condo. Her rn license is suspended. She is injecting botox.
Morris Leo Greb
Morris Leo Greb answered on Jan 23, 2022

Send a notice to cease and desist in accordance with NJ statutory requirements. If you not familiar with the statutory requirements, consult with a local real estate attorney.

2 Answers | Asked in Contracts, Medical Malpractice and Small Claims for New York on
Q: What kind of lawyer do i need for failed Invisalign treatment by a dentist?

I was not injured by the treatment but the issue the dentist failed to fix(misaligned bite) causes me constant discomfort. He has prolonged this miserable feeling by wasting a year of my time with shady treatment. He accomplished nothing and refused a refund because he “saw nothing wrong”. A... Read more »

Jeff D. DeFrancisco Esq.
Jeff D. DeFrancisco Esq. answered on Jan 23, 2022

You would want a medical malpractice lawyer that handles dental malpractice claims. Not as many medical malpractice lawyers handle dental claims because malpractice litigation is extremely expensive and usually dental malpractice claims have limited damages. The concern with dental malpractice... Read more »

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1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... Read more »

1 Answer | Asked in Medical Malpractice for Washington on
Q: How to sue this doctor

My father was treated with chemotherapy and immunotherapy in each infusion that he had, they took a blood test for more than almost a year, but in this last month, he felt terrible, weak, confused. We thought that it was a product of the treatments he had. So we asked the doctor, and he did not say... Read more »

Egan Patrick Kilbane Esq
Egan Patrick Kilbane Esq answered on Jan 13, 2022

I am extremely sorry for your family's loss. Unfortunately, it is impossible to even preliminarily evaluate a potential case of medical negligence without reviewing the medical records themselves. Given your concerns, I would strongly encourage your family to request your father's... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I know that the makers of the vaccine are protected from being arrested or sued but are pharmacists also protected
Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should be a little more specific with your question. There are some immunities from litigation but when you sit down with an attorney be prepared to discuss all the facts regarding your situation.

1 Answer | Asked in Wrongful Death, Personal Injury and Medical Malpractice for California on
Q: I suffered a stillbirth at 32 weeks due to a doctors negligence can I sue for wrongful death?

I had lupus prior to pregnancy so I required a high risk doctor. During pregnancy I developed cholestatsis and gestational diabetes so I was at a much higher risk. I was being monitored weekly. Though my lab work showed little progress I was to deliver my baby at 36 weeks. At around 30 weeks I... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Jan 13, 2022

You should reach out to some attorneys who specialize in medical malpractice. They should be able to help you determine what options you have. Do this right away because you only have a limited time to take action.

1 Answer | Asked in Criminal Law, Personal Injury, Health Care Law and Medical Malpractice on
Q: I would like to get documents to apply for us citizenship waiver? Thank you kindly!

As above!

Tim Akpinar
Tim Akpinar answered on Jan 11, 2022

This sounds like it could be something an immigration attorney would know about. There's no guarantee all posts are picked up, but you could have better chances of a reply by reposting and adding Immigration Law as a category. Good luck

1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I experienced medical malpractice in 2018 when I gave birth to my son who is now showing signs of behavioral issues.

I walked into my local hospital ER 28 weeks pregnant. I walked in the ER doors and told the nurse my name, bday, the fact that I was 28 wks pregnant, bleeding and in pain. They were busy but she acknowledged all I said, printed out a wristband an had me sit in the waiting room for 7 hours like this... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 9, 2022

A North Carolina attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. To answer your question, you could reach out to med mal attorneys in North Carolina to discuss in detail. If a law firm felt there could be grounds for a viable case, they... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Post-surgical complications (in CA)?

I have had surgery twice on the left shoulder. 4 years later I am still experiencing pain and instability. Do I have any recourse?

Eliza Jasinska
Eliza Jasinska answered on Jan 8, 2022

Please consult with an experienced medical malpractice attorney. In order to bring a successful medical malpractice claim, the plaintiff must prove that the healthcare professional failed to adhere to the standard, was responsible for the care, and provided care negligently. Experts must certify... Read more »

2 Answers | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Q: I'm trying to figure out If I have a malpractice case. I am 98 lbs still losing from bariatric surgery 2018.

I got the surgery in 2018 everything was fine until I hit 120 lbs and I wouldn't stop losing. I have gotten very weak and so much pain all over my body. I sprained my ankle just walking. I have tried to get help from everywhere and seems they are just letting me die. I haven't been... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 5, 2022

more info is needed and should be shared with the med mal lawyer that you should call in your area.

there are possible statute of limitations issues..........so don't sit on your rights...or you lose them.

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1 Answer | Asked in Legal Malpractice and Medical Malpractice for Florida on
Q: This is a complicated question. A professional malpractice case was filed before the 2 year time period.

The case was litigated for a year and the Plaintiff withdrew the case without prejudice. Now the plaintiff would like to reopen the case. Is that possible? I am not sure about the timeline for permanent closure or continued litigation in a case of this style.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Assuming that the pertinent statute of limitation period has expired, re-filing the case would be time-barred.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Florida on
Q: Do I have a case against the medical company who made a product that has caused chronic pain and 2 surgeries this year?

After having complications and surgery from the mesh for my bladder my doctor used a product called macroplastique (Pfizer ) which is a filler that is supposed to last forever. Afew years I started having constant pain and bleeding, which at first the dr thought were bladder infections and kidney... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2021

A Florida attorney could advise most meaningfully with regard to state law elements, but your post remains open for two weeks. But as a general matter, it could be difficult for an attorney in ANY jurisdiction to advise based on these facts alone, despite your description offering meaningful facts.... Read more »

1 Answer | Asked in Medical Malpractice for Washington on
Q: I was misdiagnosed and a wrong surgery was performed on me. What is the best approach? Who do I get in touch with?
Tim Akpinar
Tim Akpinar answered on Dec 23, 2021

A Washington attorney could advise best, but your post remains open for three weeks. You could get in touch with medical malpractice attorneys. Most law firms that handle such cases offer free initial consults. If a firm felt there was a basis for a case, they could request your surgical records... Read more »

2 Answers | Asked in Medical Malpractice for California on
Q: Can I pursue a medical malpractice lawsuit?

I suffered a stroke at 34 years of age approximately 3 months ago due to spontaneous bilateral vertebral artery dissections. I had no significant medical history prior to this event. It was a small/medium-sized stroke in my cerebellum and I continue to struggle with headaches, fatigue, and... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Dec 13, 2021

A delay in diagnosis that results in a lost opportunity to be administered TPA can be the basis for a medical malpractice case. Depends on what your presenting symptoms were and whether stroke should have been considered as a differential diagnosis as soon as you presented to the ED. You should... Read more »

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1 Answer | Asked in Medical Malpractice for Mississippi on
Q: Is it malpractice if you weren't able get in patient portal until 2021 but noticed doctor never told you about condition

Saw finally in 2021 portal I had 2 lab tests flagged to point I had hypothyroidism in 2016! He never discussed or diagnosed me with it! It wasn't until 2018 when I had thyroid storm and another doctor had to diagnose me with hypothyroidism.

Arthur Calderon
Arthur Calderon answered on Dec 13, 2021

It really depends on the circumstances. If the doctor diagnosed and the did not advise, then it would depend on whether there was a follow-up where the doctor could inform the patient of the diagnosis.

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Could someone tell me what's going on with the hernia mesh lawsuit against Bard

I'm supposed to be part of the law suit. But the lawyer I hired keeps giving me a date further away when I ask about a settlement

Tim Akpinar
Tim Akpinar answered on Dec 9, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. As a general matter, there are delays being experienced nationwide with many types of cases, largely related to COVID. Without knowing the details of your case, as a general matter, larger multi-district... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: I have a tort claim and looking for case laws in New York State on medical negligence.

The department of corrections have it in my medical summary acknowledging my epilepsy. But put me on a top bunk and I fell after catching an epilepsy attack. Suffering severe injuries and on medication

Tim Akpinar
Tim Akpinar answered on Dec 7, 2021

I'm sorry your question remains open for three weeks, and for the injuries you suffered. I wish you the best in your recovery. It could be difficult to obtain the most recent case law holdings on given legal issues on these types of public forums - law firms could feel uncertainty as to... Read more »

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