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Medical Malpractice Questions & Answers
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... Read 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 Health Care Law and Medical Malpractice for Oklahoma on
Q: I went to the hospital about to weeks ago and I feel I was discriminated against and misdiagnosed and I did not receive

The nurse came in to get my insurance info and when I told her I didn't have any she mad the other nurses and doctor immediately started being rude they told me all I have is a spranged ankle mad put ice on it. Then the lady that took my info regarding the insurance came in with a paper and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 19, 2021

An Oklahoma attorney could advise best, but your post remains open for four weeks and it sounds like you are in serious need of medical care. I can't say anything about the element of discrimination, based on your description - that's usually something that involves a protected legal... Read more »

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Could I potentially have a malpractice claim?

Went to ER with abdominal pain. They only did a pelvic US & pregnancy test. No bloodwork. Doctor felt my stomach & said it was a gynecological issue & when I asked if it could be appendicitis he said no since the pain was lower than appendix pain. Told me to follow up with OBGYN... Read more »

Michael O. Smith
Michael O. Smith answered on Jun 14, 2021

Sorry to hear about your situation and the complications you are experiencing. Clearly, you have suffered damages. The question will be whether the staff at the initial ER visit deviated from the standard level of care and due to their alleged mistake in failure to diagnosis, you were harmed.... Read more »

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.... Read 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... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Tennessee on
Q: My aunts arm has been broken for the past 3 months of her going to doctors. Now they say there nothing can b done

She has not been able to feel, move, or sit up. She has been in the worst pain imaginable going to Drs and they didnt see it kept saying they didn't know why she hurt. On top of that her cancer came back

Tim Akpinar
Tim Akpinar answered on Jun 5, 2021

A Tennessee attorney could advise best, but your post remains open for a week. I'm sorry for what your aunt is going through. There wasn't a question here, but if you're wondering whether this situation provides your aunt with any legal recourse, it isn't possible to give... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for California on
Q: (COVID-19) Emergency Rule 9 California - "Tolling" Statute of limitation.

Dental malpractice was committed on 02 JUL, 2020 and the limitation will be expired on 02 JUL, 2021. When will it be expired using Emergency Rule 9 California?

Dale S. Gribow
Dale S. Gribow answered on Jun 5, 2021

INSTEAD OF POSTING HERE, YOU SHOULD SET UP A CONSULT WITH A LOCAL DENTAL MALPRACTICE ATTY.

YOU MAY HAVE ALREADY FOUND THAT IT IS VERY DIFFICULT TO FIND A LAWYER WHO WILL ACCEPT ONE...........THERE ARE A FEW LAWYERS, WHO ARE ALSO DENTISTS, BUT IT IS THE HARDEST OF ALL AREAS OF MALPRACTICE IN...
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Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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1 Answer | Asked in Personal Injury, Medical Malpractice and Employment Law for Connecticut on
Q: Do I have a case? I suffered a miscarriage; my healthcare provider refused to provide me with accommodation.

I was in lots of pain leading up to my miscarriage. The healthcare provider didn't look into the cause of pain and when I asked for accommodation after stating I lift heavy at work (50+ pounds at times) I was refused. I worked 12 hour shifts at the warehouse Amazon and every worker is given... Read more »

Todd Kelly
Todd Kelly answered on Jun 2, 2021

It is unlikely that you have a medical malpractice case. However, you may have an employment discrimination case. I do not do that type of case, but would be happy to refer you to a colleague.

1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Q: I have tetracycline teeth and lived with it for 30+ years and I feel like I should get some type of justice for it.

Am I able to do anything about it now?

Tim Akpinar
Tim Akpinar answered on May 31, 2021

An Ohio attorney could advise best, but your question remains open for two weeks. You could approach product liability attorneys, and research online whether there are any legal actions involving the antibiotic. There is the issue of the passage of so much time, but that could be something to... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Louisiana on
Q: My parents won a large settlement on my behalf from when I was a child and they never told me about it.

In 1985, a suit was filed in the 15th judicial district, Lafayette, La. It doesn’t say what the outcome was. I know I had a mutual fund that was demutualized I was told. I was also told that a $21,000 check was mailed to me a few years ago but I wasn’t the one to receive it. Any assistance... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on May 31, 2021

Go to the Clerk of Court for Lafayette and get copies of the settlement and tutorship accountings.

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2 Answers | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Louisiana on
Q: My parents won a large settlement on my behalf from when I was a child and they never told me about it.

In 1985, a suit was filed in the 15th judicial district, Lafayette, La. It doesn’t say what the outcome was. I know I had a mutual fund that was demutualized I was told. I was also told that a $21,000 check was mailed to me a few years ago but I wasn’t the one to receive it. Any assistance... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Also check unclaimed money under State of Louisiana--if they mailed you a check and no one got it the money might be sitting there. Even better, find out from the court who represented you--what attorney. They should be able to tell you the details.

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1 Answer | Asked in Health Care Law and Medical Malpractice for Texas on
Q: Can a physicians services company still bill months after hospital charitably written off services and "closed account"?

I received a bill recently for services that had happened close to nine months ago. I had been approved for financial assistance for those services from the hospital and received a letter saying that "my account [was] closed" around six months before receiving this new bill. Can someone... Read more »

Tim Akpinar
Tim Akpinar answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for four weeks. More details could be helpful here. But as a general matter, a patient could be billed by more than one entity for services received in a hospital. A hospital could have its primary billing and collections office, but in... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for New Hampshire on
Q: Case dismissed SOL in Mass Tort. Can I file Product liability in NH where no sol applies for failure to warn.

NH 507-D3

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A New Hampshire attorney could probably advise best here, but your post remains open for four weeks. If you are currently represented by an attorney in the matter, discuss the dismissal in further detail with them. Additionally, since you mention mass tort, those cases sometimes span multiple... Read more »

2 Answers | Asked in Medical Malpractice for Tennessee on
Q: My neice went for a tonsil and adenoids removal surgery and the doctors ended up cutting her carotid artery can we sue.

They stated it was a vessel and tried telling my wife it was such and that they patched the vessel until she bled out profusely My wife goes to tell them that's no vessel that's a artery bleeding like that she also told them my neice wasn't herself a day or two after the surgery and... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 29, 2021

What you are describing sounds like medical negligence. To determine if your niece should go forward with a claim we or any firm would want to review medical records. I am so sorry for what your niece is going through.

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 27, 2021

Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »

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1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: What is a "Theory of negligence"? Part of a request from a Medical Insurance provider. Is this done by an attorney?

Follow up on a claim made with/against a surgeon.

Tim Akpinar
Tim Akpinar answered on May 26, 2021

A Massachusetts attorney could advise best, but your question remains open for three weeks. In general terms, a theory of negligence is the general legal theory on which med mal cases are based. The theory involves the existence of a duty of medical care, and a breach of that duty that results in... Read more »

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on
Q: I'm located in Medford Oregon. A spot on my hand was misdiagnosed as "sun damage", when in fact, it was cancer.

I recently had the excision on my hand to remove it. This would not have been necessary if the doctor would have actually looked at the hand and did some testing. Just glancing at it and determining it was sun damage was negligent, since he knew I was on blood pressure pills which are known to... Read more »

Virgil Royer
Virgil Royer answered on May 18, 2021

I am very sorry for your experience. I know it can be frustrating to go through an experience that was difficult and/or could have been prevented. Medical Malpractice cases are tough because they almost always involve a serious injury and/or loss. Plus, in order to have a claim against a medical... Read more »

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