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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: I need to file a medical malpractice complaint, where can I get the form to file with the BAR from a computer.
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 4, 2022

You can use a general complaint form from the state website: https://dev.greenfiling.com/cadoc/data/CA-forms-unlocked/pldpi001.pdf

You can also draft your own complaint on pleading paper; there are templates out there that you can find if you Google search medical malpractice complaint template.

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

1 Answer | Asked in Libel & Slander, Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: The county of Santa Cruz is using my birth certificate for a promissory note to pay for everything from A to Z.
Dale S. Gribow
Dale S. Gribow
answered on Sep 28, 2022

are you sure it is the county and not an ID Theft?

contact your local police

1 Answer | Asked in Medical Malpractice for Texas on
Q: I fell at work fractured the T-12 vertabrae and have damaged to others. Fractured my left wrist, it has other issues,

that have never been completely addressed by the doctor. I was finally refered to neurology a month ago, because after several trigger point injections, a spinal, steroid shots, 5 different muscle relaxers, 2 different pain pills, 3 rounds of therapy that did nothing for me they couldnt do nothing... Read more »

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Medical malpractice requires proof that your doctor's conduct fell below the "standard of care" for your injury. In order to pursue a legal claim for medical malpractice, you will need an expert report from a doctor explaining in detail how your doctor's treatment of your... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: is there a case here?

I've been with my wife for over 10 years most of which she struggled with depression. But over the last five years in particular she switched a new doctor. And ever since medical issue or hospital visit, with the exception of a broken arm from skateboarding has been a risk of side effects from... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

Many medications have terrible side effects, unfortunately. That said, you should speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I went to ER with abdominal pain. Few days later I became blind. No history of eye condition and I'm not diabetic.

On April 10, 2022 I went to the ER with abdominal pain. I was treated and sent home. Two days later I developed a terrible migraine and pain in my left eye so I went back to the ER. Again, treated and released. Next day I went back to the ER with the same problem. That's when they decided to... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 24, 2022

I am very sorry that you have been through that. In California, if a hospital is negligent in its treatment of a patient, you can sue for monetary damages and recover a significant amount of money. This is called "medical malpractice." I would be happy to assist you with your case. Please... Read more »

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1 Answer | Asked in Medical Malpractice and Small Claims for California on
Q: Expert report uncovered over-treatment in my ongoing dental malpractice claim. Can I file a new claim for those?

Alternatively, can I file a separate small claims for reimbursement (under 15K) while civil case is ongoing?

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 23, 2022

Small claims is capped at $10,000. You may be able to amend your original pleading to add the new claims. Filing a separate claim in small claims court may not work; the opposing party may make a motion to combine, i.e. "Join," the claims together to promote judicial economy.

2 Answers | Asked in Medical Malpractice for California on
Q: Do I have a case?

My husband broke his foot in 5 places and was sent away from the emergency room in Blythe CA. The Doctor he saw in Yuma AZ that did the surgery said he should have been admitted and had the surgery done immediately. He had to wait several weeks for the swelling to get down enough for the surgery.

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Interestingly cross-jurisdictional case. The claims against the doctor may need to be brought in Arizona (you'll need a licensed Arizona attorney for help with that) while the claims against the emergency room/hospital would likely need to be brought in California. [I litigate cases. Anything... Read more »

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1 Answer | Asked in Medical Malpractice for California on
Q: Seeking help to see if I have a good case for malpractice

Late last year in 2021, my mother who was 80 years old and lives in Brentwood, CA underwent a surgery at Stanford Hospital in Palo Alto to try and stop the shaking in her hands. They placed rods in her head with a device in her chest that would allow my mom to control her shaking. Early this year,... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

Sorry to hear this. More information is needed, but don't share it here. Speak with a local medical practice attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death.

I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death. The night before he passed the paramedics were called to drive him to the hospital, but they refused to take him stating that he was “too heavy to put on the stretcher” regardless of... Read more »

Kimberly Grant
Kimberly Grant
answered on Sep 22, 2022

I am sorry for your loss.

If your father was not married, then you and any other biological children of your father would be the correct parties to file a medical malpractice wrongful death lawsuit. Such a lawsuit must be filed within 2 years of your father's death (though it is...
Read more »

1 Answer | Asked in Medical Malpractice for Michigan on
Q: Can I sue my Dr for stopping to prescribe me my pain medication for no reason

I've been going to the same Dr office for over 10yrs. I first was seeing a Dr. He had prescribed me methadone for chronic pain. We'll he passed away from brain cancer he actually was getting treated for that when he was a Dr. Then another Dr came in his place and he agreed to prescribe me... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 15, 2022

Your choice is to see a different doctor. There is no law that says he must continue to be your doctor, or that he must continue your current prescription, or in fact prescribe you anything.

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for North Carolina on
Q: Can a Work Comp patient file a separate Medical Malpractice claim against the WC doctor who caused a secondary injury?

The WC doctor ordered an EMG/NCS test (#1) in September, 2020 with an abnormal study indicating minimal nerve damage at my L5 nerve root which suggested a possible recovery time of 8 weeks from a slip & fall injury.

WC doctor ordered PT in October 2020 where I was placed on a Lumbar... Read more »

Martha Ramsay
PREMIUM
Martha Ramsay
answered on Sep 14, 2022

Yes, an injured worker can file a separate medical malpractice claim when the doctor is not an employee of the same company. While often referred to as “WC” doctors, they usually are not employed by the company where the worker was injured or the workers’ compensation carrier.... Read more »

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital that told me my babies X-rays were fine, asked to recheck X-rays week later telling us broken bones

Our 2 year old fell off chair, we bring him to emergency room for X-rays. They say everything is fine. I can tell a week later it’s not fine, schedule online appointment with his regular doctor. He looks at the same X-rays tells me his clavicle is clearly broken all the way through. My 2 year old... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 8, 2022

A California attorney could advise best, but your question remains open for three weeks. I'm sorry for your family's ordeal. The most reliable way to answer your question would be to reach out to med mal firms to try to arrange a free initial consult. That's the norm in the industry.... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 2, 2022

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: Would like to know if my mom has a case.

My dad would go to his doctor with complaints. Each time the doctor would say he had a sinus infection and give him antibiotics. After a couple years he saw an endocrinologist and his sinus infections wound up being stage 3 cancer. He was going to the CTCA in Zion Illinois. When Covid hit they... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2022

I'm very sorry for the loss of your father, and for the devastating impact it has had on your mom. It's difficult to offer a direct and concise "yes" or "no" answer to your question. There's a considerable amount of information to sort out here, and much further... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Hello. My HMO was Kaiser Permanente. In December 2020, I developed nerve pains.

Hello. My HMO was Kaiser Permanente. In December 2020, I developed nerve pains. The medical advice given to me by the neurologists at KP was wholly inadequate and in some cases absolutely incorrect. I had to educate myself on Neuropathy and through much trial and error came up with treatments for... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys to discuss. However, I don't think that this would be a case that many law firms would consider handling on a contingency basis. That could mean paying a law... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: If a Dr does a distal pancreaotomy on you shouldn't there be a full pathology report

I had a voluntary spleenectomy and Dr nips my pancreas and called it a distal pancreaotomy.i still have my pancreatic tail and body

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

A pathology report should be generated in connection with any operation / surgery. Keep in mind that a pancreatectomy entails the removal of part or all of the pancreas and which could explain why you still have a pancreatic tail and body.

1 Answer | Asked in Medical Malpractice for Nevada on
Q: My mom was admitted to St Mary's Hospital in Reno, Nevada for acute liver failure where she was denied any dialysis and

Died 23 days later after kidneys failed. Do I have a case?

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2022

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

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