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Questions Answered by Joel Gary Selik
2 Answers | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Do I have a medical malpractice case?

I gave birth in May of 22. It was a planned c-section. After c-sections nurses are supposed to come and press on your stomach to make sure you don't form a clot in your uterus. My nurses didn't do this, and I formed a blood clot that caused me to hemorrhage pretty badly. I believe it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 13, 2023

Yes there is a potential case. 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. Due to the nature of medical malpractice cases, the extent of your injuries may effect the... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: If my appendix burst because the hospital waited over 8 hours to do my surgery, Do I have a case?

My original CAT scan showed my appendix was still intact. I waited between 8-12 hours for my surgery to take place even though they knew I was having pain for 3 days previously & there was a chance my appendix could perforate. It did & I had a bad gangrenous infection & had to stay in... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 9, 2023

Yes it is possible this is malpractice. Another doctor would need to review the records and determine if the health care providers breached the standard of care in the delay and if that delay caused your damages. Additionally, the nature and extent of your harm will determine the viability of a... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I had a cast on after surgery that has caused damage to my hand. Is there any I do?

I had surgery on my thumb CMC joint on February 22, 2023. My surgery in the joint went well. However they placed me in a cast for a month after my surgery. I emailed my doctor twice that my cast was too tight and my fingers were swollen and I was in constant pain. The doctor had me go for a cast... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 8, 2023

You may have a valid medical malpractice case. Another doctor would need to evaluate what was done to see if the doctors acted below the standard of care and if their malpractice is what caused your damage. Consult with an experienced medical malpractice attorney in the state where this occurred.

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the considered medical malpractice in the state of CA?

I broke my L-ankle and R-5th metatarsal. I went to our local ER and they scheduled an appt eithlocal orthopedic surgeon.He preformed the surgery. At the 1st f/u appt he asked if I was taking my antibiotics I told him I didn’t receive any. He prescribed some. By my 2nd f/u appt my L-leg below my... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 28, 2023

The question is, was it “below the standard of care” not to immediately prescribe antibiotics. 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. You may have a good malpractice... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for North Carolina on
Q: I was bit on the face by a brown recluse while asleep, hospital cut away some skin left a real bad scare on my face what

Are my rights, it is horrific and I have to go to plastic surgery because of it.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

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.

Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case....
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4 Answers | Asked in Contracts, Personal Injury and Legal Malpractice for California on
Q: How can I deal with a crazy attorney Rob my money?

I got settled for my car accident case, I represented myself, and got money by myself. But my prior attorney asked for 20% fees from my settlement, he only filed a lawsuit and did one step only 1% work, then he withdrew my case, it was not me fired him, and he didn’t ask for any fees at that... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

You can file with the Bar Association, fee dispute arbitration, to which the attorney must submit. The attorney does not have to agree to it to be binding. [In California].

And you may be able to negotiate a resolution for the attorney to take less than what the attorney claims.

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2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement... View More

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Q: Why does my life not seem to matter why does a woman have to hemorrhage & pretty much die before obgyn will do a dnc

3 blood transfusions hours of unexplainable un necessary pain. To much pain meds given after patient specially said no more fentenal to then have to go into respiratory depression a laceration in my mouth from intubation and then to be told by the very person who didn't feel he needed to check... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 24, 2023

You make a great point. This is one of the reasons lawsuit are so important. And laws that limit or interfere with right to a jury trial do not serve justice. Otherwise doctors and others can get away without bad actions.

Here, there may be a case. Due to the nature of medical...
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4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: A summary judgment was granted to the defense with no prejudice does that mean I'm able to find a new lawyer.

How do I know if the statute of limitations is up? Is there a way to extend it if it is?

Joel Gary Selik
Joel Gary Selik
answered on Jul 21, 2023

Statutes of limitation very by type of case (for example the time limit to sue for personal injury may be different than suing on a written contract or for medical malpractice). There are very limited ways in which to extend the limitations periods and it is very rare. The facts for each case,... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for South Carolina on
Q: yearly exam to my OB doctor. She said I had a cyst on my ovary so we’re gonna do a hysterectomy I go for follow up and

She Said oh the cyst was not on your ovary. It was on your colon, so why did you give me a full hysterectomy if it was on my colon. I didn’t need to get a hysterectomy. I was fine. She saw a cyst at the exam. She said she was going to do a hysterectomy. She did the hysterectomy and it was not on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 20, 2023

A doctor, on review the records, would need to inform us if it was negligence to not know the location of the cyst prior to the surgery. 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... View More

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for North Carolina on
Q: My husband was in a car accident in 2018 while at work and did have major back surgery, why does he have to pay bk wc

he settled with WC and now has just won his first part of the lawsuit and now has the 2nd part going. Lawyer is holding first check because they said that NC law says they can't pay him out until 2nd part is settled, we were not aware of this upfront, and we were not aware that he would be... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 19, 2023

The reason is that in the lawsuit you are obtaining compensation for the same things that are being paid by work-comp so that work-comp should be repaid. It is possible there may be exceptions and potential to negotiate how much they need to pay based on strength of liability, limitation of... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: If one of my adult children caused an accident and someone was killed, could my assets be at risk?

Their names are on the title of their cars, and they still live at home, but I pay the auto insurance. If I could be sued, would a $1million policy be enough? The basic policy covers $500K, and I have a $1 million umbrella policy, so currently I am covered for $1.5 M. Do I need to be covered for... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 16, 2023

Unless you independently did something wrong (for example allowed someone incompetent to drive) your liability is limited. But higher insurance provides better protection and is often worth the small increase in cost.

Also make sure you have the highest amount of UM/UIM coverage, as...
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1 Answer | Asked in Collections for Georgia on
Q: I was sent to collections over a gym membership claim that happened 3 years ago - what should I do? Pay or Dispute it?

Aldous and Associates have a debt collection on me for $118 regarding a gym membership from about 3 years ago. It recently hit on my credit. Some context: This gym and I had gone back and forth for months, via call and text, about cancelling my membership (I was away at college, not needing my... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 10, 2023

Your concern is justified (I do not mean about this particular collector, but collectors in general). You need to get any agreements in writing before you give them information or pay anything. You need to determine if it is worth your time to contest this. They often just do not care, and will... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Got a bedsore when I was admitted in cmc Charlotte hospital can't get no one to take case I was in ICU a month and stag

Four sore when I was released from hospital need compensation for pain and suffering

Joel Gary Selik
Joel Gary Selik
answered on Jul 7, 2023

There are many aspects to a medical malpractice case attorneys evaluate. Medical malpractice cases are challenging and exceptionally time consuming. Not all valid cases can go forward.

There have been many cases where an injured person’s case was rejected by many attorneys but was,...
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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Florida on
Q: I live in Florida. My husband had an accident in a car registered only in my name. We have insurance with $50000 BI.

We are both on the same insurance policy. A woman was crossing the road with all black scrubs on and he ran over her foot as he was taking a left out of an ER driveway. The area is not well lit. The lighted crosswalk was 30 feet away but she was not in the crosswalk when he hit her. The officers... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 6, 2023

While it is possible they can go after your personal assets it is unlikely. Your insurance will cover you. Get your own attorney just to supervise the insurance company and insurance defense attorney to make sure you are protected.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Why is it hard suing a Dr. for Surgical Malpractice, who works with W.C.?

Was hurt at work, just some bruising, no breaks, no fractures. Plate and screws were rejecting within first hour after surgery. 2 months later, still with infected and now wide open surgical area, the hardware had to be removed or I was going to lose my foot and ankle. The plate and screws were... View More

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

Consult with experienced medical malpractice attorneys in the state where this occurred that do not handle work-comp. That way the attorneys will not be concerned with a conflict with work-comp doctors.

Medical malpractice means that a doctor violated the standard of care. A bad outcome...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

There may be a civil case and a complaint to the medical board. But before you do anything, Consult with experienced medical malpractice attorneys in the state where this occurred.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Can I sue for complications of Uro-lift surgery?

Had colon surgery in 12/22 . Recently had prostate procedure with Uro-lift implant and now can't or with great pain and discomfort bowl movement. I didn't have these issues before this sury

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Yes you may have a case. 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. Consult with experienced attorneys in the state where this occurred.

Due to the nature of...
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3 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Education Law for California on
Q: I want to sue a school district for defamation, but I can't find a lawyer who deals in educational civil litigation.

Management fabricated a story, an easily disprovable story, because, in the story they made up about me, they also made up witnesses to the made-up story. This is a discrimination case as well as a defamation case. I am being harassed because of my color. I need to find a good lawyer who will take... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 25, 2023

There are many attorneys who sue school districts, but less attorneys who take on cases for defamation. These type of cases have many risks and complications. Additionally, not all cases where it is believed there is defamation and or harassment, actually fit the what is legally considered... View More

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2 Answers | Asked in Traffic Tickets, Car Accidents and Civil Litigation for California on
Q: I just received a notice in the mail from DMV It says that my residence address has been requested and released pursuant

To vehicle code section 1808.22 what's that mean?

Joel Gary Selik
Joel Gary Selik
answered on Jun 25, 2023

Driver’s license information, in California, may not be released except in certain circumstances. Your information was released.

California Code, Vehicle Code - VEH § 1808.21 “ (a) Any residence address in any record of the department is confidential and shall not be disclosed to...
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