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Questions Answered by Mrs Lauren Morgan Ellerman
2 Answers | Asked in Medical Malpractice for Virginia on
Q: Can you sue for Malpractice after being left to birth in a toilet at a hospital?

I was in labor and delivery for hours without anyone checking on me. Eventually I press the call button to use the bathroom, without checking on me she unhooked me from the bed and left me by myself in the bathroom. As soon as I sat down, my water broke and the baby was coming, I was screaming and... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Jun 15, 2023

I am so sorry this happened.

I am so glad you and your baby are ok.

No, you don't have a viable malpractice claim. I would recommend sending a letter to the hospital and let them know how upsetting this was - but beyond that, you do not have a compensable claim under Virginia...
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1 Answer | Asked in Family Law and Probate for Texas on
Q: My brother died in Virginia . I live in Texas and am named in his will as executor. Can I sign a proxy to an attorney.

One of his heirs has been named his murderer. Is there any way around me appearing in person. I have kidney failure and am on dialysis, so a trip to Virginia is unlikely. His daughter has probated the will and now wants to be executor. I don't want that as that was not my brother's wish... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Feb 22, 2023

Who does the Will appoint as Executor?

You can contest that appointment and should hire an attorney in the town / county where he lived - but usually, whoever the Will appoints is allowed to to qualify.

Also, Virginia does have a statute that if you cause someone's death you...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: i was administered an antibiotic i am allergic to w/o my consent nor a physician order at a nc hospital. what do i do?

i live in virginia and the procedure was in winston salem. i was administered erythromycin eye ointment while unconscious under general anesthesia for retina surgery in both eyes, with staff claiming it was standard practice (overlooking my medical record allergy list) and I woke up with a severely... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Dec 20, 2022

I am so sorry to hear what happened.

Some preliminary issues - NC law (not Virginia law) governs your potential claim so call a NC attorney to seek help.

While it is clearly negligent to administer a medication someone is allergic to, that is not the only question when deciding...
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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... View 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 Personal Injury and Medical Malpractice for Virginia on
Q: Can i stilll sue

I went to duke to have my hip put back in then during rehab it popped out and they sent me to hospital after rehab center left me there for two days with 2 dislocated hips well rehab threw me out saying i costed them to much money. So i went home my hip popped out 22 times in two weeks. Went to... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Oct 13, 2020

Oh wow - I am so sorry to hear all of this. You may have a claim against them - but I am not licensed in NC and cannot advise as to the laws of negligence in North Carolina. If you would like a few excellent attorneys licensed in both VA and North Carolina - I recommend Amberley Hammer (Va Beach)... View More

2 Answers | Asked in Medical Malpractice for Virginia on
Q: My brother was prescribed the wrong medication and is now in kidney failure. Should I contact the hospital or attorney?
Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Aug 26, 2018

Dear one - I am so sorry for this bad news.

I would have a meeting both with the hospital risk management (where you do mostly listening as to what happened) and call an attorney in your area experienced in Medical Malpractice work.

I will be thinking of your family and will say a...
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