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Questions Answered by David Baria
1 Answer | Asked in Medical Malpractice and Personal Injury for Mississippi on
Q: I had an injury to my hand and was told by the first ER I went to that there was no damage and was sent home.

Two days later I had to go back to the ER, but I went to a different location. I then found out I had tendon damage and nerve damage and was referred to my orthopedic doctor. I ended up needing surgery due to the injury. Would it be considered misdiagnosis/malpractice from the first ER visit I went... View More

David Baria
PREMIUM
David Baria
answered on Nov 6, 2024

To pursue a claim for medical negligence you must have an expert witness (an M.D. under the facts you have related) who can provide the opinion that the treatment provided by medical staff at the ER during your initial visit deviated from the standard of care applicable to them. Assuming that an... View More

1 Answer | Asked in Personal Injury for Mississippi on
Q: In front of a business there was an open water meter without the lid on it and I tripped in it. Do I have a case?

There was no sign or anything to warn me that it was open or anything. No cones or caution tape nothing

David Baria
PREMIUM
David Baria
answered on Nov 6, 2024

In Mississippi, to win a premises liability case you must prove that there was a dangerous condition that caused your injury. Additionally, you are required to prove that the landowner (or the occupier if not the owner) either: 1. caused the condition; or 2. knew or should have know of its... View More

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