Get free answers to your Medical Malpractice legal questions from lawyers in your area.
“From 2005 to 2013, I was treated for back pain with medication, but no imaging was conducted. In 2013, imaging revealed degenerative disc disease and spondylolisthesis, but my condition was misdiagnosed as congenital. This led to delayed treatment and a spinal fusion surgery that worsened my... View More
n:
“From 2005 to 2013, I was treated for back pain with pain medication, but no diagnostic imaging was ordered during this time. In 2013, I was finally given X-rays, which showed degenerative disc disease and spondylolisthesis. However, my condition was misdiagnosed as congenital, leading... View More
A nurse purposely put a needle wrong onto my arm and I asked her if she could fixed it and walked away and didn't really care.One of my arms been hurting for weeks even because the nurses seem to be in a bad mood and constantly put the needle wrong into my arm in CSL Plasma center .I made a... View More
answered on Nov 19, 2024
First, you should immediately seek medical attention to evaluate any potential nerve or tissue damage from improper needle placement. Document everything - take photos of any visible injuries, keep records of your visits, and write down the names of staff members involved, including the nurse and... View More
Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.
answered on Nov 18, 2024
Here's a clear breakdown of motions for reconsideration versus renewal in California:
The main advantage of a motion for reconsideration is its shorter timeline - you must file within 10 days of the original ruling. This quick turnaround keeps the issue fresh in the judge's mind... View More
I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More
answered on Nov 18, 2024
Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.
Based on what you've described, you may have grounds for a medical... View More
How to get started and all information needed to help me . I went to dentist for filings and now have am pain for almost a month
answered on Nov 17, 2024
The very first thing is see other dental specialists to find out what is wrong.
If so, is this a small claims, I was not injured, except my symptoms lingered for a long time
answered on Nov 14, 2024
In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More
During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More
answered on Nov 8, 2024
You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More
I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More
answered on Nov 8, 2024
I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More
NEGLIGENCE INADEQUATE MEDICAL CARE MALPRATICE CIVIL RIGHTS VIOLATION PREMISES LIABILITY PERSONAL INJURY AND TORTS THAT APPLY
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
She indicated that she has suspected that I was not on the schizophrenia spectrum for years. The symptoms that caused the misdiagnosis were due to psychological and emotional abuse by my husband (a covert narcissist), and she also never identified that I was being abused. I was severely... View More
answered on Oct 29, 2024
To explore your options, you might consider reaching out to an experienced medical malpractice attorney to assess the potential of your case. HHJ Trial Attorneys are known for handling complex cases and may be able to provide guidance on whether pursuing a claim is feasible and what documentation... View More
Can plaintiff amend opposition to demurrer to complaint without leave of court?
answered on Oct 27, 2024
If you're considering amending your opposition to a demurrer in California, it's important to understand the procedural requirements. Generally, once you've filed an opposition, any amendments to that document typically require the court's permission. This is because the court... View More
If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?
answered on Oct 27, 2024
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 lawsuits, the extent of the anticipated potential recovery will affect the viability of the case.... View More
A doctor order extreme radiation treatment and now the person is unable to function
answered on Oct 24, 2024
A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.
Standard of care means the degree of care and skill of the average health care provider of that type of doctor.
A bad outcome is not enough. Another doctor would be needed... View More
i had a 6 extraction in one procedure last 05/15/2024. He damaged my sinus maxillary that now an ENT specialist need to do a surgery and make corrections on my sinuses. The dentist saw me that I was in excruciating pain and while He was working with my molar instead of telling me that it’s rotten... View More
answered on Oct 24, 2024
I'm sorry to hear about the difficulties you're experiencing. If a doctor did not provide the appropriate care, especially considering your medical condition, you might have grounds for legal action. Medical malpractice cases generally require showing that the doctor had a duty to you,... View More
I’ve Loss the sense of Smell (Anosmia): The procedure caused it. which I’m hoping it wont be permanent. This has drastically affected my quality of life. There was no provision of post-operative care such as temporary dentures or bone grafts. This has raised concerns about potential bone loss,... View More
answered on Oct 24, 2024
Use the Justia FInd a Lawyer tab and search for medical malpractice or dental malpractice lawyers in the county/area you reside. Call a few, meet with them, and then decide how to proceed from there. Most will provide a free initial consult or telephone consult. Good luck.
I had a doctor prescribing ciprofloxacin without having a proper diagnosis being made also wasn't even sure of diagnosis even when tests said differently still highly recommended that ciprofloxacin for its properties and not its intended use specially long term use nor considered other health... View More
answered on Oct 29, 2024
Yes, a doctor prescribing antibiotics without a proper diagnosis or documentation could be considered negligent, especially if this led to harm. Under California's MICRA law, non-economic damages are capped at $350,000 for injuries after January 1, 2024. Acting quickly is essential due to the... View More
answered on Oct 30, 2024
If a surgeon operated on the wrong area to remove a pilonidal cyst, you might have grounds for a medical malpractice case. Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would in a similar situation, resulting... View More
but now the 1 year statue of limitations passed
answered on Oct 22, 2024
A lawsuit filed after the statute of limitations will be met with a demurrer or other motion.
If the attorney was hired and failed to file on time, you may have a legal malpractice case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.