Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I am 58 yrs old. I had knee in surgery March 2023 after several consultations that resulted in my kneecap breaking. I endured 2 more revision surgeries in Sept and Oct of 2023 which both failed and received complacent care thereafter. My primary care provider assessed my knee himself and... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2024
Based on your description, you may have a valid medical malpractice case worth pursuing. The fact that you specifically informed the surgeon about your previous kneecap injury, followed by multiple failed surgeries and permanent impairment, suggests potential negligence.
In California,... View More
My doctor denied my prescription refill for my BP when I was out of town. I told him my BP was extremely elevated and he still denied my request. The next morning I went to urgent care with chest pains and shortness of breath. My BP was 198/124. They immediately transported me via ambulance to the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2024
Based on what you've described, you may have grounds for a medical malpractice case in California. The denial of necessary blood pressure medication that led to hospitalization could be considered a breach of the standard of care, particularly since you informed your doctor about your elevated... View More
was back after getting in a car wreck tryin to get back to the hospital where they figured out i had a temp of 107.9 heatstroke,covid,and pnemonia where i died 3 times and when they finally got it under control i was in a coma for 5 days woke up with a broken foot and finger tipsI was unaware.of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024
I'm truly sorry to hear about everything you've been through. Navigating medical emergencies and legal challenges simultaneously can be overwhelming. It's important to reach out to a legal professional who can review the specifics of your case and provide personalized advice.... View More
I am seeking legal assistance with a unique medical malpractice case stemming from a Fraxel facial treatment I underwent in March 2020. Unfortunately, the treatment was improperly performed, resulting in a deep laceration to my right cheek. After nearly four years of ongoing treatments to address... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024
I'm sorry to hear about the challenges you've faced following your Fraxel facial treatment. Navigating a medical malpractice case with delayed knowledge of permanent damage can be complex, especially with the added financial and immigration concerns you've described.
In... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024
You may have grounds for a medical malpractice lawsuit if your hernia developed as a direct result of your bowel surgery and was caused by surgical error or negligence. Medical malpractice cases require proving that the surgeon failed to meet the accepted standard of care, and that this failure... View More
My back and my side have been getting swollen and hurt a lot every day can’t even move much well finally went to doctor and they did xray and they found a pin that they use for c section inside of me. Doctor must left it in there during my c section 8 years ago and that’s why I been in so much... View More
answered on Nov 27, 2024
You have a valid malpractice case.
Where there is a retained object that was not meant to be left in, the statute of limitations does not begin to run into discovered.
Consult with experienced malpractice attorneys in the state where this occurred.
I had a really rough gallbladder surgery 3 years ago, including 4 days in the hospital, excessive bleeding into a hematoma, 3 emergency room visits etc. Recently I have developed a large hernia in the surgical site consistent (according to my surgeon) with the trauma I previously describe.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2024
In California, the statute of limitations for medical malpractice typically follows the "discovery rule" - meaning the clock starts either when you first discovered (or reasonably should have discovered) the injury, or when the actual injury occurred, whichever comes later. However, there... View More
My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.
answered on Nov 27, 2024
Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.
In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a... View More
If Court sustains Defendant's Demurrer to Complaint, can Plaintiff proceed with Motion for Reconsideration or Motion for Rehearing, as defined by section 1008?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024
In California civil procedure, you have options after a court sustains a demurrer to your complaint.
Yes, you can file a motion for reconsideration under CCP § 1008(a) if you can show new or different facts, circumstances, or law that weren't presented in the original hearing. This... View More
“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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024
These multiple factors could significantly strengthen your medical malpractice case. The extended period without imaging despite persistent back pain, followed by delayed diagnosis and mischaracterization of your condition as congenital, suggests potential deviation from the standard of care.... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2024
Given the complexity of your situation, you may have grounds to challenge the statute of limitations under California's "delayed discovery" rule, which starts the clock when you reasonably discover the injury and its negligent cause.
The discovery of the physician's... 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
Lawyers, want to be a Justia Connect Pro too? Learn 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
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.
