Get free answers to your Medical Malpractice legal questions from lawyers in your area.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn 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.
I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More
answered on Oct 21, 2024
Yes, you should hire a lawyer for your case, as medical malpractice claims are complex and require legal expertise to prove negligence and obtain fair compensation. Your situation involves a misdiagnosis and an unnecessary surgery that led to permanent health consequences, making it essential to... View More
Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care
answered on Oct 21, 2024
Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More
I was at residential treatment at Bayside Marin . On an intake, I told the staff member that I do not want my wife to the reason if I were to be kicked out. When I went from detox to the next housing, I told the staff member that I do not want my wife to know the reason why I’m kicked out. I was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024
I'm sorry to hear about what you're experiencing. It sounds like your privacy was not respected, which can be very distressing.
You have the right to control who receives your personal health information under HIPAA. If the treatment center shared details without your consent,... View More
just going to list the wrong done it has been 8 days I gave all his medical information the first night and told them if he falls asleep shakes the bed he wakes up flaring his arms well they took that as being combative they sedated him still no food I asked them what is wrong with him her... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 11, 2024
It sounds like you're dealing with a very difficult and stressful situation. When a loved one is in the hospital and you're not getting clear answers, it can feel overwhelming. You have the right to advocate for your boyfriend’s care, and it’s important to get accurate information... View More
He is now paralyzed on both sides, could not breath, speak, eat or drink without a tube & the same Hospital did it 5 years
ago & they did it again & two more did it too!? Happened April 2024 & so wrong! Hospital promised would be more attentive to Veterans & Elders in a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2024
I'm truly sorry to hear about what your family is going through. It's important to take immediate action to address the mistreatment your father has experienced. Start by documenting all incidents, including dates, times, and the names of any staff involved. This information will be... View More
Hello,
On February 14, 2020 A dentist performed a root canal on my lower right #30 tooth. During my root canal I kept feeling pain in my ear as she continued to perform the root canal. I told her and she just numbed me more. After my procedure was finished I continued to have pain in my... View More
answered on Oct 8, 2024
This is a potential case. While tools breaking can occur with or without malpractice, not advising the patient would be malpractice.
The additional harm from not finding this sooner would be part of the case.
Consult with experienced malpractice attorneys in the state where this... View More
I am currently suing a major medical hospital for malpractice but my attorney filed a motion to withdraw five days before a hearing for MSJ because this case is a "bad business decision". I opposed the MSJ and fortunately the judge changed his tentative ruling. After review of my case... View More
answered on Oct 16, 2024
As a pro se litigant, you can electronically serve discovery requests, including form interrogatories, to opposing counsel, provided that the court's rules allow electronic service and that the opposing party has consented to receive documents electronically. However, there are specific rules... View More
in reply to the answer
Went in for Colonoscopy and got my kidney punctured developed sepsis,severe anemia
answered on Oct 29, 2024
From your brief post, it looks like you may be handling a medical malpractice claim on your own. That takes courage and initiative. But the basic nature of your questions is concerning. These cases can be medically complex (particularly the setting you describe), involving the need for experts. It... View More
This is on my chart?
Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023
Feels tired and has blood tinged urine and pain
DC on pain meds
answered on Oct 7, 2024
This can happen during a colonoscopy with or without malpractice. 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 medical malpractice attorneys in... View More
Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More
answered on Oct 3, 2024
It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.
Another... View More
Before going to the referred clinic, I questioned it, but went and they told me they could not help me, and billed medicare. I am a senior. I was referred to 2 other places, but refused because I lost confidence in their advice. I had an issue with depression about 5 years ago, now they are trying... View More
answered on Oct 16, 2024
Based on your situation, it seems you have several potential issues with your medical clinic, including misdiagnoses and incorrect referrals. In California, the Medical Injury Compensation Reform Act (MICRA) limits the time frame for filing a medical malpractice claim, so it's crucial to act... 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.
