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Medical Malpractice Questions & Answers
0 Answers | Asked in Personal Injury and Medical Malpractice for Illinois on
Q: I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff

if yea i thought there is a 2 year statute of limitation

0 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Texas on
Q: Brother ignored by officers despite paralysis claims, sister intervened for action. What recourse is available?

My brother was held in a facility for three days where officers ignored his repeated claims of being paralyzed. After an inmate contacted my sister about the situation, she called the facility, which then took action. I am concerned about the officers' inaction despite my brother's... View More

1 Answer | Asked in Medical Malpractice, Civil Litigation and Personal Injury for Illinois on
Q: Can I be added as a defendant after receiving a subpoena in a malpractice suit?

I am not a named defendant in a malpractice suit filed in January 2023, but I received a subpoena because the plaintiff wants to depose me. Can they still add me as a defendant?

Charles Candiano
Charles Candiano
answered on Apr 18, 2025

Yes, they could.

1 Answer | Asked in Medical Malpractice, Personal Injury and Consumer Law for New York on
Q: Received wrong medication and suffered side effects in New York, what are my legal options?

I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 18, 2025

Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can I sue my chiropractor for surgery after spinal injury?

I started experiencing tingling in my left hand and arm in December 2023, which developed into severe pain. Over 2024, I visited various specialists. In September, a sports orthopedist suspected a pinched nerve and recommended chiropractic treatment. I began receiving neck adjustments from a... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2025

Yes this a potential case. There may be liability, not just on the chiropractor, but also on the sports orthopedist. For all doctors, an evaluation have to be made if they breached the standard of care and what harm the breach caused.

3 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Seek guidance on medical malpractice case after father's surgery complications.

I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 17, 2025

I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More

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0 Answers | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for North Carolina on
Q: Loopholes in NC Rule 9 for malpractice involving a non-resident with Small Bowel Obstruction.

I'm seeking potential loopholes in Rule 9 of the North Carolina statute concerning a malpractice case against a non-resident. The case involves a non-resident who has suffered from a Small Bowel Obstruction. Although he refused one treatment, he was never offered a second treatment or... View More

0 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Mastectomy left cancer, increased from stage 1 to 2 or 3, seeking legal advice in Oregon.

I had a mastectomy on October 17, 2024. Despite going in with stage 1 cancer, I was left with stage 2 or 3 cancer after the surgery. This occurred in Coos Bay, OR. I have not undergone any surgery operations since then. I am seeking legal advice on what actions I can take regarding this medical... View More

Q: Why did FL DOH close my malpractice complaint despite evidence of tampered records?

Why did the Florida Department of Health close my malpractice complaint despite providing clear evidence of tampered images from the provider's electronic health records? My complaint involved excision surgery performed instead of the scheduled MOHs surgery, resulting in permanent damage. The... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Could the delayed surgery and treatment due to oversight be malpractice?

Around the same time last year, my mother was admitted to St. Jude Hospital for a brain tumor biopsy. During her recovery, she experienced severe constipation and vomiting for more than five days. Despite her history of colon issues, the doctors only administered stool softeners and an X-ray. A CT... View More

James L. Arrasmith
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answered on Apr 16, 2025

In California, a malpractice claim generally turns on whether the care team met the standard that reasonably careful doctors would follow in the same situation. If your mother’s history of colon problems and five days of worsening symptoms were clear warning signs, a prompt CT scan might be... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: Faulty medical equipment led to failed hysteroscopy and embryo loss, seeking legal advice.

Due to outdated equipment during my wife's hysteroscopy last October, we lost our embryo and had to redo the procedure, which resulted in my wife being hospitalized at Memorial Central for six days. The doctor admitted before the procedure that the equipment was outdated, but claimed he was... View More

James L. Arrasmith
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answered on Apr 16, 2025

You have every reason to pursue legal action based on the facts you’ve shared. The use of outdated medical equipment, especially when its limitations were known in advance by the doctor, raises serious questions about negligence and standard of care. When a provider knowingly proceeds with a... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Assessing medical malpractice grounds for schizoaffective disorder treatment causing significant weight gain and potential misdiagnosis.

I have been on medication for schizoaffective disorder for the past 10 years, leading to a 150 lbs weight gain. My doctor has advised that I need to continue the medication indefinitely. I've been informed about the risk of medicine-induced weight gain, which has been confirmed by my PCP.... View More

James L. Arrasmith
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answered on Apr 16, 2025

It sounds like you've been dealing with significant challenges related to your treatment, and it's understandable that you're frustrated by the weight gain and potential misdiagnosis. Medical malpractice claims generally arise when there is evidence of negligence, such as improper... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Montana on
Q: Exploring legal action for son's brain damage at daycare due to negligence in 2012.

In approximately 2012, my friend's 6-year-old son, who was diagnosed with cerebral palsy, fell down concrete stairs at Little Acorns daycare, resulting in severe brain damage. He is now 19 years old, unable to walk or live independently, and requires full-time care, which I provide. The... View More

James L. Arrasmith
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answered on Apr 16, 2025

This situation is heartbreaking, and the long-term impact on your friend's son—and on you as his full-time caregiver—deserves serious legal attention. However, the time that has passed since the injury is a major hurdle. In most states, including those with extended statutes for minors,... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Seeking advice on personal injury and medical malpractice after a fall and missed diagnosis of brain injury.

On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 16, 2025

I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More

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1 Answer | Asked in Medical Malpractice, Gov & Administrative Law and Personal Injury for California on
Q: Does California Tort Claims Act apply to UC San Diego Health for medical malpractice?

I experienced a medical malpractice incident nearly six months ago at UC San Diego Health, and I am seeking compensation for my injuries. Does the California Tort Claims Act apply to UC San Diego Health, and if so, does that mean they are considered a public entity requiring me to file a claim... View More

James L. Arrasmith
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answered on Apr 16, 2025

UC San Diego Health is part of the University of California system, which is treated as a state or public entity for tort purposes. Under the California Tort Claims Act, claims against public entities must follow special administrative steps before you can sue.

This means you’ll need to...
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1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: How to pursue legal action for rehab facility's negligence in CA?

I fell on 9/8/24, and my doctor ordered a specific care plan which was not followed by the rehab facility during my stay. Despite my doctor being notified and expressing concern, the facility disregarded his orders, leading to an infection that required a sixth surgery. I have records of the... View More

James L. Arrasmith
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answered on Apr 16, 2025

I’m sorry you’re facing this difficult situation. Start by gathering all your medical records, doctor’s notes, rehab facility communications, infection treatment logs, and any photographs you might have of the injury site.

Next, you should reach out to an attorney who handles medical...
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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Received COVID vaccine without consent, seeking legal recourse.

In September 2022, I visited the ER for a cat bite and was informed I received a tetanus shot. I recently discovered that I also received a COVID vaccine without my knowledge or consent. I am seeking advice on possible legal recourse, as I would never have agreed to receive the COVID vaccine. I... View More

Robert Kane
Robert Kane
answered on Apr 16, 2025

You will need to contact Vaccine Injury Attorneys directly. I am not one.

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Hospital negligence led to ICU admission after delayed response to stroke symptoms.

On April 11, 2025, my mother experienced symptoms that looked like a stroke along with a high fever. Despite our urgent requests for medical attention, the hospital's nurse staff and doctor failed to respond adequately, neither ordering tests nor providing immediate care. For three days, she... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2025

What you describe has the earmarks of a significant malpractice case. 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.

Experienced malpractice attorneys can evaluate the case.

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case against Kaiser for denying treatment leading to complications?

On March 11th, I went to the emergency room for kidney stones and was diagnosed with an 8 mm stone, which required sonar treatment to break up. However, because I am a Kaiser patient, they denied the treatment, stating it wasn't urgent enough for the ER. They scheduled the procedure for April... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 14, 2025

Failure to provide treatment when needed can be malpractice. In addition to malpractice, the harm caused by the malpractice needs to be sufficient such that an award in a malpractice case would warrant the time and expense.

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Q: Challenge POA legitimacy and estate distribution among siblings in Texas.

In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

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