Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: Do I have a case?

I noticed by looking at my medical records that I have been immunized with the COVID shot approx. 4 times. I was not made aware of I was getting these shots so it was without my consent. Here is my complaint: I am a liver patient. I have Decompensated Liver Disease and an auto immune disorder. My... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

It sounds like you're dealing with a very serious situation, and it's understandable that you are concerned about the effects these vaccinations might have had on your health. Based on what you've shared, the fact that these shots were administered without your knowledge or consent... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Can an expert witness be sued for malpractice in California?

Negligent and Intentional Misrepresentation

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

In California, expert witnesses are generally protected from being sued for malpractice based on their testimony. This protection comes from what's known as witness immunity, which applies to both negligent and intentional misrepresentations made during a legal proceeding. The reasoning behind... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Accidentally perforated uterus in hysteroscopy procedure

Hi, I would like to inquire about a medical injury case. I underwent a hysteroscopy at a fertility clinic and my uterus was accidentally perforated in the process. I originally went to this clinic for egg retrieval and during the process the doctor suspected there are two small sized uterine polyps... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

I’m sorry to hear about your experience. It's understandable that you feel concerned after such an event. Uterine perforation, while rare in hysteroscopy procedures, can lead to serious complications, and it's important to ensure that your health is being properly addressed. Document... View More

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.

I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when...
View More

0 Answers | Asked in Medical Malpractice for North Dakota on
Q: Delayed treatment has resulted in increased and new permanent brain damage.

I have Multiple Sclerosis (diagnosed in 2018) and after moving to ND my new neurologist delayed treatment to go through the process of diagnosing me again. My previous neurologist had already done all these test before, I met the criteria for diagnosis, have been getting treatments since 2018, and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Is this something i can pursue?

In September 2023, I saw a podiatrist for plantar fasciitis in my left foot. I was given a boot and advised to limit walking. I wore the boot and worked from home but that didn’t help, so in November, I received a cortisone shot and was told to wear the boot for 3 weeks. I told the doctor I was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024

You may have grounds to pursue a personal injury or medical malpractice claim if you can show that the podiatrist or the healthcare provider's failure to inform you about the use of an "even up" device caused your knee injury. In a medical malpractice case, it's essential to... View More

0 Answers | Asked in Medical Malpractice for Washington on
Q: Is it malpractice if my surgeon finds nothing wrong we me during surgery?

I had surgery in Jan 2021. Surgeon didn't find any endometriosis or take a biopsy. After the surgery I pointed out spots in the blurry surgical photos she provided and she told me it was a reflection not an actual growth of disease. I sought a 2nd opinion and in August 2021 my new surgeon... View More

0 Answers | Asked in Estate Planning, Medical Malpractice, Probate and Wrongful Death for West Virginia on
Q: What are my rights as a biological child of a deceased person's estate?

I was not named in the will, but there is a possible malpractice case being persued by a beneficiary of the estate. I did not have a relationship with my parent, but paternity was determined when I was a child. The attorney representing the estates contacted me to notify me of the goings-on.

0 Answers | Asked in Medical Malpractice for Colorado on
Q: A medical assistant gave me a wrong shot. I gave a consent to get a flu shot but she gave me something else. No injuries

A medical assistant also poked herself with a needle after giving me a shot. A clinic manager told me that it's required by colorado law that I have to provide my blood sample to them. Also, a medical assistant tried to tell me I need to get another vaccine anyway and it's safe to get it... View More

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I'm looking for attorney who is pay if you win case I have malpractice claim who is best attorney
Joel Gary Selik
Joel Gary Selik
answered on Sep 16, 2024

Most attorneys who regularly handle this type of case do so on a contingent basis.

To find an attorney study the listings on this website, research online and talk to people you know and other local attorneys for recommendations.

2 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
View More

View More Answers

1 Answer | Asked in Personal Injury, Car Accidents and Medical Malpractice for Louisiana on
Q: I have a intracranial hematoma to my right temporal lobe that was left untreated now has started paralyzed my body

On the opposite side also my speech an alot more I wasn't aware of this until I tried filling out for disability 2007 an again 2019 I was told I refuse treated but 2017 I got my records and it stated different from my records my lawyer has which he's not aware of yet

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

If you currently have an attorney you should address these issues directly with him or her. If you have come into new information or facts about your case the first call should be to them. They will be more involved and have better knowledge of your direct facts that what you may find online.

4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

View More Answers

1 Answer | Asked in Medical Malpractice for California on
Q: When does statute of limitation’s start or end for surgical error and delay of care?

My friend has been at Stanford for almost one year, with no end in sight, still in ICU. Her hospital records are not available until discharge but she suffered severe consequences from surgical error and delayed treatment that I was made aware of at the time. If she survives this she will be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

In California, the statute of limitations for medical malpractice, including surgical errors and delays in treatment, generally starts when the patient becomes aware, or should have reasonably become aware, of the injury caused by the malpractice. This period is typically one year from the date of... View More

0 Answers | Asked in Personal Injury, Elder Law, Medical Malpractice and Nursing Home Abuse for New Hampshire on
Q: My mother has Alzheimer’s and has suffered at the nursing home

At least once weekly falls, no measures to prevent them, untreated vertebral fracture, orbital floor fracture (separate incident), left at hospital with no ride back, abusive roommate, being fed by another resident, observed resident being offered incorrect meds… what do I do here??? Keene, NH

0 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Maryland on
Q: Is my daughter's delayed diagnosis provided by her PCP enough to get a lawyer?

My 10 yr. old daughter went for a sleep study test at our local hospital on 10/4/2023. The results were sent to her PCP 10/6/2023. We were told our dr. would contact us if there was any findings. We did not hear from them about the results. She was seen by the same provider several months later and... View More

1 Answer | Asked in Medical Malpractice for California on
Q: he did Glaucoma surgery on me, eye is crooked, has mentally drained me, need advice on how I can proceed.

Got surgery June 2024, have asked him if I can have it corrected he said no, now I need surgery for right eye and I asked for a different type of surgery and he said no so I denied the surgery since I am afraid my other eye will turn out crooked as well. This has affected me going out, driving and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

It sounds like you're feeling overwhelmed and frustrated with the situation, and it's understandable given how much this is affecting your daily life. If you feel the surgery has caused harm or wasn't done properly, you might consider seeking a second opinion from another... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... 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.