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Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice for California on
Q: Does delayed imaging, false congenital claims, impaired doctors, and ongoing harm strengthen my medical malpractice case

“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

0 Answers | Asked in Medical Malpractice for California on
Q: “Can I challenge the statute of limitations for malpractice based on ongoing harm caused by delayed imaging, misdiagnos

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

1 Answer | Asked in Medical Malpractice for California on
Q: I had a nurse purposely put a needle the wrong way into my arm at a plasma center.Is there any help or advice I can get?

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

James L. Arrasmith
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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

0 Answers | Asked in Medical Malpractice for Indiana on
Q: How long is too long to get money back for dental work that did not get done?

I did a payment plan through Dental First Finance for a treatment plan through Aspen Dental back in 10/15/2019. The day that I signed the plan is the only day I went to that dentist. Shortly after that Covid happened and then life happened and now I have a different insurance and live in a... View More

0 Answers | Asked in Civil Rights and Medical Malpractice for Wisconsin on
Q: An intern psychiatrist violated my civil rights to make my own informed decision about EMDR therapy.

I have proof that she didn't write it in her notes that she did the first step of it. I've been having physical and emotional flashbacks about being raped by a foster father when I was a kid for almost 6 years now. Reliving being raped over and over again. I don't have any money to... View More

1 Answer | Asked in Medical Malpractice for California on
Q: Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

Motion for Reconsideration VS Motion for Renewal - PROS AND CONS.

James L. Arrasmith
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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...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: I went to emergency for severe abdominal pain 3 different times and each time they sent me home with pain meds oxycodone

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

James L. Arrasmith
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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...
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2 Answers | Asked in Medical Malpractice for California on
Q: dental negligence claim medical malpractice

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

Joel Gary Selik
Joel Gary Selik
answered on Nov 17, 2024

The very first thing is see other dental specialists to find out what is wrong.

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0 Answers | Asked in Products Liability and Medical Malpractice for Massachusetts on
Q: My NP are stopping my Opiates after 20 years

for almost 20 years I have been taking Oxycontin and Percocet for over all pain, I have been to clinics and multiple specialists and this seems to be the only way to get by, however my NP's who took over the practice from my old doctor have decided they are not comfortable with continued... View More

0 Answers | Asked in Medical Malpractice for New Jersey on
Q: Premature delivery due to cervical insufficiency

For context, my wife had been experiencing lower abdominal pain and mentioned it to her doctors, who reassured her that it was normal. However, on one particular day, she started bleeding, so I took her to the hospital. After a scan, the hospital informed us there was bleeding in her uterus, which... View More

0 Answers | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for Oregon on
Q: I’ve been working as a surgical technologist for seventeen years and never told carcinogens are in the smoke during?

I was never told there are carcinogens and other cancer causing chemicals from the smoke that is released when we cauterize. I see so many articles showing how bad it is. I was diagnosed with invasive ductal carcinoma July 2023. Along with this I get headaches, and congestion a lot when I’m at... View More

3 Answers | Asked in Medical Malpractice for California on
Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

If so, is this a small claims, I was not injured, except my symptoms lingered for a long time

Eliza Jasinska
Eliza Jasinska
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

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
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James Clifton
answered on Nov 12, 2024

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

0 Answers | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: My son was circumcised when he was born back in 2021.

Doctors somehow messed up the procedure and now he has to have surgery to correct the issue. I'm wondering why are we being held responsible for the payment when they messed up?

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

0 Answers | Asked in Medical Malpractice and Wrongful Death for Arizona on
Q: found out what happened to husband after reading records but only have 2 mo left before 2yr ar up

Im in Az.. 2 mo left for statues I need a extension after a lawyer discouraged me from going further a recorded convo. What do I do just found out what happened after records they didn't tell us any of what was in records. What steps do I take and I don't trust any lawyers after that call... View More

0 Answers | Asked in Medical Malpractice for Arizona on
Q: In Az does everyone do a claim of notice a

Also I have 2 months left before status is up for medical malpractice my husband died and a lawyer called saying I didn't have a case even if they did 100 things wrong. But I went and educated myself and found 50 that fell below standard of care all evidence in records is 2 months enough n do... View More

1 Answer | Asked in Medical Malpractice for Nevada on
Q: 1TSR ,Arthritic shoulder. Imeddiate pain post surgery. Several calls to surgeon and was told it was frozen. Unable to

Xrays abductly. Ordered CAT scan took 2 months for scan and immediate call from Surgeons

assistant. Told Sub tend was completly detached. I went to another surgeon' and had a reversal shoulder surgery .

Surgeon found Irreparable atrophyed and nerve damaged to the sub... View More

Jennifer Setters
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answered on Nov 14, 2024

I'm sorry to hear about what you've experienced, especially considering the impact on your career and daily life. It sounds like you may have grounds to pursue a medical malpractice claim based on what you’ve described. Here’s an overview of potential claims and steps you could... View More

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