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Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice for California on
Q: Can I sue Kaiser for medical negligence? No room to type situation.

8/2024 need hip replacement surgery. 8/21/24 received shot in hip to ease pain. Same period I called Kaiser because I could not walk on my leg. I could not put any weight on my leg. I was told have to wait 4-7 months for surgery. I was in very bad pain night and day. I had to use a walker to help... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 21, 2024

Where Kaiser commits malpractice, the cases are usually arbitrated not a lawsuit.

You may have a case 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...
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1 Answer | Asked in Medical Malpractice for Idaho on
Q: reverse shoulder replacement.

I had a reverse shoulder replacement right shoulder and right before surgery they were to give me a nerve block. A tall blond with a young boy They were using a sonogram to find the nerve in my neck. She had the boy pushing the plunger. I kept telling them I did not feel any difference in my arm.... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 20, 2024

What a horrible experience. I am so sorry.

While this may be malpractice, if you are fine now, the harm does not likely warrant a lawsuit.

But, Consult with experienced malpractice attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice for Wisconsin on
Q: My question is regarding medical malpractice. that resulted in death

My mother had a heart catheter done, the doctor said everything went great, even discharged her hours after the procedure rather than keeping her through the weekend as initially planned. 18 days later she died of a heart attack.

Joel Gary Selik
Joel Gary Selik
answered on Mar 19, 2024

It could be medical 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.

0 Answers | Asked in Medical Malpractice for Louisiana on
Q: I have a friend that congestive heart failure and just found out he has 80to90% blockage in carotid artery and his

DR refuse to do a angiography because his blood count was a 7 so sent him home and was to investigate why was his blood low 2days later he falls and fractured his hip pelvic and elbow so brought him to er the er doctor sa8d the fracturs would heal on their on but next I go to see him and he is in... View More

0 Answers | Asked in Employment Law, Government Contracts and Medical Malpractice for Texas on
Q: Can my job ask me to provide a picture of ny medication

My job said I need more proof to exude my absences because doctors notes aren't enough. They said I need to send a picture of the medication that was prescribed to me by the doctors to approve my leave of absence

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue when a doctor removed meniscus when he should have only drained the Ganglion cyst in my knee?

The surgery was on 5/31/2022 but I didn't see it until I was in his office on 1/23/2024. It looks like I have about 10% left of my medial meniscus. The long operative report says he only worked on the Ganglion cyst. I had an MRI on 6/24/2022 that says there are post surgical changes to the... View More

James L. Arrasmith
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answered on Mar 18, 2024

Under California law, if a doctor performed a procedure on you that was different from what was agreed upon or medically necessary, you may have grounds to sue for medical malpractice. In your case, if the surgery was intended only to drain a Ganglion cyst and not to remove part of the meniscus,... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Oregon on
Q: Would I be entitled to compensation from medical malpractice and negligence that occurred while incarcerated
James L. Arrasmith
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answered on Mar 19, 2024

If you believe you were a victim of medical malpractice and negligence while incarcerated, you may be entitled to compensation. The law requires that inmates receive adequate medical care. If this standard of care is not met, resulting in harm, you could have grounds for a claim. However, these... View More

0 Answers | Asked in Medical Malpractice for New York on
Q: How can you get an inmate medical attentionASAPwhen the"DROP A SLIP"box is full and not being paid attention to by staff

Several medical slips put in medical drop box(mdb) not being checked on so no medical attention not being given. Inmate has heart issues, Leukemia and constant constipation.

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Misdiagnosed retina detachment: what should I do? Can I file a health malpractice claim?

I had vision issues in my right eye, so I received a referral from my PCP to see an ophthalmologist. On December 27, 2023, I went to the referred ophthalmologist. After a slew of images were taken of my eye, including dilation, I saw the doctor. I explained to him that I saw floaters and that my... View More

James L. Arrasmith
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answered on Mar 17, 2024

Under California law, if you believe you've been misdiagnosed and it has led to harm, you may have grounds to file a medical malpractice claim. A key component of such a claim involves proving that the care provided fell below the accepted standard of medical practice and that this failure... View More

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1 Answer | Asked in Medical Malpractice for New York on
Q: Medical malpractice, do I have a case?

Ok this was not answered so let's try wording it differently, I went to a city hospital because I had extreme pressure behind my eyes. (csf leak) They in turn look at MRI from a year ago blaming something that happened to me almost 5 years ago. (H.O.D. caused by resection of cavernous... View More

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

Malpractice consists of not just health care providers acting below the standard of care, but also damages or harm actually caused by the Malpractice. For civil cases it is “no harm no foul.”

1 Answer | Asked in Medical Malpractice for Illinois on
Q: We have a similar case but wife had tubes tied same surgery and nerve condctn tests considerable scarring and sunken tsu

She found she has carpal tunnel both wrists from workin for same facility for years as housekeeper now shes a receptionist there loved by all her patients. She now has alot more problems with said arm being numb and having bad bloodflow. We get many bills from that n previous back surgereywhich she... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. It isn't fully clear whether you are inquiring about your rights in a potential med mal matter, or are seeking representation in defense of a collection suit. One option could be to reach out to law firms to... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2024

Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.

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0 Answers | Asked in Medical Malpractice, Personal Injury and Civil Litigation for Michigan on
Q: Do I have a case for medical abandoned if my PC for over 3 years quits me for asking for pain meds?

I received a letter saying that because I have a second P.C. provider that dissolves the doctor- patient relationship. But I have no idea what my doctor is talking about. I don't have a secondary P.C. at all. I do have a drug recovery doctor and an endocrinologist, a dvt surgeon, pediatrist,... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Tumor found in my lung in July 2023. Was not informed until November of 2023 when second scan was done revealing it.

Pulmonary doctor told me I did not have cancer. Thoriatic surgeons told me i had cancer in Feb 2024. What are my options?

John Michael Frick
John Michael Frick
answered on Mar 14, 2024

You need to consult an oncologist and surgeon to discuss your treatment options. This is more of a medical question than a legal question.

If you are asking about a possible malpractice claim, your question is confusing. You seem to say that a tumor was found in your lung in July 2023,...
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0 Answers | Asked in Medical Malpractice for New York on
Q: Looking for medical malpractice attorney in New York.

If I go to a city hospital for excazerbated symptoms and the neurologist sends you a trainee to speak with you 99% of the time on top of looking at year old MRI, blaming your current condition on a botched surgery done almost 5 years ago. Can anything be done? I have H.O.D from past surgery but... View More

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: My attorney had his license suspended .I have a medical malpractice case with him should I get my case document from him

and take to another attorney?My Spouse passed away in October 09 ,22 I signed a contract with this lawyer in Nov ,22 . In early part of 23 he took a medical leave and later that year his license got suspended. He was supposed to be back early February but his office is still closed . The Medical... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 13, 2024

You should, immediately, consult with other attorneys, with experienced medical malpractice attorneys in the state where this occurred.

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