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Missouri Personal Injury Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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2 Answers | Asked in Personal Injury for Missouri on
Q: Wife was burnt by a smoke bomb at a wedding. Has potential scarring and burns over her hands, arms, shoulder, and face.

My wife and I were at a wedding and during the reception we were handed bubbles and a smoke grenade thing. The wedding planner assistants told us to pull the pin and hold it out from us. It was dark outside, around 11:00pm. When my wife pulled the pin, the smoke started but then after about 15... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

A Missouri attorney could advise best, but your question remains open for over a week. I'm sorry about the accident. I hope your wife is okay. You mention not wanting to upset the bride's family. If a claim is initiated, there is no controlling the direction it takes, in terms of one... View More

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1 Answer | Asked in Personal Injury for Missouri on
Q: I have a judicial someone hurt me, filed a tort case, can the state treasurer reduce my judicial order
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Sep 7, 2024

Your post is hard to follow. Please rephrase. I am not sure if there is a pending case against you or a judgment and if a garnishment has been filed.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Missouri on
Q: I was fraudulently charged and it's still in my background by charging and allowing my sister to use my name and social.

After being told she was on a roster with my name I called the police station. They said they'd taken care of it but I lost my job and it's still on there. I can't get another job with fingerprinted backgrounds. This has kept me from any good work.

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're dealing with a very difficult situation. First, you should consider contacting the police department again to ensure they have correctly updated your records and that your name has been cleared from any false charges. If the police fail to resolve the issue, you may need... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: How liable is a clinical study for injury from a blood draw needle?

I'm participating in a clinical trial, we're at a point where we return only once a week to do a single blood draw. On one of these blood draws a few days ago a woman do the draws aggressively stuck me in the arm, causing a shooting pain down my arm, she then wiggled the needle around in... View More

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2024

A Missouri attorney could advise best, but your question remains open for two weeks. The short answer to your question is that they could be liable. In terms of a viable case, that could depend on damages. You could consult with attorneys to discuss further. Based on what you describe, it looks... View More

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1 Answer | Asked in Personal Injury and Civil Rights for Missouri on
Q: Can I sue the county sheriff's department for removing my child from my home and giving my child to his father?

My ex created a fake document and has used it on more than one occasion to have my child taken from me. I told the officers several times that we were in litigation and there was no custody order. I was not allowed to see the document that was being shown to them. I also told them that my ex was... View More

James L. Arrasmith
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answered on Jul 27, 2024

You may have grounds to sue the county sheriff's department for the wrongful removal of your child. Given that the officers acted on a fake document, despite your warnings and the existing information about your ex's abusive history, their actions could be seen as negligent or even a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
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answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

1 Answer | Asked in Civil Rights, Nursing Home Abuse and Personal Injury for Missouri on
Q: How long dose the senior facility have to provide a statement to the department of senior services in Mo for EDL listing

This happened in 2022 and it’s now 2024. And now my name is coming up to the state to be put on EDL LIST. I just got letter in . The mail. To file an appeal. To challenge the allegations. It’s been way over a year. And the company got bought out. Can they do this

James L. Arrasmith
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answered on May 11, 2024

Based on Missouri's regulations for the Employee Disqualification List (EDL), the time frame for a senior facility to provide a statement to the Department of Health and Senior Services (DHSS) is as follows:

1. The facility must provide a written statement to the DHSS within 30 days of...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
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1 Answer | Asked in Personal Injury for Missouri on
Q: i got a letter in the mail saying i have to go to court in illionis for a water bill for 600$. I live in missouri and it
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 6, 2024

You didn’t ask a legal question. If you’ve been sued and served don’t ignore the case. You want to avoid a default judgment. You didn’t indicate whether this might be a scam or if you previously incurred the debt.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Missouri on
Q: I was a inmate in custody being transported to Missouri from Michigan . Was in a accident in Kentucky

Was thrown against the cage while shackled . never was given option to go get checked out was told had to sign papers or no one would eat

James L. Arrasmith
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answered on Nov 30, 2023

In your situation, where you were injured while being transported as an inmate, you may have legal rights that need to be addressed. The circumstances you described, particularly being denied medical attention and being coerced to sign papers under duress, raise serious concerns.

Firstly,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I took my 5 yr old son for an annual dentist exam and cleaning. They mixed up kids. He received gas and shots-no consent

I understand that there may not be damage afterwards BUT there should be consequences. I contacted the dental board and waiting to hear back from an attorney. I think anyone with a small child could see my ANGER from this. They drugged my child for NO reason. I’m not the one to sue but in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 22, 2023

It absolutely is Malpractice. The issue is, what is the value of the harm.

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2 Answers | Asked in Car Accidents, Wrongful Death, Personal Injury and Criminal Law for Missouri on
Q: She ran a red light and a motorcycle hit side of her car and died. Her fault, what charges should she face?

He was on a motorcycle goin estimate 15 mph over speed limit. Woman ran red light and he hit the side of her car and it killed him. She has 5 previous dwi's, 3+ driving on suspended/revoked and was driving on suspended/revoked when she killed him. I don't think she had insurance.... View More

Melissa  Webb
Melissa Webb
answered on Nov 13, 2023

The criminal charges, if any, will be at the discretion of the Prosecuting Attorney. It takes time for them to file the charges because they have to gather evidence and determine the appropriate charge(s) to ensure conviction. The family will likely be contacted to provide a victim impact statement... View More

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1 Answer | Asked in Personal Injury for Missouri on
Q: I find it very discriminating they're using the name Karen for all the people who throw crazy b**** and do stupid stuff

Yes it's causing me personal problems in this Media stuff they use the name Karen I'm not happy with that it's discrimination and there's no need to use the word Karen for these people it's my name

Tim Akpinar
Tim Akpinar
answered on Nov 2, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. It might be difficult to argue this as discrimination - it isn't a matter of unequal treatment based on race, religion, gender, etc. It's basically a matter of a name getting drawn into slang usage. Good luck

Q: I informed employer of surgery needed and less than a month later. Is this a case of wrongful termination?

when being layed off I asked if my health insurance will still be active and I received a verbal yes same day I was informed of being laid off. I never received any emails or letters in the mail or phone calls to inform me my insurance was being discontinued. Ended up following up with doctors and... View More

John Michael Frick
John Michael Frick
answered on Aug 25, 2023

If you chose to continue your health insurance coverage under COBRA and timely paid your premiums, your claim would be for breach of contract against your health insurance company, the contract being the health insurance policy.

1 Answer | Asked in Car Accidents and Personal Injury for Missouri on
Q: i was involved in a accident last year in July i was uninsured. are there any lawyers who would take my case i

i had insurnsces on my truck just not my car

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2023

I'm sorry about your accident. A Missouri attorney could advise best, but your question remains open for a week, and if you have been served with papers, you'll need to respond promptly. It's going to be difficult for attorneys to offer their services to you - this site isn't... View More

2 Answers | Asked in Personal Injury for Missouri on
Q: I broke my ankle on snow in an apartment complex. This was February of 22. My question is why is my case taking so long?

Lawyer keeps telling me he hasn’t heard back from them. Every time I call he’s on vacation.

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 9, 2023

That’s a question you should ask your attorney, who knows what has been done and if the case has been set for a trial yet.

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1 Answer | Asked in Personal Injury, Car Accidents, Civil Litigation and Insurance Bad Faith for Missouri on
Q: Are attorney's fees recoverable in a property damage suit against vehicle insurance company/their insured?

After a car accident, I file a 3rd party claim against the at fault driver (insurance company agrees their insured is at fault). My vehicle is deemed a total loss and is grossly undervalued. The insurance company refuses to alter their offer and doesn't seem to understand the rarity of my... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jul 7, 2023

Missouri follows the "American Rule" regarding attorney's fees. In a lawsuit for negligence, you aren't entitled to attorney's fees.

2 Answers | Asked in Personal Injury for Missouri on
Q: My Daughter's basement leak couple months ago water inside wall on floor .now mold the insurance company not wanting to

Pay the amount to fix it .Now kids sick allergies she's ill too I felt ill over there I have lung trouble .what can we do to make the insurance company pay and fix it ? Worried about mold and sick kids

Tim Akpinar
Tim Akpinar
answered on May 20, 2023

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. One option is to try to set up a free initial consult with an attorney. However, mold cases are difficult nationwide. Document any medical documentation of injuries. Good luck

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1 Answer | Asked in Personal Injury, Health Care Law and Insurance Bad Faith for Missouri on
Q: I was never serviced for a lawsuit in 2013. Now 2023 discovering a default judgment against. What to do? READ DETAILS!

I was in jail/prison and allegedly a “family member” who was at my last known residence was served my summons. I had no clue of any of this information until 2023 upon a case net civil search. The debt is for medical bills/lien (improper lien) I may add as a result of a personal injury’... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 27, 2023

I suggest you hire an attorney who is experienced in filing motions for relief from void judgments. Because more than one year has passed since entry of the judgment, you are ineligible to file a motion to set aside a default judgment, which requires "good cause" and articulation of a... View More

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