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Missouri Medical Malpractice Questions & Answers
0 Answers | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I had a CT scan, I never got the results only the ones the Dr gave me which was I am fine. Then I had a nurse sneak over

She whispered go to a heart and lung doctor. She said she can't say why then left. I got on my Mercy and discovered that I have a enlarged heart valve what can I do ?

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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4 Answers | Asked in Car Accidents, Medical Malpractice and Wrongful Death for Missouri on
Q: My mother was in an Auto accident and auto was totaled. Hit from behind by a trailer truck. Passed away a few week later
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 15, 2024

I’m so sorry to hear this. You didn’t ask a legal question but must be wondering what to do. The answer is that you should get in touch with a local attorney. The other driver’s insurer won’t take an unrepresented party nearly as seriously as one represented by counsel. Under... View More

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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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2 Answers | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: My grandpa is on his way in an ambulance to a hospital, for a defective pacemaker. Can they sue the hospital?

He got the pacemaker a month ago, and today he was found with a very low heart rate which shows that the pacemaker was not properly functioning after a month. If this went in noticed, he could have died.

Joel Gary Selik
Joel Gary Selik
answered on Dec 23, 2023

It could be a malpractice case or a case against the manufacturer. More information would be needed.

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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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1 Answer | Asked in Medical Malpractice for Missouri on
Q: I had a neck fusion and disc replacement surgery. Now I’ve lost my voice. Barely a whisper. Can I sue the doctor?
Joel Gary Selik
Joel Gary Selik
answered on Mar 30, 2023

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 with experienced attorneys.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: went to the er in June 2022 and was diagnosed with dehydration and arthritis I went for problems urinating and hip pain

I went back to work and everything was getting worse I was drinking lots of fluids and urinating started again but my hip and leg kept getting worse I went back and they told me I had osteonecrosis and would have to have a hip replacement after I got copies of both my ct scan results in June it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

A Missouri attorney could advise best, but your post remains open for five weeks. Making a determination of this situation would require a medical opinion. It sounds like you are asserting a theory of failure-to-diagnose, based on your contention that you suffered damages from your osteonecrosis... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: why is it difficult to get a medical malpractice attorney?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter, the cases are often costly for a law firm to take on. Litigation can go on for years and expert testimony is expensive. That's why many firms are reluctant to take on matters where damages... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I won a large amount of money 10+ years ago in a cilvil suit. The other side settled out of court.

just as we were at the court house and set to pick a jury. I NEVER GOT PAID.... My attorney 1st said, i had to wait for the appeals to all run out. Then he said the money just disappered. My Attorney is in the top 3 of the top 10 list of ethical Attorneys in the nation. He handles Billion dollar... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2021

How in the world can there be a meaningful list of the most ethical attorneys in the nation? If your attorney failed to pay you then first contact the attorney and second you can file a bar complaint.

Why didn’t you take action 9 or 10 years ago? I suspect that there is more to the situation.

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for Missouri on
Q: I was wondering if I can only sew the property manager company and not the owner of the building do to harassment

As well as get out of my lease early if needed. I've been the only tentant apporched about smoking on my back porch outside. There was no other tentants told about smoking outside only inside the apartments. Which didn't start happening until My rent wasn't paid that month. Which was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2021

Anyone can sue anyone for anything, but it there has been a breach of your written lease, the proper defendant would be the lessor, not the property management company. Harrassment on account of smoking or a dislike of a tenant is not a cognizable cause of action in Missouri. If you were being... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I'm trying to file a malpractice suit and i dont know where to start
Tim Akpinar
Tim Akpinar
answered on Mar 28, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. Given the basic format of this question and answer board, it could be difficult for an attorney to meaningfully advise you. You could reach out to med mal law firms in your area. Most firms that handle such cases offer... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 8, 2021

I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning?

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Missouri on
Q: I took my dog to my vet for concerns, blood tests were taken, they informed me it was hormonal, she passed weeks later

About a month later I had to rush her to the animal hospital for kidney failure, I had to put her to sleep and it’s devastated me and my family . She was only 5, great health and had a good home and we all loved her. This happened about a month ago so I’ve been trying to get over her passing.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 5, 2021

I'm sorry to hear about your puppy. You posted on a legal page but didn't ask a specific legal question.

If you are wanting to sue the vet, but I doubt you'll find that to be a very good option unless you paid many thousand of dollars for the puppy, our willing to spend...
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1 Answer | Asked in Medical Malpractice for Missouri on
Q: I was givin a ticket by missour highway potrol for a dry an wet vape pin what should i do???
Tim Akpinar
Tim Akpinar
answered on Nov 17, 2020

A Missouri attorney should advise you, but your question remains open for two weeks and time is of the essence in your actions. Depending on what was in the vape pen, you should consider reaching out to a Missouri criminal defense attorney to discuss. This does not appear to be a med mal matter.... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants,... View More

1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging... View More

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