Get free answers to your Medical Malpractice legal questions from lawyers in your area.
My son never got to see a doctor and now he has an open cut,the fight continue No hot food everything cold and Correction officers are beating my son constantly
Initial consultation involved explanation of procedure, alternatives to the procedure, what to expect - during and after, but NOT any mention that it might not work. I had it - 2 1/2 hours awake on the table, and it did nothing to help.
meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
answered on Jul 9, 2024
I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 21, 2024
If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More
The medication mistakenly given to the patient was 150 units of Methadone. The patient was not prescribed and had never done Methadone before.
The patient passed out and had to be revived with Narcan. The patient was transported by Ambulance to a Hospital for further treatment.... View More
answered on Jun 22, 2024
Yes, it's possible it could be. However, attorneys would be able to advise more definitively with the benefit reviewing the file documents and patient history with medical/pharmacology experts. Good luck
answered on Jun 17, 2024
It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More
I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More
answered on Jun 12, 2024
Such a case is possible.
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.
Due to the nature of medical malpractice cases, the extent of the injuries may affect... View More
MALE
58 YEARS OLD
Disabled 7yrs
FIDELIS/MEDICAID
SSI/SSD 7yrs
After 2 years, today my PCP has required that I bring all of my empty Suboxone Film Packages each and every visit or:
1. he will request daily visits, as opposed to bi-weekly.
2.... View More
answered on Jun 10, 2024
I'm really sorry to hear about your situation. As a patient, you have rights regarding your pain management and the treatment you receive. Your primary care physician (PCP) can request certain documentation, like empty Suboxone Film packages, to ensure proper medication use, but this should be... View More
I was informed to contact the NY Bar Association; however, I was informed that no one in NY handles psychiatric malpractice cases. I would like to confirm this information. I posted a previous question with more in-depth details. Unfortunately, that question was removed.
answered on May 20, 2024
Yes, there are attorneys who handle psychiatric malpractice cases. You can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. Try looking up medical malpractice attorneys since psychiatric malpractice is a subcategory of medical malpractice.
Misdiagnosed with Schizophrenia. Adverse effects from being prescribed wrong medication. Neurologist wrote that the chronic use of antipsychotic medication was the cause of my current health issues. I was on Invega Sustenna for two years for a condition that I never had. There's permanent... View More
answered on May 20, 2024
Yes, there are attorneys who handle psychiatric malpractice cases. You can find such attorneys using the Find a Lawyer tab on the JUSTIA homepage. Try looking for medical malpractice attorneys as psychiatric malpractice is simply a subcategory of medical malpractice.
I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More
answered on May 1, 2024
Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More
I need to appeal to a medical negligence case. The court held that the doctor was negligent because he did not provide reasonable advice to the plaintiff to ensure that the wound was properly taken care of and failed to ensure that the appropriate and reasonable advice was given to him. Also, when... View More
answered on May 1, 2024
Your question is unclear. If you are looking for a medical malpractice attorney or an appellate attorney, you can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. From your description, it sounds like the court ruled in your favor. Keep in mind that in a malpractice... View More
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More
answered on Apr 15, 2024
It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.
blood clot in my lungs in 2018. From 2018-2021 I was on at home oxygen. I recovered thankfully at the time in 2022. So for the full year of 2022 and towards the end of 2023 I was off the oxygen. Even volunteering at NY Presbyterian children’s hospital. I was born and treated my pre-existing... View More
answered on Apr 6, 2024
I'm sorry for your ordeal. Your best option in having your matter evaluated would be to try to arrange a consult with a med mal law firm. Most firms offer free initial consults. If attorneys expressed an interest in exploring the matter more closely, they could retrieve your file and review... View More
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 ?
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
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
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.”
The provider is covered by the company's malpractice insurance who will provide the attorney and cover the claim. However, a malpractice incident report must first be completed with the option of using a private attorney. If an attorney was not hired and listed before submitting the report and... View More
answered on Mar 13, 2024
In general in any claim investigation, one is usually free to retain an attorney after the process has begun. It isn't possible to say if that would mean being given liberty to amend a statement/report, now having the benefit of an attorney. It's possible there could be conditions imposed... View More
I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?
answered on Mar 9, 2024
Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More
I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More
answered on Feb 6, 2024
You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More
The original surgery was in November 2021, the stitches came undone because I was throwing up all night (the day of surgery). Revision surgery happened in May 2023, after that, I have a bulge on my stomach that is painful and noticeable. The doctor has tried to fix it unsuccessfully, even did a... View More
answered on Dec 15, 2023
A malpractice case is possible, though the extent of your harm may limit the case's viability. You should confer with other doctors to determine what should be done and the nature and extent of your future harm.
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