Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I visited a doctor with symptoms I believed were due to pelvic floor dysfunction. The doctor dismissed my concerns, stating the diagnosis is typically found in women, and wrongfully attributed my symptoms to anxiety, which I had already managed with psychotherapy. The doctor did not refer me to a... View More 
answered on Apr 28, 2025
Sorry to hear what you're going through. Even assuming the first doctor's failure to correctly diagnose your condition departed from good and accepted standards of care, an additional two months of symptoms, without more, will not justify the time and expense of a malpractice lawsuit.
I was originally misdiagnosed by a doctor who failed to identify pelvic floor dysfunction. A procedure performed despite my tight pelvic floor caused severe pain, spasms, and nerve entrapment. Subsequent urologist visits confirmed the dysfunction, labeling me a textbook case. The procedure resulted... View More
I am seeking legal review for a potential medical negligence case. After undergoing robotic mitral valve surgery in May 2023, I fell from my hospital bed, resulting in persistent chest wall pain, particularly noticeable with deep breaths. A CT scan, which was not initially disclosed to me, suggests... View More
answered on Apr 25, 2025
I'm sorry for your ordeal following surgery. The best way to explore obtaining a legal review would be to reach out to law firms to try to arrange a free initial consult without obligation. That's a normal courtesy in the industry. In terms of the elements you outline in your post, the... View More
I believe there is a potential medical malpractice case involving my elderly, disabled relative who is a cancer patient and was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. At age 78, she is diabetic and on Medicare and Medicaid. Her GI oncologist prescribed a... View More
I am assisting my friend who had nasal surgery over a year ago, but recently she started experiencing constant nosebleeds and pain. She discovered that the doctor left surgical items in her nose. She was told to come in for corrective surgery, supposedly for free. However, when we arrived at the... View More
I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More
answered on Apr 23, 2025
I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More
I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More
answered on Apr 18, 2025
Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More
It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019. It’s advisable to consult with an attorney who handles medical malpractice or patient rights cases.
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More
answered on Apr 12, 2025
I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More
In January 2025, I learned that a doctor missed diagnosing my severe osteoporosis 5 years ago. This has led to significant health issues, including back pain, loss of height, severe dental disease, and an inability to work. I am now receiving treatment for these issues from another doctor, but have... View More
answered on Apr 9, 2025
Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More
I am reaching out to request legal guidance regarding a troubling situation involving the unauthorized use of my personal and medical information by a former primary care provider based in Brooklyn, New York.
On Monday, I was contacted by Quest Diagnostics, who informed me that a lab test... View More
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answered on Apr 5, 2025
I'm sorry you're experiencing this. What you've described raises significant concerns involving unauthorized use of personal and medical information, which may violate both federal and New York State law.
Under the Health Insurance Portability and Accountability Act (HIPAA),... View More
I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More
answered on Mar 24, 2025
I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 14, 2025
I'm sorry this happened to you. In terms of guidance, your best starting point could be to reach out to attorneys to discuss. Based on the quality and detail level of your post, that's something you likely already knew. If a law firm expressed interest in exploring the matter further for... View More
I have been visiting a dental office for the past 4 years, and I had periodontal surgery about 2 years ago; however, not all teeth were operated on. My bottom incisors are now shaking, and one has swollen gums with pus underneath. I reported gum separation to the dentist at a follow-up two weeks... View More
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answered on Mar 11, 2025
I'm sorry to hear about the issues you’ve been experiencing with your dental treatment. It’s understandable to feel concerned, especially when there are ongoing problems with your gums and teeth, and when important information, like bone loss, was not disclosed to you earlier.
In... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
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answered on Mar 11, 2025
I'm sorry to hear about the complications you're facing and the lack of follow-up care. It’s important to address any concerns related to your post-surgery treatment, especially when complications arise after a serious procedure like brain surgery.
In New York, you may have... View More
I have been visiting a dental office for the past four years, where I've had cleanings, X-rays, and surgeries due to periodontal issues. About a month ago, after a routine deep cleaning, I noticed pain in my bottom teeth. Upon contacting the dentist, they informed me of a 60% bone loss in my... View More
answered on Apr 2, 2025
This looks like it has the makings of a difficult case. The timeline extends back years, presenting the possibility of conflicting testimony or lapses in recollection, as well as the possibility of statute of limitations issues. It also looks like this might involve multiple parties (whether the... View More
I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More
answered on Feb 28, 2025
I'm sorry for your painful injury. Your options, if you are considering pursuing this legally, would be to try to set up a consult with law firms. Free initial consults without obligation are the norm for such cases. If a law firm expressed interest in such a case, they could retrieve your... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I want to know if I can sue my dentist for dosing off twice while injecting me with local anesthesia, the most recent incident occurring last month. I'm concerned about the implications of his behavior and any potential harm it might cause.
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answered on Mar 11, 2025
I’m sorry to hear about your concerns regarding your dental treatment. In New York, if a dentist’s actions—such as dosing off during a procedure—result in harm or potential harm, you may have a valid claim for medical malpractice. However, whether you can successfully sue depends on several... View More
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