Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Emergency surgery after first surgery. Used wound vac, had ostomy bag.
Happened in Buffalo, NY. Currently live in Florida
answered on Dec 17, 2024
Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment.... View More
Saw Dr 1 for a routine procedure to diagnose pain in two areas. After pain worsened and numbness that started when numbing medication was applied for the procedure did not go away after a week. Contacted Dr 1 via messaging who responded w/ no medication to address the pain bad enough to consider... View More
answered on Dec 16, 2024
I am unaware of any law that prohibits a medical group from providing external referrals. Although in your situation it doesn't sound so much as a refusal to provide a referral as a failure to provide one. Regardless, even assuming the failure to provide a referral constituted a departure from... View More
I have been trying to remedy this situation since 2019 to no avail. I have a pseudomeningocele (very symptomatic) and H.O.D. (asymptomatic) Every time I go to the emergency room (because I have no insurance) they blame all my symptoms on the H.O.D. and discharge me. How do I know it's the... View More
I have been trying to remedy this situation since 2019 to no avail. I have a pseudomeningocele (very symptomatic) and H.O.D. (asymptomatic) Every time I go to the emergency room (because I have no insurance) they blame all my symptoms on the H.O.D. and discharge me. How do I know it's the... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
answered on Dec 2, 2024
I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.
Under the... View More
My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More
answered on Nov 15, 2024
So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More
answered on Oct 19, 2024
I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More
I think a student did his surgery. I specifically told them,"No".
answered on Oct 11, 2024
Sorry to hear what happened to your son. Without minimizing what happened to him, unless he sustained a significant deformity that cannot be corrected by another procedure, the time and expense of a lawsuit would arguably not be worthwhile.
If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More
answered on Sep 28, 2024
Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More
Hello, I received a request for documents about a machine I sold to a spa owner and all my communications with her via phone and text. I do not have any information as we have not communicated either via phone, email or text in some time. I do have the other requested documentation, I am nervous... View More
answered on Sep 27, 2024
It would depend on the form of the request. If it is just a letter, you can ignore it if you want. If it is a subpoena, you should find out more about what the case is about.
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.
answered on Sep 16, 2024
In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably... View More
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.
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