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Pennsylvania Medical Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Q: We filled out papers we had to sign to begin with the lawsuite.

We were told we have a potential case

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2018

I am located in Pittsburgh. If you would like to call me to discuss this my phone number is 412-391-7135.

Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

When I call the attorneys office he never responds to my calls.should I get another attorney?

Elizabeth Tarasi
Elizabeth Tarasi pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2018

No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Had my wisdom teeth removed and the oral surgeon cracked another tooth and denies it can i sue to get it fixed?

I continued to have numbness in half my mouth and he said that happens just like if u got surgery on another half of your body. You can live with it. I told him I saw a crack through my tooth he would look and say there's nothing there. after many appointments and being charged hundreds of... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 20, 2018

You need an assessment and estimate from another dentist. However unlikely you can get it back before you need the treatment--first, until they have been in there they won't know what it is they are dealing with. Second you need an assessment you can use in court and I doubt a dentist will... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: If my infertility lab closes due to a possible contaminant, should I speak to a lawyer in regards to past failed trys?

28, healthy, 6 failed IVF try’s in last two years.

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

You want to speak with a member of the Pennsylvania Assn for Justice that handles medical cases--they give free consultations.

The problem you have is showing that the lab did something wrong which caused your IVF attempts not to succeed. Many do not succeed, so this is not an easy thing to...
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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can I file malpractice after 6 years in PA?

I underwent surgery in 2011, where they forced a breathing tube into my throat damaging my vocal chords. I was told by several doctors to give it time and they would repair themselves. After waiting and no improvement, I went to an ENT in 2017 where they examined my throat and found the right... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 4, 2017

Unlikely but you should have the case reviewed by a member of the Pa. Assn for Justice who handles malpractice. If you need the names of some in your area let me know.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: 46 yo female-presented to the ER with episodes of vtach that were coming on strong-pulse 250-blood pressure very low

-symptoms were coming every minute or two-I let the ER know I had a tumor in my heart that was dx 25 yrs ago but was asymptomatic-I was almost passing out every episode-the nurse did an EKG it was abnormal but I was not in distress at that point-I told her to wait a minute to do EKG during an... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 1, 2017

Not necessarily but you need to contact a member of the Pa. Assn for Justice who handles medical cases--they give free consultations. Call me at my toll free number and I'll give you the names of some excellent attorneys in the Harrisburg area.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: If you had surgery and later find out they left something in you and are getting infections should i sew
Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

You have a claim. What it is, how good it is is hard to tell.

We provide free consults so you can have an opinion or at least a specialist referral. Call us or another member of the Pennsylvania Assn for Justice today.

1 Answer | Asked in Legal Malpractice, Personal Injury and Medical Malpractice for Pennsylvania on
Q: legal liability of a clinical nurse instructor who deems a nurse competent but the nurse causes bodily harm to a patient

Clinical nurse instructor deems a nurse is competent to do a skill after watching the nurse perform the "skill" on a mannequin. The mannequin does not represent the human anatomy in a realistic manner. The nurse performs the skill on a patient without any over site by the clinical... View More

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

No case law I'm aware of specific to that particular situation. Much would depend on the procedure to be preformed, the degree of risk, the nature of any supervision. Feel free to call if you have further questions. Yes I'm in Memorial Day.

2 Answers | Asked in Medical Malpractice for Pennsylvania on
Q: Can i have any right now to contact a lawyer

Had enough!!! Son was injured nov 18,2016.seen @childrens hosp pgh,pa er within 45 mins of injury.failed to see a fracture after taking X-rays sending him home glueing the cut never using anything to clean it out.the fracture was right below the broken skin.xray read by ortho resident.called sunday... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 24, 2017

Certainly sounds like it. Give me a call and I can review your options in detail, suggest some good attorneys, who will take the case on a no-up front fee. . For the future if he needs care the Shriners have a great program for orthopedic injuries; I can discuss that option with you also..

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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Does my gram have a case if her doctor was negligent and punctured her artery during surgery which caused an injury (PA)
Mark Scoblionko
Mark Scoblionko
answered on Apr 15, 2017

It is a matter which should be carefully evaluated by a lawyer who handles these types of matters.

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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I was recently given the wrong prescription from my pharmacist. I took these pills for a month.

The prescription was for 20 mg of a drug and I was given 40 mg. My pill bottle said 20 mg so I assumed the pills were 20 mgs. I took the 40 mg. prescription for a month. I now have to wean my body off of the 40 mg. to the 20. I am extremely upset about this negligence. Do I have grounds for a case... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Unlikely unless there is other fallout you haven't mentioned. Discuss the issue with your doctor to make sure your step down is done properly. Save receipts, bottles, anything connected with this--bags it came in if that also had Rx information on it.

1 Answer | Asked in Medical Malpractice and Health Care Law for Pennsylvania on
Q: Can your doctors deny medical records to be sent to another doctor due to overdue balance?

I have an overdue balance at my child's doctor they sent to collections I was u ware that they would drop her. When I tried to make her 12 month check up they said they can no longer treat her due to non payment and to find a new doctor. I found a new one that wants the medical records sent... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

This is improper. Explain that you will if necessary to get your child care file a complaint with the department of health and the consumer division of the AG's office. Under the ACA and other statutes your daughter has rights.

You should, by the way, see if she can get coverage under...
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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Is it malpractice if my autistic son , on the day of admission to a facility, to not be given his meds, vitals not taken

With low blood pressure..nothing chatred for apx 7hrs..sfter shift ended..and supervisor admitting the neglect

Peter N. Munsing
Peter N. Munsing
answered on Feb 1, 2017

Bad practice yes. Malpractice for a case? No. If something really bad happened as a result possibly, but I'm not hearing it did. You don't get damages for what could have happened--just for what did happen.

1 Answer | Asked in Medical Malpractice and Family Law for Pennsylvania on
Q: If my wife and i are granted settlement monies from malpractice case for our daughter, would my ex- girlfriend get any

2 children to my ex-girlfriend and pay child support

Peter N. Munsing
Peter N. Munsing
answered on Feb 1, 2017

If its for your daughter, it should be held in trust for her until she is 18 or therafter. You may recover monies paid for medical expenses and some other fees, but as I'm sure your attorney mentioned, there is usually a lien on those settlements. Your ex girlfriend has nothing to do with the... View More

1 Answer | Asked in Health Care Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Q: I got in a dispute of $550 with my dental office. They claimed they did services which my insurance won't cover

They did not tell me those are not covered. I only came for 2 teeth filing which I am supposed to pay some portion and insurance company pays other. So I dispute with my insurance company and the insurance performed an audit based on the dentist claims resulting me owing even more money. I did not... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2017

You can tell them you did not consent to the services they are billing you. If they have a debt collector call you you file a complaint with the medical board that licenses dentists.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can CRNA deliver anesthesia to podiatry patient if oral surgeon w/ unrestricted permit is available in PA?

I own a CRNA only anesthesia management company in Pennsylvania. I am in talks with an oral surgery office to provide anesthesia services to their patients in an office based setting. However, they are hoping to allow outside pediatric dentists, podiatrists, etc. (surgeons that lack the... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 14, 2016

regardless of what I or any other lawyer says you need to find out what your licensing board would say, and what your insurance company would say.

Generally if a law or administrative regulation is enacted for public health, then it will be construed in that way not in a way that makes...
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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Do i have a malpractice case?

I had surgery July 2015 to repair a orbital floor fracture in the left eye. Went to see that surgeon for the last time July 2016, got a second opinion. It looks to me the fracture was never fixed and im still in pain and eye is sunken into my socket which causes me to look very different then what... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2016

You certainly should have someone investigate--ideally a member of the Pennsyvania Assn for Justice who handles malpractice cases. If you don't know any I'll be happy to recomend some. Do understand that because the orbital floor is very thin, if you had other facial trauma there may be... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I have been struggling with pain for about 14 years now, doctors kept telling me that there was nothing wrong with me.

I sought out specialists on my own, and have been diagnosed with tarsal tunnel, carpal tunnel and freibergs disease. Carpal tunnel is so bad that I am getting corrective surgery next week. Still waiting on Mri results and Emg testing in regards to the freibergs disease. I wanted to know if I may... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Unlikely to have a malpractice case,but consult a malpractice attorney in your area to see--most give free consultation (reason being that it is only failure to diagnose if the doctor is a specialist and should have kown--GP's, ER docs aren't held to those standards, and in addition... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can I sue my doctors in the same firm I had total knee replacement twice within a year first one failed 2nd no better

Left knee on both operations?

Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

Possibly, but understand a bad result isn't necessarily malpractice--you have to show the doctors fell below the standard of care for their specialty in how they handled it and that caused the failures. But it's an indicator, so contact a member of the Pa. Assn for Justice--we all give... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can my dr of 26 years drop me with no notice or referrals to other dr's? I have several autoimmune disorders.

He dropped me yesterday "effective immediately".

Peter N. Munsing
Peter N. Munsing
answered on Jun 23, 2016

Abandonment is sketchy but not illegal, and your energies are better spent finding another doctor. If he is part of a large medical grouping--Geisinger, UPMC, Reading Hospital etc--call their patient care coordinator and explain your confusion and ask if they can give you a referral.

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