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Arizona Medical Malpractice Questions & Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on

Q: During Endometriosis surgery the dr. Knicked a hole in my daughters urethra tube.

My daughter went in for an outpatient surgery for endometriosis while taking the tissue out the dr. made a hole in the urethra tube. So they had to put a stent in it she spent 3 days in the hospital with a catheter and a drain in her side and in excruciating pain . And has to go back in to have... Read more »

Peter N. Munsing answered on Jan 23, 2019

First, while it's fresh on your memory jot down what happened when, etc. Then focus on her getting well. She may need to see doctors and you don't want a potential doctor getting worried that they will be "dragged into" a medical case, nor do you want your daughter to be viewed by the medical... Read more »

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Arizona on

Q: I've been scheduled for a IME with the same Dr. that did the IME that closed my case. Can I request a different IME Dr?

This IME closes nearly all cases he is involved in?

Joel Friedman answered on May 4, 2018

You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow before I can... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for Arizona on

Q: Dr. signed consent for HIT. Loss half of left foot and tip of toe on right foot. What is the outlook on case ?

Heparin was used during a triple by-pass which was very successful. Heparin caused injury to foot, blood clots throughout my body, shut down kidneys and I was put on a defibrillator to breath and almost lost my life. Everything is back to normal pretty much except left foot and tip of second toe on... Read more »

Peter N. Munsing answered on Jul 18, 2017

Assuming you have a lawyer ask them. Clots are a known byproduct of surgery. Heparin is supposed to help avoid that. Suggest you consult immediately a member of the Az Trial Lawyers Assn who hanles malpractice --they give free consults ASAP if you don't have an attorney.

1 Answer | Asked in Medical Malpractice for Arizona on

Q: My father had a heart attack last week, and it was only one day after a routine doctor's appointment.

Can his doctor be held responsible?

Peter N. Munsing answered on Oct 27, 2016

Unlikely unless it was something that would have been caught on a routine visit. He can consult a member of the Az Trial Lawyers Assn after he is out of hospital if he wishes--they give free consultations. However even if the doctor could have found some abnormality nothing different would have... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Arizona on

Q: my attorney wants to drop my case because he doesn't have the money to continue. What can I do?

My attorney says he doesn't have the funds to continue the case. He says that the opposing firm have decided to spend him into the ground knowing that he can't afford to continue. What can I do? My mother was treated by a nurse that was not practicing within the scope of her training as a nurse... Read more »

Peter N. Munsing answered on Sep 29, 2016

He needs to get you time to do it. It verges on malpractice for him to take a case that from the getgo he knew he couldn't do (don't say that to him but.....he wants to get his rear out of hot water he needs to get you time. ) Talk to some members of the Az. Trial Lawyers Assn who handle medical... Read more »

2 Answers | Asked in Medical Malpractice for Arizona on

Q: Can I represent myself in a Civil Medical Negligence / Breach lawsuit as a patient? Or do I really need an attorney ?

its a continuity of care breach with negligence in the care of the patient

Peter N. Munsing answered on Aug 25, 2016

If you want to pay tens of thousands of dollars for an expert witness, deal with very complex legal issues, maximally increase your risks of losing, sure, do it yourself. It's like complex surgery. Do it yourself--without a medical degree? Possible, but you'd be unlikely to survive.

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1 Answer | Asked in Medical Malpractice for Arizona on

Q: What are the time limits in filing a medical malpractice suit in Arizona?

My son is been crippled by a surgeon performing back surgery. The surgeon drove the bolts (screws) into his spine while inserting an appliance into his back. This has crippled my son and is destroying his family. He does not have the financial capability of fronting the finances up front but he... Read more »

Adam Studnicki answered on Jan 27, 2016

Generally speaking, two years, it does depend on the circumstances, and it can sometimes be tricky in these cases to determine when the time starts to run.

Your son should definitely seek a legal consultation. I would be happy to talk to him.

Please Take Notice: I am not your...
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1 Answer | Asked in Medical Malpractice for Arizona on

Q: Recd arbitration date for sm clm. Defendant atty wants civil case based on ARS12-603 Court canc'd date Do I have re

ARS states I need to have a med expert opinion. Why should I incur add't expense & is it necessary for me to obtain an atty. Amt of clm falls well within a small claim being filed.

Adam Studnicki answered on Dec 19, 2015

You mean 12-2603. The requirements of the statues in medical malpractice cases are mandatory. As far as why, that is a question for the legislature (and the health care lobbyists).

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is...
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1 Answer | Asked in Medical Malpractice for Arizona on

Q: My wife was prescribed prednisone 10mg in a 5 5 4 4 and so on. After the second 5 pill dose

After a couple doses she had a heart attack and passed away.

She had went in thinking she had bronchitis and was having problems breathing when walking.

During the doctor visit he hesitated saying he thought she may have be having heart failure and said he thought she might want... Read more »

Adam Studnicki answered on Nov 8, 2015

I am very sorry to hear about your loss.

From your question, it sounds like there are at least two potential questions. First is whether prednisone was properly prescribed. Cortocosteroids, such as prednisone, are use to lower inflammation, but they can cause changes in heartbeat....
Read more »

2 Answers | Asked in Medical Malpractice for Arizona on

Q: Do I need to sign a medical release form provided by the ins??

John M DeProspo answered on Jul 25, 2015

It depends. You have not supplied enough information to properly advise you.

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1 Answer | Asked in Medical Malpractice for Arizona on

Q: Who is legally allowed to give a patient prescriptions and tell him to swallow it?

My 90 year old father has seen a GP (3X) and Neurologist (2X) in the last 4 months. They have issued various drugs, some of which they still want him to take. He is much more clear headed when he is off drugs than when he is on them. Legally, is he required to have an RN administer any or all of... Read more »

Adam Studnicki answered on May 30, 2015

Whether there was medical malpractice is a question that normally can only be answered by a medical expert. In other words, only a medical expert could answer this question. A lawyer would consult with a medical expert to determine the answer.

I hope your father is doing okay. Be well.

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