Arizona Medical Malpractice Questions & Answers
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 »
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 »
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?
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 »
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 »
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.
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?
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 »
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 »
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 »
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
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.
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 »
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... Read more »
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.
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... Read more »
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 »
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 »
Q: Do I need to sign a medical release form provided by the ins??
It depends. You have not supplied enough information to properly advise you.
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
