Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I am seeking legal advice regarding multiple issues during a recent ER visit in CA, including HIPAA violations, false documentation, and inadequate care. Sensitive medical information was disclosed in a public setting, and I was not given guidance on what to expect during a miscarriage, resulting... View More 
answered on Jan 13, 2025
In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More
I notified the doctor and was given an appointment at the office, by the time the doctor realized just how bad the situation was, I went to the Emergency Room because I felt ignored. The procedure was done on December 4, 2024 and I've been in the hospital since January 1,2025
answered on Jan 6, 2025
It might be malpractice.
Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.
Another... View More
answered on Dec 31, 2024
Possibly. 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.
Consult with experienced malpractice attorneys in the state where this occurred.
Use the JUSTIA... View More
answered on Dec 31, 2024
A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More
I had a saddle pulmonary embolism right after knee surgery every Dr there stated why I didn’t receive a blood thinner after surgery. The size of the embolism was the size of a chop stick ranging from my right lung arteries to my left lung arteries. I had to have surgery to remove the clot and now... View More
answered on Dec 29, 2024
You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More
QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024
Dear injured worker,
Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More
I would like to know if I could sue for the failure of my ankle alignment. I have been in pain from the time of the surgery.
My ankle is out of alignment by 21 degrees. So, my weight is on the side of my right foot. The surgeon made my pain worse by not aligning it the way we had agreed to do.
answered on Dec 19, 2024
The initial 3 questions are:
1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex... View More
And diaphragm. I bled internally and passed out the next day due to blood loss. Emergency surgery to save my life at Loma Linda Medical Center. Do I have a case?
answered on Dec 18, 2024
You may have a valid medical malpractice case based on the injuries you described, including internal bleeding and emergency surgery caused by the RN’s actions. In California, medical malpractice claims must prove negligence, causation, and damages, and you may recover full economic damages... View More
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More
answered on Dec 17, 2024
Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.
answered on Nov 27, 2024
Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.
In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a... View More
If so, is this a small claims, I was not injured, except my symptoms lingered for a long time
answered on Nov 14, 2024
In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More
I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More
answered on Nov 8, 2024
I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More
During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More
answered on Nov 8, 2024
You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?
answered on Oct 29, 2024
I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries... View More
If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?
answered on Oct 27, 2024
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 lawsuits, the extent of the anticipated potential recovery will affect the viability of the case.... View More
A doctor order extreme radiation treatment and now the person is unable to function
answered on Oct 24, 2024
A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.
Standard of care means the degree of care and skill of the average health care provider of that type of doctor.
A bad outcome is not enough. Another doctor would be needed... View More
I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More
answered on Oct 21, 2024
Yes, you should hire a lawyer for your case, as medical malpractice claims are complex and require legal expertise to prove negligence and obtain fair compensation. Your situation involves a misdiagnosis and an unnecessary surgery that led to permanent health consequences, making it essential to... View More
I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More
answered on Oct 21, 2024
Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses, the type of malpractice, and the strength of witnesses and evidence. Not all malpractice cases... View More
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.
