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Georgia Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Seeking first step in tolling statue of limitations

Slip and fall

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 20, 2017

There is no first step in tolling a statute of limitations. For a slip and fall in GA, the statute of limitations is 2 years from date of fall. Things that toll the statute are mental incapacity, not yet being 18 years old and death. There could be others.

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1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on
Q: Can a lawyer go to another law firm without telling they client

In the middle of your case,then the lawfirm they left become your lawyer without you knowing

Peter N. Munsing
Peter N. Munsing answered on May 3, 2017

They should notify you, but if the old firm is competent, then I would go with it--it's sometimes tough finding a new lawyer in the middle of a case.

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Q: Is my case worth going to court for or suing this company to get my money back?

I visited A Preferred Women's Health Center on November 18, 2016 to to get help with an unwanted/unwanted pregnancy. I made my payment to the facility before being seen by a doctor(their policy). They did some blood and urine test on me and later asked me to take have an ultrasound there,... Read more »

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

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

After being sick for almost 2 weeks and trying every home remedy and over-the-counter medication with nothing working I went to my doctor at Kaiser. I gave my doctor all of my symptoms. The doctor never performed any tests or did any blood work just looked at my ears and throat and told me I had... Read more »

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

Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: My BFF was diagnosed but not treated properly at a medical facility in Georgia. Does she have a case?

All they gave her was more anxiety meds for diabetes & now she's had a stroke. Can u help her?

Peter N. Munsing
Peter N. Munsing answered on Apr 3, 2017

She should contact a member of the Ga. Trial Lawyers Assn that handles medical carelessness cases; they give free consults. A lot depends on how she presented to them, and what symptoms she reported or they saw. However, if they told her to follow up with her internist and she didn't, then... Read more »

1 Answer | Asked in Products Liability, Civil Rights and Medical Malpractice for Georgia on
Q: I'm wondering about the possibility of a lawsuit against a prison doctor or a implant company for defective hardware.

The implant had to be removed and I was told by one of the physicians that there were a couple screws loose on the device. I also became infected with staphylococcus and this was a direct result of the treatment rendered.

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2017

Contact a member of the Ga. Trial Lawyers Assn who handles medical carelessness cases and medical products.

1 Answer | Asked in Products Liability, Medical Malpractice and Patents (Intellectual Property) for Georgia on
Q: What if the lawyer had it done ( with Prjudice in late 2015,but had you thing the case was on going.
Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

I believe you may in that case have a potential case against the attorney.But unlikely they wouldn't tell you unless you had not responded to their letters.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Georgia on
Q: What if your lawyer dismiss your case with Prjudice with out you knowing

it was done in a big case with many other people involed,it happen in 2015 with 3 of my cases and again just last month

Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

Depends on your agreement with him which would spell out what they may and may not do. I would set up an appointment to meet with him in person and review it.

Q: What happens if you are not notified of your case being dismissed
Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

You can file a motion ot reopen,which should be done as soon as you find out. Check and see the addresses they used.If you moved, didn't tell people, on you.

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for Georgia on
Q: When mistrial found is it against all defendants or just one where jury couldnt agree only as to one?

Medical malpractice case, 3 defendants, jury found for 2 defendants but could not agree as to the third.

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

It's a defense verdict on the two, a mistrial on the one. You have an attorney so do confer with him. He took what is obviously not a slam dunk to trial at great expense and time, which (s)he doesn't get paid for unless (s)he wins, so trust her/him enough to ask.

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: I went to a trauma specialist 3 days ago for the first time. How can I report her to the board ?

She caused me further trauma. The patient before me had a severe panic attack, her first visit, that required 911 to come. This psychologist discussed her personal experience, her younger brothers death , her physical pain from being disabled, her recent hospitalization. She was agressive, and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2017

You look up who licenses her but as an RN you know that those items are rarely covered. Look for a good trauma therapist who does EMDR--it's a process that is not lengthy, doesn't require meds. Find EMDR practitioners through googling "Psychology today EMDR... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Do I have the right to sue a behavioral hospital that said you are supposed to see a DR/PA/NP every 24 hrs & didn't.

I just was released from a behavioral hospital, on an involuntary 10-13, said my best interest to sign a 10-12. Said I would see one of the three every 24 hrs. I saw PA on 12/19 and next encounter was 12/21, spoke with Pt. Advocate and PA put in my chart she saw me on 12/20 and I was doing... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 27, 2016

I don't see it because you have technical violation and I'm not hearing about any fallout. If you were kept in longer than necessary there's a slim chance you may have a case. Suggest you contact a member of the Ga. Trial Lawyers Assn who handles Mental Wellness cases.

1 Answer | Asked in Medical Malpractice for Georgia on
Q: If a person is sent to a Georgia receiving facility via a 1013 properly completed by a psychiatrist,

What is the responsibility of the receiving facility. Are they not obligated to keep the patient a minimum of 72 hours for evaluation, or can they discharge the patient after an hour long evaluation?

Peter N. Munsing
Peter N. Munsing answered on Nov 21, 2016

They may determine that in patient is not necessary or that the patient is stabilized and need not be in there. If there are problems as a result of an early release suggest you contact a member of the Ga. Trial Lawyers Assn--they give free consultations.

1 Answer | Asked in Medical Malpractice, Personal Injury, Employment Law and Workers' Compensation for Georgia on
Q: If a workmans comp company gave false information about treatment for a injury and that injury later resulted in another

Do they have to pay for the current treatment or previous as well. I fell in July they wrote knee as the body part injured in report I was diagnosed with sprain sacrum in my back and was told a follow up wasn't available for my knee not back now I've been hurt again and have sciatica... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2016

Contact a member of the Georgia Trial Lawyers Assn who handles comp cases--they give free consults.The employers report of injury isn't as important as what the doctor said that you followed up with for each case. You did follow up with a doctor, right? If not you may still have have a claim... Read more »

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for Georgia on
Q: Can a Dr.'s office legally bill under a different tax ID to get more money?

I was referred to a specialist by my primary care dr. The referral was approved by my insurance company and I called to verify before visiting the specialist. On my 3rd visit to the specialist, I was told that I owed them nearly $500 because they are not in network with my insurance company. After... Read more »

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

may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider... Read more »

1 Answer | Asked in Estate Planning, Medical Malpractice and Wrongful Death for Georgia on
Q: Mom started a suit before passing. neither my sibling nor i knew the lawyer. How do we find out more about it?

My mother lost her battle with cancer. Her previous doctor dismissed it as a growth and nothing more and failed to do any tests. She switched doctors and found out it was cancer and nothing could be done it was too far along. If it had been treated when it was dismissed She wouldve had a high... Read more »

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

As you and brother are the presumptive heirs call up the attorney.See if an estate was opened--you should have been notified. If not you may want to open one which will give you access to records, bank statements etc in case of hanky panky by aunt.

1 Answer | Asked in Medical Malpractice for Georgia on
Q: Can i sue a hospital for giving me a heart attack with overdose of medications

complaining of neck pain back pain and chest pain i was given a ECG and full blood panel and then taken to the back. The nurse came in and i was given 3 doses of Nitro tablets and chest X-rays Mri the doctor came in and said your ECG was normal and blood work was normal no heart problems but my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 7, 2016

You have a potential claim. Whether it's worth bringing or not depends on the fallout from having a possibly outside generated cardiac event and what the event was. Call a member of the Ga. Trial Lawyers Assn who handles malpractice --they give free consultations.

2 Answers | Asked in Medical Malpractice for Georgia on
Q: Can I sue my NY doctor for malpractice for being misdiagnosed and treated for Lupus SLE instead of Fibromyalgia?

I was treated with Benlysta, plaquenil, methotrexate, etc. since 2013 when I do not have Lupus at all. I have confirmations from several doctors stating that. I was just recently diagnosed with Fibromyalgia.

Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

Note that fibromyalgia is not regarded by courts as a recognized illness in some states; further, there is no definitive marker for it such that you can say "if doctor had performed ______test it would have shown." I don't see it but suggest you contact a member of the Georgia Trial... Read more »

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Georgia on
Q: Can I sue a hospital for an undiagnosed abscess leading to sepsis and death?

My mother was in and out of the hospital over a 5 month period, Her blood cultures came back positive for infection during this time. the last time she was admitted was for cellulitis in her foot. She unexpectedly passed away and her autopsy came back with her cause of death being sepsis and an... Read more »

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

Contact a member of the Ga. Trial Lawyers Assn--they give free conultations. Look for one who handles medical cases.All the best.

1 Answer | Asked in Medical Malpractice for Georgia on
Q: CAN I SUE THE HOSPITALS AND NURSING HOMES FOR NEGLIGENCE ON MY DAUGHTERS BEHALF AND SOME DOCTORS

OUR DR SAID SHE THOUGHT SHE WAS FAKING HER ILLNESS MY DAUGHTER IS PARALYZED FROM CIDP DISEASE SHE BEEN DROPPED ON THE FLOOR HER CALL NURSE BUTTON WAS DISCONNECTED SEVERAL TIMES SHE BEEN TOLD SHES BEENING A BOTHER MY DAUGHTER CANT TALK OR YELL TO GET HELP SHE STARTED GET ILL IN JULY 2015 SHE MADE... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 13, 2016

For there to be medical malpractice, a health care professional's actions (or omissions) must fall below the standard of care and cause injury. Whether this happened in your situation requires more investigation.

Contact a local medical malpractice lawyer for a free consultation....
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