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Maryland Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Mark Kopec
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answered on Apr 20, 2024

It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: When is the best time in an ongoing medical issue to initiate malpractice/negligence proceedings?

I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2024

It sounds like you are considering the timing of your lawsuit as part of your strategy. Some law firms file suit at the onset; some file suit upon the collapse of negotiation efforts or when the statute of limitations is looming. Something to keep in mind is that many insurance defense firms will... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Maryland on
Q: CVS put two different medicines in one bottle, one arthritis, one heart medication.

My wife picked up her rheumatoid arthritis medicine late last month and noticed that the pill bottle has two types of pills mixed in. We found out one is for some kind of heart condition. Something that could have been dangerous, what do we do?

Mark Kopec
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answered on Feb 12, 2024

It sounds from your description that fortunately your wife was not injured. If that is the case, it will be challenging to get significant compensation for her. You can file an administrative complaint with the government agency that regulates pharmacists. You can find out more about that on the... View More

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I went to emergency room I got an x-ray but the doctor say I got to and get a mri some were else is this true
Mark Kopec
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answered on Jan 21, 2024

That may be true, and is often the case. While an x-ray is helpful in diagnosing broken bones, an MRI is often needed to assess soft tissue injuries involving tendons and ligaments.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: I live in Maryland and have a possible medical malpractice suit in Virginia. Looking for guidance.
Scott Scherr
Scott Scherr
answered on Jul 11, 2023

You would need to consult with a Virginia attorney. Use the "Find a Lawyer" function to locate a medical malpractice attorney in Virginia.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I live in Md, had surgery in Va, a doctor when removing gall stones perforated my bile duct and left a guide wire in me.

Resulting in having emergency surgery the same day, with a drainage tube and t- tube put in, in addition to foreign object removal. Spent 9 days in the hospital. Removed drainage tube in about a week (outpatient). Got an infection, back to the hospital. Removed t-tube about 2 months later... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 11, 2023

You may have a case. Problems can happen with or without negligence, even where it is a known risk. A medical expert would have to review the case. See an experienced attorney.

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: What type of lawyer do we contact for permanent injury that my 19yo son will have for the rest of his life?

Due to the detention centers failure to provide proper medical attention, during the 13 months that my son was Incarcerated, he is now permanently disabled. He repeatedly put in sick call slips and asked to be taken to the hospital. As his health declined and his symptoms worsened, the detention... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2023

There are attorneys who have expertise with medical malpractice in jails and prisons.

1 Answer | Asked in Medical Malpractice for Maryland on
Q: Pharmacy gave the worng medication he said he made a mistake yes I got sick date 10/30/21
Lee Eidelberg
Lee Eidelberg
answered on Nov 17, 2021

You have not posted an actual question. Do I have a possible claim? Is that your question? Answer: Yes, perhaps. The claim could be dependent on the difference in appearance between the two medications, what medication was actually described on the prescription bottle, how much of the... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Maryland on
Q: Can I sue the animal shelter if my dog became really sick after getting out?

My dog went out my door and went missing for a couple of hours. Later animal control got a hold of my dog. I took my dog out a week later since I couldn't pay for the fees at the time. I went to go get my dog this Tuesday and they told me that she hasn't eaten in those days. My dog was 5... View More

Mark Oakley
Mark Oakley
answered on Jul 3, 2021

You have to prove that the shelter had a duty to care for your dog, breached that duty of care in some way, and that breach of care directly resulted in your dog's death. You have articulated no facts to support how or what caused your dog's death. How do you know your dog did not eat... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Contracts for Maryland on
Q: As a practicing physician contractor in Maryland, does my LLC need to be in Maryland?

I am a physician licensed in Maryland planning to do contract work with an employer in Maryland. The employer will be paying my LLC that I must set up. The taxes are lower in Virginia, so I would like to set up my LLC in Virginia. However, I am not licensed in Virginia. Do I need to set up the LLC... View More

Mark Oakley
Mark Oakley
answered on Apr 22, 2021

You are mixing up two totally different things: (1) the right of a legal entity to regularly conduct business in Maryland; and (2) which state you owe and pay income taxes. If it was as easy as where you organize your pass-through entity, everyone would create an LLC in the states with no state... View More

2 Answers | Asked in Medical Malpractice for Maryland on
Q: I had terrible complications after plastic surgery because of drug interaction.

Doctor was aware that I was taking the meds. Can I sue?

Tim Akpinar
Tim Akpinar
answered on Mar 7, 2021

A Maryland attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. It would be difficult for any attorney to offer meaningful guidance here though, regardless of where they practice, based on the brief description. And even with additional information... View More

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1 Answer | Asked in Gov & Administrative Law, Medical Malpractice and Personal Injury for Maryland on
Q: Can anyone please help me to pursue a claim against the government (VA) for permanent and life-changing injury?

This injury was caused during a VA compensation and pension exam done in April 2018 with new issues arising just the last few months. It’s been suggested I hire a lawyer. I am already 100% service-connected but apparently need to pursue this outside the VA system. Thank you for any help,... View More

Eric Todd Kirk
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answered on Jul 27, 2020

Claims against the VA likely require formal notice to be given within two years. You should promptly consult with a lawyer in a confidential setting. See. https://www.justia.com/injury/federal-tort-claims-act-

ftca/#:~:text=The%20Federal%20Tort%20Claims%20Act,strict%20rules%20must%20be%20followed.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for Maryland on
Q: Good Evening, My name is Imelda. Pharmacy Medication/Patient Error. On 08/06/2019.

On 08/06/2019, doctor provided me with written prescription. Hand held prescription to pharmacy agent. Within minutes they had the prescription ready. After taking medication I felt very very ill. I called Dr. to inform her. When she mentioned to cut in half. Red light flashed, I took a good look... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 22, 2019

Do both. Photograph the bottle etc, the receipt .

Realistically, you have a case but a very small one because from what you say nothing lasting happened--you had a nasty experience, but that would get you very little.

However the pharmacy should be notified because, who knows, the...
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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Do I have a case if my doctor wrote my perscription wrong and it caused me to get hurt at work
Tim Akpinar
Tim Akpinar
answered on Mar 30, 2019

It's difficult to make a meaningful assessment based on the limited facts here. You could consult with an attorney, and it is likely they would have additional questions, such as warnings for the prescription. They would likely want to know whether instructions for the medication were... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Q: Does a doctor break any laws dating a former patient?

Is there any legally required wait period?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 27, 2018

As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient... View More

3 Answers | Asked in Medical Malpractice for Maryland on
Q: How serious of an injury do I need to have suffered in order to win a med mal case against a major hospital?
Mark Oakley
Mark Oakley
answered on Dec 8, 2018

“Winning” is determined not by how injured or damaged you are, but how strong your evidence is that your doctor breached the standard of care he owed to you when providing your medical care. The standard of care must be established by another physician with the expertise to define what that... View More

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: Does medical malpractice laws affect veterinarians, too? Or just human doctors?
Mark Oakley
Mark Oakley
answered on Nov 30, 2018

There is a statutory scheme set up to specifically address medical malpractice by physicians (regular M.D.s), that would not apply to vets. These statutory provisions are largely procedural, but also address substantive issues related to the claims. However, the standards for professional... View More

1 Answer | Asked in Medical Malpractice for Maryland on
Q: If I had a knee replacement and later find out the product was recalled before the doctor put it in me, do I have a case

for medical malpractice?

Thomas Neary
Thomas Neary
answered on Nov 12, 2018

It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.

2 Answers | Asked in Medical Malpractice for Maryland on
Q: Is there a difference between medical malpractice and regular negligence?
Tim Akpinar
Tim Akpinar
answered on Oct 29, 2018

I do not practice in Maryland but your question remains open for four weeks. The underlying concept is essentially the same. It is based upon the existence of a duty, a breach of that duty, injuries/damages, and a causal link between the breach of duty and ensuing injuries. Medical malpractice can... View More

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1 Answer | Asked in Medical Malpractice for Maryland on
Q: A surgeon who's now retired left a piece of equipment in me during surgery. Can I sue him even though he's no longer

practicing medicine?

Mark Oakley
Mark Oakley
answered on Oct 20, 2018

The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have... View More

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