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Massachusetts Medical Malpractice Questions & Answers
Q: if I had emergency surgery under mass health and a claim was filed, can they cancel my policy and deny my claim?

I had emergency surgery and they filed a claim, 3 months later they canceled my policy due to not verifying my address and then sent me a letter requesting correct information for the claims filed and to help them figure out how the claims can be paid correctly? im trying to respond on their online... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

Your matter is more complicated than one where a simple "yes" or "no" would do as a answer. The ideal situation would be that if your settlement is in connection with an accident where you are represented by an attorney, to have them look into the validity of the lien for an unrelated service. As a... Read more »

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal attorney in... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for Massachusetts on
Q: I have had herina mesh materials implanted in my abdomen and surrounding areas and have experienced extensive pain

And additional surgeries to correct the problems to no avail.

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: 4 months after surgery I am having life altering complications.

I had carpel tunnel surgery on my left hand on 1/18/17. My hand became infected. It then healed. I could never really put pressure on my left hand without pain though. On 5/8/17 I was taking an boxing class, doing a push up and now my hand left hand is messed up at and above the incision site. I... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 13, 2017

You need to find out if the doctor did something wrong - consult with other doctors to find out. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

Q: I called 911 for my husband who was having trouble breathing, passing out I called 911 and they transferred me 3 times

I explained to the operator that he had been diagnosed with/ viral cardiomyopathy 3 years prior and that I think he's having heart trouble again. They asked me if I needed the fire department or the squad? I told them that I needed the squad. The operator transfered me 3 times . My husband died.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 31, 2017

I would certainly suggest you contact a member of the Mass Academy of Trial Lawyers in your area. If you need the names of some, let me know.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: psychiatrist prescribing addicts with deadly consequences legal?

Hello,

My name is Ashley.... I was just curious if a psychiatrist prescribing a known addict his drug of choice, without following the typical protocol to prevent his relapse... Is there any liability if the user dies from overdose?

She knowingly prescribed the drug, and refilled it... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 7, 2017

A violation of standards, ethics.A criminal act? Unlikely. Malpractice--yes, but extremely tough to prove. There are patient advocate organizations. Get dates, dosages, name of drug and run it by someone.

1 Answer | Asked in Medical Malpractice and Health Care Law for Massachusetts on
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid

By my insurance co. They claim his billing co screwed up, he is trying to blame my pcp. Either way he says he will discharge me if i dont get it fixed or pay it myself (ins co says i have zero liability) i do not want to go see another dr, massachusetts has been tough on pain patients recently and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 20, 2016

Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.

Find out from the insurance what piece of...
Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Had a colonoscopy and started bleeding out cause polyp removal was not coterized almost died

Bp70/52 8 bags of sodium chloride xray ultrAsound catscan nuclear scan and blood transfusion do I have a case

Peter N. Munsing
Peter N. Munsing answered on Aug 16, 2016

Depends on longterm fallout.Technically, yes. However, whether an attorney would take it is a question given that these types of cases are very expensive. I would wait until you are more out of the wods, then contact a member of the Mass Academy of Trial Lawyers like Tim Lynch. Feel free to mention... Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility

Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility?

Now they suggested her to do an operation to take it out.

What compensation Can I get from the clinic?

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2016

Your wife would want to talk to a member of the Mass Academy of Trial Lawyers who handles pharmaceutical litigation. If you need some names let me know.

1 Answer | Asked in Health Care Law and Medical Malpractice for Massachusetts on
Q: I have a question about a malpractice suit

He went to 195 canal st. malden,ma cambridge health alliance! He went there initially for anxiety and depression. He thought he was going to see a therapist, instead they gave him clonodine and gabapentin and they also wanted to give him serequal but he said he didnt want it. He wanted to see a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 25, 2016

The HIPAA violation is not insignificant but has no real remedy. The big question is did they take an adequate profile, did they schedule him for appropriate liver screenings on an appropriate time table, who prescirbed and under what conditions of information. I suggest you contact a member of the... Read more »

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on
Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?
Marshall Jason Ray
Marshall Jason Ray answered on Apr 29, 2016

You should meet with an attorney in your state to assess the strength and potential value of your specific case. Settlement or judgment values are unpredictable and are based on many factors, including the overall strength of the case and the extent of the injuries that you suffered.

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Medical Negligence? Refused preventative treatment caused a PE.

Can I file a Medical Negligence Case if I had a Pulmonary Embolism after I was refused preventative treatment? I had three risk factors: 2 inherited thrombophilias, family history, and obesity. Two years later I suffered a PE and numerous complications. Having a PE so young (21) will always affect... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 14, 2015

A local medical malpractice lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
Read more »

1 Answer | Asked in Medical Malpractice for Massachusetts on
Q: Can I sue a dentist for not giving me an antibiotic after a wisdom tooth was pulled? It became a serious infection in I

I had the tooth pulled and developed a serious infection that caused me to stay int he hospital and have surgery. After surgery I had to stay in the intensive care unit due to excesive swelling that came from the infection. I was placed on a breathing tube because it was blocking my airways and... Read more »

Adam Studnicki
Adam Studnicki answered on Sep 11, 2015

More information is needed to assess the viability of your claim. A local medical malpractice lawyer that handles dental malpractice cases can advise.... Read more »

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