Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: Is only tylenol for a planned c section humane? The doctor knew i was on subutex and didnt plan to wean me surgury.
Charles M. Baron's answer
Your question at the top is a medical question, not a legal one - but I'm guessing that you are wondering if you can sue the medical provider for medical malpractice. That starts with asking a doctor with the exact same specialty whether he/she believes the doctor who treated you did not meet the professional standard of care for handling the c-section procedure. Another issue is whether the extent of injury to you (temporary pain that shouldn't have existed) would make a potential...
Your question at the top is a medical question, not a legal one - but I'm guessing that you are wondering if you can sue the medical provider for medical malpractice. That starts with asking a doctor with the exact same specialty whether he/she believes the doctor who treated you did not meet the professional standard of care for handling the c-section procedure. Another issue is whether the extent of injury to you (temporary pain that shouldn't have existed) would make a potential...
Q: What is being asked of me?
Mitchell Feldman's answer
This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.
This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.
Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?
1 Answer
| Asked
in
Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice
for
Oregon
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Greg Freeze's answer
I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
ORS 40.225 codifies the rules.
“'Client' means: (A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal...
I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
ORS 40.225 codifies the rules.
“'Client' means: (A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal...
Q: How can I get justice when the statute of limitations has passed by?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Georgia
on
Answered on Mar 2, 2019
Answered on Mar 2, 2019
Timur Akpinar's answer
As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a condition. However, statutes of limitations are state-specific. Therefore, if you want to explore the issue further or put it to rest, it would make the most sense to contact a Georgia attorney.
Tim...
As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a condition. However, statutes of limitations are state-specific. Therefore, if you want to explore the issue further or put it to rest, it would make the most sense to contact a Georgia attorney.
Tim...
Q: I had hernia surgery 2 yrs ago, now I have a hernia in the exact place of the incision and need to have another sugery.
Gregg M. Hollander's answer
Good afternoon. I'm very sorry to hear about what you're going through.
I'm not a medical doctor of course but I am aware that one of the risks associated with hernia repair surgery is that the hernia can return. If the hernia repair fails and the hernia reappears, this is referred to as a recurrent hernia. This can happen absent malpractice.
Whether or not you have a case would depend upon the specific circumstances of your care and treatment and whether or not the surgeon...
Good afternoon. I'm very sorry to hear about what you're going through.
I'm not a medical doctor of course but I am aware that one of the risks associated with hernia repair surgery is that the hernia can return. If the hernia repair fails and the hernia reappears, this is referred to as a recurrent hernia. This can happen absent malpractice.
Whether or not you have a case would depend upon the specific circumstances of your care and treatment and whether or not the surgeon...
Q: By law, do patients have privacy rights?
1 Answer
| Asked
in
Consumer Law, Criminal Law and Medical Malpractice
for
Indiana
on
Answered on Feb 24, 2019
Answered on Feb 24, 2019
Paul Stanko's answer
Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.
Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.
Q: How do I track down the attorney that settled my suit out of court?
1 Answer
| Asked
in
Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice
for
Washington
on
Answered on Feb 22, 2019
Answered on Feb 22, 2019
Timur Akpinar's answer
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.
Tim Akpinar
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.
Tim Akpinar
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
1 Answer
| Asked
in
Personal Injury, Medical Malpractice and Wrongful Death
for
Pennsylvania
on
Answered on Feb 21, 2019
Answered on Feb 21, 2019
Mark Scoblionko's answer
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
Q: Mom went to her dr multiple times in 2016.Told her she was diabetic.Later xr’d her back said it’s a mess.
Todd N. Hendrickson's answer
It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?
It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?
Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate
Mitchell Feldman's answer
you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a surviving spouse you are entitled to your damages, and thus again, you will be essentially the plaintiff who is to be awarded damages under the wrongful death statute (and others if they qualify as...
you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a surviving spouse you are entitled to your damages, and thus again, you will be essentially the plaintiff who is to be awarded damages under the wrongful death statute (and others if they qualify as...
Q: If you tell a doctor you think they overlooked a medical condition what should they do.
Timur Akpinar's answer
Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the information, and the relevance the doctor feels the information has to the condition at hand.
Tim Akpinar
Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the information, and the relevance the doctor feels the information has to the condition at hand.
Tim Akpinar
Q: I am wondering if you can recommend a medical expert for a case
Timur Akpinar's answer
You could conduct a few basic internet searches for medical experts in your state. If you've already retained an attorney, you could also check with them as to whether they already have someone in mind who is well-versed in the particular issues that arise in your case. Your attorney might have insight into the knowledge, reputation, reliability, and cost of experts regularly used in the region.
Tim Akpinar
You could conduct a few basic internet searches for medical experts in your state. If you've already retained an attorney, you could also check with them as to whether they already have someone in mind who is well-versed in the particular issues that arise in your case. Your attorney might have insight into the knowledge, reputation, reliability, and cost of experts regularly used in the region.
Tim Akpinar
Q: Can I sue Massage Envy for damaging my face with a chemical peel? My face is 10x worse since my first visit.
Marc S. Berman's answer
I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on Justia.com. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. Good luck.
I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on Justia.com. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. Good luck.
Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
Q: Can i sue in federal court for med. malpractice. I can not get a lawyer to take case because of venue
Peter N. Munsing's answer
If it's surgical devices try attorney James Ronca in Philadelphia. If it's in the western part of the state consult attorney Jason Matzus. They give free consults--feel free to use my name.
You can only use Federal Court if you and the other party are citizens of different states. As some of your defendnats may be in state I'm not seeing Federal Jurisdiction.
If it's surgical devices try attorney James Ronca in Philadelphia. If it's in the western part of the state consult attorney Jason Matzus. They give free consults--feel free to use my name.
You can only use Federal Court if you and the other party are citizens of different states. As some of your defendnats may be in state I'm not seeing Federal Jurisdiction.
Q: My husband is being told that he must be transferred to a scaled nursing facility
1 Answer
| Asked
in
Health Care Law, Libel & Slander and Medical Malpractice
for
Pennsylvania
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?
2 Answers
| Asked
in
Medical Malpractice and Personal Injury
for
New Mexico
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
Possibly though much depends on the situation of the tissue following the cancer surgery etc.
Contact attorney James Ronca in Philadelphia. You may use my name.
Possibly though much depends on the situation of the tissue following the cancer surgery etc.
Contact attorney James Ronca in Philadelphia. You may use my name.
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Wrongful Death
for
New York
on
Answered on Feb 4, 2019
Answered on Feb 4, 2019
Peter N. Munsing's answer
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.
Q: Would I still have a case?how much time do I have before I can no longer try for a case?
Daniel John Christensen's answer
I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated. Assuming what you experienced was medical malpractice, there are special rules governing that type of claim. I would encourage you to contact a Board-Certified Personal Injury Trial Lawyer like DC Law as...
I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated. Assuming what you experienced was medical malpractice, there are special rules governing that type of claim. I would encourage you to contact a Board-Certified Personal Injury Trial Lawyer like DC Law as...
Q: Can I hold the VA responsible for not healing properly from a surgery in 2012 - I have numbness on the surgical line
Brent T. Geers' answer
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
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