Medical Malpractice Questions & Answers by State

Medical Malpractice Questions & Answers

Q: Is there a best way to file a claim with a doctor's insurance carrier? The policy was provided per F.S. 627.4137

1 Answer | Asked in Medical Malpractice for Florida on Mar 24, 2015

Answered on Mar 26, 2015

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Robert Jason De Groot's answer
You appear to looking for a form when what you need is an attorney. At least go speak with a medical malpractice lawyer for a free consultation.

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Q: medical malpractice question.I have adopted a girl from DCF / Florida.Issue is she was abused before we adopted her and

1 Answer | Asked in Medical Malpractice for Florida on Mar 25, 2015

Answered on Mar 26, 2015

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Robert Jason De Groot's answer
If you cannot be truthful with your own attorney, they may not take the case. The problem is that these insurance company defense lawyers are going to look into your entire lives, and they can do that. You need to let your attorney know about anything that the other side might bring up, beforehand so that they have time to formulate theories.

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Q: Do I have a lawsuit case concerning medical malpractice if a doctor said I had thyroid cancer and after removing it the

1 Answer | Asked in Medical Malpractice for Georgia on Mar 24, 2015

Answered on Mar 24, 2015

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Julie A. Rice's answer
To determine whether or not medical malpractice has been performed you first have to look at what the standard of care is under these particular circumstances. If the results from the tests your doctor performed were similar to those that resembled thyroid cancer, then your doctor may have acted in a reasonable manner. If, however, you doctor did not act within the reasonable standard of care under the circumstances, then your doctor may have committed medical malpractice. Let's assume for a...

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Q: I am a recently diagnosed cancer patient. Are there lawyers for medical ethics/ neglect

1 Answer | Asked in Medical Malpractice for Florida on Jun 17, 2014

Answered on Mar 16, 2015

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Robert Jason De Groot's answer
Go see a medical malpractice attorney about these problems.

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Q: Can a plaintiff sue in "litigation" - for more than the $5000 sued for in small claims?

1 Answer | Asked in Medical Malpractice for Florida on Feb 11, 2015

Answered on Feb 11, 2015

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Robert Jason De Groot's answer
The problem is that the court system is confusing, a plaintiff can sue in any court that has proper jurisdiction. In order to advise you, an attorney needs to know the basic facts and circumstances about the suit. Go see one.

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Q: Need an Attorney to sue surgeon that put wrong size implant into knee which caused me to have another surgeon remove it

1 Answer | Asked in Medical Malpractice for Missouri on Feb 24, 2013

Answered on Feb 7, 2015

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Robert D. Kreisman's answer
You will need to retrieve your surgical records from both surgeries and contact an attorney in your area to consult on this.. It would also be important to know what if any residual problems you are having today. In medical malpractice cases, not only is the patient obliged to prove to a preponderance of the evidence that the doctor or doctors deviated from the standard of care, but you must also be able to prove that those acts or omissions were a cause of your injuries. It is also vital to...

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Q: Why is it so hard to find a lawyer in Florida to bring a case against a doctor?

1 Answer | Asked in Medical Malpractice for Florida on Aug 19, 2012

Answered on Jan 27, 2015

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Robert Jason De Groot's answer
You have not given enough facts for any meaningful answer. The doctor has to breach his duties and do something that is unacceptable in order to be sued.

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Q: Can i sue if a dr.cut me open for cyst and didnt do anything but cut my bowels he say wz mistake.

1 Answer | Asked in Medical Malpractice for Florida on Aug 25, 2014

Answered on Jan 27, 2015

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Robert Jason De Groot's answer
Asking a question on the internet does not get much of an answer from the right type of attorney. I do not handle medical malpractice cases, and you should go see an attorney who does. I write only to tell you that most of the time when you have a legal problem, the very best thing to do is to actually speak with an attorney who handles that type of case.

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Q: I fell off scaffold had surgery the doctor some how got my bicep muscle in my shoulder and missed a slaptear i

1 Answer | Asked in Medical Malpractice for Delaware on Jan 18, 2015

Answered on Jan 26, 2015

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Robert D. Kreisman's answer
I understand that your injury was exacerberated by what may amount to medical negligence. The problem in my opinion with your description is that from a lawyer's point of view, the damages that you may prove would not economically be a feasible and satisfactory result for you and your lawyers' efforts. The reason being that the damages you may be able to prove satisfactorily do not measure up to the enormous expense it would require just to prove that the doctor(s) were negligent and were a...

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Q: Can a retired doctor be sued?

1 Answer | Asked in Medical Malpractice for New Jersey on Jan 23, 2015

Answered on Jan 26, 2015

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Robert D. Kreisman's answer
Yes. As in all medical malpractice cases, the evidence is mostly in the hospital, physician and medical provider records. Just because the doctor who you believe may have acted below the standard of care that resulted in your injuries has retired, does not mean that he/she is protected from a lawsuit, assuming the statute of limitations or statute of repose have not passed. You should consult with a local lawyer.

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Q: What do I need to do to know whether I have a case against the hospital, doctors and even nurses where my son was born

1 Answer | Asked in Medical Malpractice for Illinois on Jan 26, 2015

Answered on Jan 26, 2015

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Robert D. Kreisman's answer
It is critical that the mother's labor and delivery records are retrieved, along with the neonatal records of your son. It is also important to have the prenatal records of the mother. Once all of these and other hospital, physician and medical records are available, a lawyer who practices in this specialized field should be consulted so that the records can be reviewed by a physician. In Illinois it is required that a certificate of merit be made part of a lawsuit claiming medical...

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Q: is a doctor liable for not placing a patient in care when the parents are so against the placement? It was documented...

2 Answers | Asked in Medical Malpractice for Florida on Sep 23, 2014

Answered on Jan 14, 2015

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Robert Jason De Groot's answer
There are not enough facts given here. Go see a medical malpractice attorney.

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Q: help

1 Answer | Asked in Medical Malpractice for Florida on Jan 12, 2015

Answered on Jan 13, 2015

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Robert Jason De Groot's answer
What you need to do is look for a medical malpractice attorney, set up a free appointment, and go talk with them.

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Q: Due to misdiagnoses

1 Answer | Asked in Medical Malpractice for California on Dec 18, 2014

Answered on Jan 5, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

In California, action for medical malpractice must be filed the earlier of: (a) one year from the date plaintiff knows or should have known about the injury, or (b) three years from the date of the injury. See, California Code of Civil Procedure Section 340.5. Be sure to consult your own attorney to protect your legal rights.

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Q: Do I need a Medical Malpractice Lawyer? what is the time limit for severe nerve damage?

1 Answer | Asked in Medical Malpractice for Florida on Jan 2, 2015

Answered on Jan 3, 2015

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Robert Jason De Groot's answer
You have to go see a medical malpractice attorney about this. You have a limited time to sue, which I think is only two years.

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Q: Do I need a Med. Mal. Lawyer

1 Answer | Asked in Medical Malpractice for Florida on Oct 7, 2014

Answered on Dec 19, 2014

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Keith Petrochko's answer
Possibly. Medical malpractice cases are complicated. If you haven't already, you need to contact an attorney as soon as possible.

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Q: Can your doctor dismiss you without cause?

1 Answer | Asked in Medical Malpractice for Virginia on Apr 27, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
A doctor can dismiss a patient at his discretion. As an ethical consideration, he should ensure that the patient can receive treatment elsewhere but he cannot be required to continue to treat a patient.

She may wish to contact the State Board of Medicine in Richmond if she desires to file a complaint, but there is no legal remedy for terminating the relationship.

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Q: I was in a car accident the case is already settled but can I sue my doctor for not notifying me of metal poisioning due

1 Answer | Asked in Medical Malpractice for Virginia on Nov 17, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
Your question is not entirely clear but if there was negligent treatment of an injury sustained in a car accident, it can either be included as part of the auto claim or in a separate claim for medical malpractice. If the auto case is settled, you may still have a possible medical malpractice claim. However, the physician did not cause the jaw injury. The viability of a malpractice claim will depend on what actual harm was caused by the physician's failure to diagnose and/or notify you of...

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