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Medical Malpractice Questions & Answers

1 Answer | Asked in Medical Malpractice on

Q: What to do if spine surgery went wrong? The screw was placed right through the channel were the nerv is!

I went to a specialist in Austria who took a CT. Turned out the doctor here in Mexiko put the screw in the wrong place. I woke up with severe pain in my left leg (whereas before the surgery it was the right leg that was painful). One doctor told me that it is normal and I got an injection. After... Read more »

Tim Akpinar answered on Sep 14, 2019

I'm sorry for your ordeal. This is going to be a complex case, both in terms of its subject matter and its jurisdictional issues. It isn't something on which an attorney would be able to advise in a meaningful manner based on these facts alone. As a starting point, you could contact an attorney for... Read more »

Q: Need help in injury on duty unfair dismissal and medical negligence.

Injury on duty and unfair dismissal that followed and 1 surgery behind me and another scheduled in the next week I need legal help

Tim Akpinar answered on Sep 14, 2019

I'm sorry about your dismissal. This sounds like it is going to be a complex matter involving a number of issues and legal areas. You could start by contacting an employment lawyer (one from this site or one from your independent search). It looks like there are going to be additional elements... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on

Q: I was attacked by a security guard at a hospital while on a 72 hour hold for Suicide. The attack was unprovoked.

The Little Rock police department is investigating for felony charges. The whole incident was on video. I’m wanting to sue them but I have never had to search for a lawyer before much less understanding all the areas of practice.

Patrick R. Lee answered on Sep 6, 2019

You should consult an attorney with experience in intentional torts. If this security guard truly did attack you unprovoked, and the whole incident is on video, you could have a strong case against both the security guard and the hospital for any injuries you sustained in the attack.

1 Answer | Asked in Medical Malpractice for Puerto Rico on

Q: How do I get a medical malpractice suit dismissed providing the party being sued does ask or sue for money

Tim Akpinar answered on Sep 6, 2019

If you are represented by an attorney, you should advise your attorney of your wishes. They would handle paperwork through the court for discontinuance of the action. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Ohio on

Q: Do I have a medical negligence lawsuit?

About a week ago I had to bring my child into the emergency room for a mouth injury that needed stitches. The first hospital was unable to help us and sent us to Children’s Hospital instead. They looked at it but there was no ENT doctor available at the time. Instead of waiting until one arrived,... Read more »

Peter N. Munsing answered on Sep 3, 2019

A lot depends on whether they increased the risk of harm to the child. A problem is that one hospital was a specialized hospital. However that being said, they are held to a higher standard. I suggest you contact a member of the Ohio Assn for Justice who handles medical care cases--they give free... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on

Q: Surgeon that performed surgery to repair tendon turned me away and told me to go home my finger was infected with MRSA

Peter N. Munsing answered on Sep 3, 2019

Contact a member of the Oregon Assn for Justice who handles medical negligence cases--they give free consults. A lot depends on your signs and symptoms.

1 Answer | Asked in Civil Rights, Medical Malpractice and Small Claims for New York on

Q: what legal actions can I take against this medical office

I've went to this medical office about once or twice.Due to the unprofessional, and unethical practices, I decided I won't be coming back. That was about a year ago. However despite constantly communicating with the front desk, They keep calling and harassing me since then for appointments I... Read more »

Peter N. Munsing answered on Sep 3, 2019

You cannot sue them. It is possible that if you are in a program that requires attendance at a doctors office they are calling you for that reason.

As to whether they are billing you or someone else, check your explations of benefits.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice on

Q: WE have an AED at our church but the pastor keeps it locked up. I am a nurse, could I be held accountable if somebody

has a heart attach and I can not access the AED? Can our church be sued if we do not use the AED or oxygen?

Peter N. Munsing answered on Sep 3, 2019

I don't see that liability on either you or the church. The question they may ask is what training and experience you have had in that device.

2 Answers | Asked in Medical Malpractice for Texas on

Q: If i was missed diagnosed for 9 mths is that malpractice?

I went 9 mths believing these specialist to find out i was dying of stage 4 cancer and a tumor under my arm and now i lost my arm. The doctor told me if i would of came there nine mths sooner they could saved me a lot of pain and suffering.

Peter N. Munsing answered on Sep 3, 2019

In your case it might be, as I understand your question. I suggest you contact a member of the Texas Assn for Justice in your county.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Hampshire on

Q: I was having a spinal Cord Stimulater implantation I was put under anesthesia and woke up half way thru tothe doctor cut

I was having a spinal Cord Stimulater implantation I was put under anesthesia but the kind you are in and out of and I told them my concerns about having that type because I’ve had allergic reactions twice before. But they told me I should be fine. I woke up mid surgery and I remember and felt... Read more »

Peter N. Munsing answered on Sep 3, 2019

I don't see a question here, but at this point first, being post op, you need medical treatment so without sounding like you are interested in suing anyone you can ask questions but in a very neutral way. Second, if you have PTS, look for an EMDR therapist. Google:

Psychology Today...
Read more »

1 Answer | Asked in Insurance Bad Faith and Medical Malpractice for Washington DC on

Q: I was hurt a work back in 1997 . I had two IMEs i was awarded life time medical for my knee . And never return to worker

Tim Akpinar answered on Aug 31, 2019

There wasn't a question here, but it appears to involve an injury in the course of employment. You could repost with additional information/question - and maybe add Workers' Comp as a category if it is applicable to your matter. Good luck

Tim Akpinar

2 Answers | Asked in Medical Malpractice for Arizona on

Q: Which attorney wants a potential med. malpractice case? Anthony

Tim Akpinar answered on Aug 31, 2019

This is only a question and answer board; it isn't an attorney referral service. If you want to find a medical malpractice attorney, you could use the Find-a-Lawyer tab above for Arizona attorneys listed on this site, or you could conduct your own independent searches. Most med mal attorneys offer... Read more »

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3 Answers | Asked in Medical Malpractice for Louisiana on

Q: I had an angioplasty and the doctor went in through wrong side to place a stent. I now walk with a limp.

Robert Hallack answered on Aug 29, 2019

How is it that you know the doctor went in through the wrong side to place the stent? The issue in your case is 1) whether by performing your surgery in this manner the surgeon failed to follow the standard of care, and 2) whether by choosing to perform the surgery in this manner did he cause an... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on

Q: E.D. nurse after my son died said to me, "cry me a river about your son." This has increased my grief.

Also gave me a shot in bicep instead of deltoid pain in right arm since.

Tim Akpinar answered on Aug 28, 2019

I'm very sorry for your loss, and the cruel and heartless things said to you. Contact a Colorado attorney to try to arrange a free initial consult. With further detail and context, an experienced attorney might at least be able to determine if the matter warrants further investigation/review of... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on

Q: Can a doctor delete an entry off your medical file electronically?

My baby passed away in a NICU here and she has a entry that doesn't have any information and the status say deleted.

Tim Akpinar answered on Aug 25, 2019

I'm so sorry for your loss. You should speak with a Louisiana attorney, but your question remains open for a week and could involve transient digital files. No one can pass judgment on what the deletion involved without knowing more information. But a deletion under such circumstances raises... Read more »

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... Read more »

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...
Read more »

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1 Answer | Asked in Health Care Law and Medical Malpractice on

Q: I am a nurse in wis and need to know if i need to change my name on my nursing license now or in six mouths?

So after 5 years of being together my boyfriend and I are getting married. So my question is I will have about 5 1/2 months after we get married until my nursing license ( i am a RN) needs to be renewed. What do I do? Renew right after my name change, work under my maiden name until the time I need... Read more »

C.Doris Okafor Dike answered on Aug 19, 2019

I am not a Wisc attorney so I am not familiar with their statutes. Generally speaking, you can keep your maiden name on all documents or change your license. Its really a preference thing. Some people prefer the names on all their licenses and degrees to match.

1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on

Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?

Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

2 Answers | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice on

Q: Is it considered a breach of DR/ Patient confidentiality if a NP posts the exact treatment you received on social media?

An NP posted she had injected 20 units of Botox to me on Yelp's website in response to my review questioning her bedside manner (which was false according to my receipt I actually purchased 40 units) and disfigured my eyebrows causing me to be subject to ridicule and depression as there is no... Read more »

C.Doris Okafor Dike answered on Aug 15, 2019

This becomes dicey. What was the information you posted on yelp? If you posted about her care she may respond. She may not mention the type of care you received..ie services rendered if you never mentioned what work you had done.

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1 Answer | Asked in Criminal Law and Medical Malpractice on

Q: Would a security guard's written report of a conversation with a now deceased individual be admissable?

A security guard spoke to an individual and made a report about their conversation. That individual later died. Would that report, including the conversation, be admissible in court?

Gary Kollin answered on Aug 13, 2019

No. It is hearsay

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