Medical Malpractice Questions & Answers

Q: If a doctor's office failed to provide necessary care resulting in emergency surgery and loss of job, can I sue?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Feb 20, 2017

This sounds like possible medical malpractice. You should be mindful of the statutes of limitations: http://www.courts.ca.gov/9618.htm

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, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: A dentist used the same instruments that used in my son's mouth is that a small claims

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Feb 20, 2017

Before filing any type of lawsuit, one must ask yourself, "What are the damages?" In this situation, I do not see any ascertainable damages that justify spending the money and time to file a lawsuit.
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Q: hospital released me with high blood pressure and didn't prescribed any medication what can I do

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Feb 19, 2017

Doesn't sound like anyhthing happened. You don't give more than medication if there isn't some emergent problem causing the spike.

You may want to see a cardiologist.
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Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the internet shouldn' t be hard for someone to fijnd.
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Q: Do we have a malpractice case?

1 Answer | Asked in Medical Malpractice and Wrongful Death for New Jersey on
Answered on Feb 18, 2017

Indeed you should. Gerald Baker and Tom Vesper are such attorneys--tell them I suggested you call. Generally you want to speak with a NJ Assn for Justice member who handles malpractice cases--which they do. They give free consultations.

They will ask about approximate dates so make the appointment but try to sketch out a timeline.
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Q: Will the state medical board sue my doctor if I report that they were negligent?

1 Answer | Asked in Medical Malpractice for New York on
Answered on Feb 18, 2017

You would be responsible to sue your doctor for malpractice if you were injured due to the doctor's professional negligence. 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, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: It seems I've been in 3rd stage kidney failure for a number of years and my doctor did not tell me. Next stage dialysis.

1 Answer | Asked in Personal Injury and Medical Malpractice for Wisconsin on
Answered on Feb 17, 2017

Possibly. Depends if that's so, but that would have to come from nephrologist. Why not contact a member of the Wisconsin Assn for Justice? They give free consultations.
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Q: I need to find the best appropriate lawyer I can find that would be interested in taking my case.

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for California on
Answered on Feb 16, 2017

Talk to a member of CAOC who handles medical cases--they give free consults. Juries aren't often big on claims of Mental suffering, so make the claim but heads up a lawyer won't be too excited about that.

If I may suggest you may want to check out a PTSD therapy called EMDR. No drugs, often not more than 6 visits, and youi'll know in 2 - 3 if it's doing anything for you.

Google "Psychology Today EMDR therapist ___________" (insert name if your town).
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Q: The dean of my university refused my GP's medical report to be omitted from a certain activity. Is that allowed?

1 Answer | Asked in Personal Injury, Education Law, Health Care Law and Medical Malpractice on
Answered on Feb 16, 2017

Seems odd. If they didn't give reasons see if the provost can tell you.
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Q: Can a Dr. order a laboratory test based on information that a CNA or MA gathered? Doctor never even saw patient

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Answered on Feb 16, 2017

The doctor's order may be acceptable medical practice given the report of the CNA and assistant. However, you shouldn't be reluctant about complaining to the hospital or doctor's office that the lab test order was unnecessary given your symptoms and question the the propriety of the bill.
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Q: What if the lawyer had it done ( with Prjudice in late 2015,but had you thing the case was on going.

1 Answer | Asked in Products Liability, Medical Malpractice and Patents for Georgia on
Answered on Feb 15, 2017

I believe you may in that case have a potential case against the attorney.But unlikely they wouldn't tell you unless you had not responded to their letters.
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Q: Can you still sue if Dr. kills himself?

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on Feb 15, 2017

Medical malpractice cases can be pursued against the estate of the Dr..

There is a short statute of limitations --2years for med mal from the date the injury occurred and you must find an independent and qualified doctor who will state a breach in the standard of care has occurred.

It is possible to include the hospital or medical group if they were negligent in their relationship with the dr. which is causally connected to your injury.

We offer a free case evaluation...
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Q: What happens if you are not notified of your case being dismissed

1 Answer | Asked in Products Liability, Civil Litigation, Medical Malpractice and Patents for Georgia on
Answered on Feb 15, 2017

You can file a motion ot reopen,which should be done as soon as you find out. Check and see the addresses they used.If you moved, didn't tell people, on you.
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Q: If you just discover a possible medical injury that was overlooked, can you bypass statute of limitations? A loop hole?

1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Answered on Feb 14, 2017

If it's your son, his statute for anything done before the age of 18 is his 20th birthday in most states. If he was under 18 when it happened and it's not yet his 20th birthday, contact a member of the Arkansas Trial Lawyers Assn who handles malpracticeissues.-they give free consults If it's the vaccine you think was at fault it is very difficult ot prove that but for some types of vaccines there are US Court of Claims proceedings.
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Q: I have been on medication and have receding gums from it. The company doesn't list it as a side effect. Do I have case?

1 Answer | Asked in Medical Malpractice and Products Liability for Minnesota on
Answered on Feb 13, 2017

First you would have to show that it was the medicine and nothing else that caused receeding gums, which can come from a number of factors. This is extremely difficult to prove. Either way you need to see an endodontist, so why not let them tell you what they think caused it.
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Q: If you ask your doctor to put in writing why he changed your medication . Does he have to do it or can he say no?

1 Answer | Asked in Medical Malpractice and Health Care Law for California on
Answered on Feb 12, 2017

You can request a copy of your medical records. 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, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: If your father is in physical therapy and receives the wrong medication can you call and have him taken to a hospital

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Feb 12, 2017

The call would have to be from him or the phsycial therapist usually.

And having the wrong medication doesn't mean he has to be hospitalized if it isn't doing him harm. He should talk to his doctor.
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Q: Do I need to file new expert report by a new expert witness?

1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on
Answered on Feb 12, 2017

Ask your new attorney. I assume you have one--mid way through a case is not a time to do it yourself. Look for a member of the Md. Assn for justice--they give free consults.
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Q: can a doctor without diagnosis for patient

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Answered on Feb 9, 2017

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, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: Can I sue a hospital for sending me home with a very sick child?

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Answered on Feb 7, 2017

Depends on her symptoms first time. Things can shift overnight. However focus on her care, then when all the dust has died down and she's well, Contact a member of the Colorado Trial Lawyers Assn who handles medical issues--they give free consults. While it's fresh in your mind, jot down what happened when, then go over it put it in order. Jot down as exactly as you remember exactly what--the words--used by the people you interacted with at the ER. Not a "well I took it to mean that......" but...
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