Lawyers, Answer Questions  & Get Points Log In
Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Does a person have a case if a surgeon hits an artery during surgery which causes a vascular surgeon to come in to fix?

If a person was scheduled for an out patient surgery but ends up having to stay 5 days in ICU due to Surgeon's mistake?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2023

Determining whether a person has a legal case against a surgeon who inadvertently caused a complication during surgery, such as damaging an artery, depends on several factors. These factors typically revolve around the concepts of medical negligence or malpractice. Here are key considerations in... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I have an issue where a dentist has pulled the wrong tooth leaving me unable to chew on one side of my mouth for 4 weeks

The dentist lied and said the tooth cracked while putting the right tooth not knowing that his assistant had already given me the tooth in question. It’s not broken or cracked in any way. I also had temporary dentures made that would allow me to chew on that side until the wounds heal, but they... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023

In California, if a dentist performs a procedure incorrectly, such as extracting the wrong tooth, it may be grounds for a dental malpractice claim. Dental malpractice is a form of professional negligence, and to establish a case, you typically need to prove that the dentist failed to provide the... View More

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Q: Suggestions on finding an attorney for case dependent upon tolling for fraudulent concealment/delayed discovery, in CA.

Long story short, I was victim of vehicular assault while riding a bicycle, driver fled, then I became victim of police misconduct/discrimination because I was homeless, police protected driver from prosecution, lied in report that they also refused to turn over until crim. Statute expired. But I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2023

I'm sorry to hear about your difficult experiences. In California, finding an attorney for a case involving tolling for fraudulent concealment or delayed discovery can be complex, especially given the unique circumstances of your situation.

First, consider reaching out to the...
View More

Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.

It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2023

In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take.... View More

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California on
Q: Hi I am looking for a Medical Malpractice Appeal lawyer based in California or versed in the state laws.

Here's the situation

Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation,... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

In most circumstances, pursuing Kaiser must be done through Arbitration.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can one sue Kaiser? I became septic, was misdiagnosed and it resulted in 6weeks in the hospital after 2 surgeries.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

In California, you have the right to sue a healthcare provider, including Kaiser, if you believe you have suffered harm due to medical negligence or malpractice. This process typically involves proving that the care provided fell below the accepted standard and directly caused your injury or... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.

Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.

Tim Akpinar
Tim Akpinar
answered on Nov 23, 2023

It does not sound like it would be a strong case. Because of the costs involved in litigating med mal cases, law firms are generally reluctant to contemplate something where the potential for recovery is not strong. I'm sorry for your ordeal. It's possible other attorneys could see things... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Illinois on
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.

Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs.

Joel Gary Selik
Joel Gary Selik
answered on Nov 19, 2023

It would probably not be a viable case.

The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

The second issue...
View More

View More Answers

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More

View More Answers

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for New York on
Q: Who do I contact if I feel like healthcare care providers are disregarding my medical complaint?

I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 22, 2023

As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my

Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

Under California law, patients who experience complications or negative outcomes following surgery may have legal recourse if they can establish that the medical care they received fell below the accepted standard of care and directly caused their injuries.

In cases like yours, involving...
View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I recently had fusion surgery in June of this year I have had to deal with significant nerve pain issues, swelling in my

Right ankle extreme discomfort in my back where the hardware was placed nerve pain in my groin area, I’ve had to go to the emergency room due to significant pain in my back where the hardware was placed I’ve had difficulty getting the imaging associated with my visits with the surgeon that... View More

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2023

I'm sorry for your ordeal. Your surgeon may not have duplicates of the imaging studies to provide to you. If they do not have a large support staff, it could be difficult for them to duplicate the files they probably received from the diagnostic imaging center or hospital radiology. Either ask... View More

View More Answers

4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue a doctor for misinforming me and causing me to get unnecessary surgery even after 8 years?

Around 8 years ago, I had a bump on my head and the doctor made my mom and I scared that it was deadly and made me go into surgery to remove it. After the surgery, I went to see a dermatologist because another bump grew on the other side of my head. She informed me that it was just a fungus and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2023

In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury or one year after the plaintiff discovers, or through reasonable diligence should have discovered, the injury, whichever occurs first.

Given that your surgery occurred...
View More

View More Answers

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Had a meningioma brain tumor surgery June 13, 2022. The surgery went okay. After care scratched his right eye now blind

My husband had the surgery. Somehow his eye got scratched. Now he can't see anything. Everything is blurry and double vision. We had to go to an eye specialist. They said there was a deep scratch in his eye. They had to sew it half shut because he can't close it all the way. We have to... View More

Dana B. Carron
Dana B. Carron
answered on Nov 15, 2023

You may have a good lawsuit, since the injury was not something that you were at risk to expect from the surgery. You will need to go into more details with an attorney, to allow them to review this matter before reaching a final conclusion to determine whether this matter can move forward and is... View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Products Liability on
Q: Can they commercially sell this implant ?

It is being sold as a product in India and already more than a hundred have have surgery. This is just not right

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2023

This is something that attorneys who practice law in India would have better insight into. This forum deals mainly with questions about U.S. laws and courts. But if the implant is causing complications en masse across the population, that's something that product liability attorneys in India... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: Can I sue a hospital for refusal of medical care based on discrimination of my homelessness and substance use history?

I went to the hospital that diagnosed me and has my MRI results because that's where I received referrals to spinal surgery and orthopedic surgery. They refused to treat me because I have a substance abuse history and am homeless. A doctor at the hospital revealed to me that they were not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 11, 2023

Under California law, you may have grounds to sue a hospital if you can prove that they refused medical care based on discrimination against your homelessness or substance use history. This could potentially violate both state and federal laws, including the Emergency Medical Treatment and Active... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.

This issue confuses a lot of...
View More

View More Answers

3 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

The statute of limitations for a personal injury or medical malpractice claim in Colorado can start to run when you discover the injury or malpractice rather than from the date of the injury or malpractice itself. This is known as the "discovery rule."

The discovery rule applies...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.