Medical Malpractice Questions & Answers

Q: Can I sue a hospital and doctor for failing to treat a bleeding disorder, discharged me- I later had transf and surgery.

1 Answer | Asked in Medical Malpractice for Colorado on
Answered on Mar 21, 2017

Maybe. Contact a lawyer that specializes in medical malpractice. Unless the attorney is a doctor and knowledgeable with your specific medical situation (which is very unlikely), the lawyer will likely send you to another doctor (an "expert") to evaluate whether the prior diagnosis was negligent and/or the treatment caused you harm. Many personal injury lawyers work on a contingent fee basis (if direct payment is a problem) and most offer free consultations.
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Q: My husband is in jail waiting to go to prison in cal. Has a torn hernia that he has been seen five times by medical cuz

1 Answer | Asked in Criminal Law and Medical Malpractice for California on
Answered on Mar 21, 2017

The proper way to help your husband is to be supportive through positive letters to the medical staff documenting the condition which places them on notice of the physical condition and need for immediate medical care as to his conditions. Since this is complex medical condition it is best to remain in contact with him through correspondence and keep his motivational level as high as possible under the conditions he is enduring such as physical and mental pain. One quick way to do so is photos...
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Q: My husband has a hernia that is tore and needs to have surgery but is in the county jail waiting to go to prison. What c

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

You can contact his attorney and ask him/her to help him get the medical treatment he needs. He may actually be better able to get that attention once he gets to the prison.

I also answered your question on the civil rights forum this way:

Yes. If you have been convicted of a crime and sentenced to prison to serve the term, having a hernia which needs surgical repair will not keep you out of prison. If surgery is or has been suggested, or the condition severe enough to warrant...
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Q: Can they send someone to prison in calif. Who needs to have surgery on a ruptured hernia

1 Answer | Asked in Criminal Law, Medical Malpractice, Civil Rights and Constitutional Law for California on
Answered on Mar 20, 2017

Yes. If you have been convicted of a crime and sentenced to prison to serve the term, having a hernia which needs surgical repair will not keep you out of prison. If surgery is or has been suggested, or the condition severe enough to warrant immediate surgery, you can apply to the sentencing judge to defer commencement of the imprisonment until after the surgery has been done. Under the 8th Amendment to the U.S. Constitution, you have the right to have your medical condition treated while in...
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Q: My mother acquired a staph infection during a hospital stay - what is the hospital's obligation here?

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Mar 19, 2017

Hospital-borne infections has become a kind of national epidemic in some locales. The obligation of the hospital is to identify, diagnose and treat the infection. If you're asking is the contracting of a staph infection in a hospital by itself an actionable medical malpractice case, the answer is most times "no."
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Q: It was less than a year old

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Mar 18, 2017

Not sure what the question was. Assuming the question is malpractice,contact a member of the Tenn. Trial Lawyers Assn --they give free consults and can get you started.
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Q: How long after a botched procedure do I have to file a law suit against the doctor?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Mar 18, 2017

Three years from when you discover the injury or five years from the injury, whichever is shorter.Contact a member of the Maryland Assn for Justice--they give free consultations.,
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Q: Where can I obtain a lawyer for a medical malpractice suit? I have no money. I developed cancer from non-treatment.

2 Answers | Asked in Medical Malpractice for New York on
Answered on Mar 18, 2017

Contact a member of the NY State Trial Lawyers Assn--they give free consults, and take cases on a contingent fee.
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Q: Do insurance companies give doctors a choice as to whether or not to settle a medical malpractice lawsuit?

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Mar 18, 2017

Usually it's the doctor who demands taking it to trial. If the doctor wants to settle, the insurance company doesn't Have to agree, but risks a bad outcome if they don't .
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Q: Can I sue a dentist for improper treatment?

1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Answered on Mar 18, 2017

Depends on the cirumstances, but few attorneys handle dental malpractice and fewer take cases that have no significant harm from the result. Start by contact a member of the Ohio Assn for Justice--they give free consults.
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Q: How can I get doctors medical malpractice information in California

1 Answer | Asked in Medical Malpractice for California on
Answered on Mar 16, 2017

Go to the Medial Board of California's web-site. You can look up the doctor, check his license status, and see if there is any history of malpractice claims or settlements. http://www.mbc.ca.gov/Breeze/License_Verification.aspx
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Q: Broke my ankle few years ago,after a cast he said pain was arthritis. Got a MRI n have a torn ligament. Do I have a cae

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Answered on Mar 16, 2017

If you came into my office today the first question I would ask you is "how many years ago"?

The statute of limitations is 2 1/2 years for an action for medical malpractice in New York state… However, an exception is made sometimes, if the patient can prove he/she did not learn about the malpractice until later, in which case, The 2 1/2 years are calculated from the time the patient either "new about the malpractice, or, should've known about the malpractice".

There are many...
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Q: My father passed away 2 days after being released from the hospital from gall bladder surgery. No autopsy was performed

2 Answers | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 16, 2017

I believe a family member can request or demand an autopsy. (The family may need to pay for the autopsy.) This is something that should be done right away. It is probably too late if the body has been buried or cremated although there is a way to do some types of forensic autopsies on a body that has been exhumed. I am not sure how helpful that would be. On the other hand, the medical records alone may be sufficient to smoke out medical malpractice. If you suspect medical malpractice you...
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Q: I had a wisdom tooth removed and the Dentist broke my jaw bone. What are my rights?

1 Answer | Asked in Personal Injury and Medical Malpractice for Indiana on
Answered on Mar 16, 2017

Assuming he did it in a careless way, you can make a claim for your injuries, loss of function, medical bills. Contact a member of the Indiana Trial Lawyers Assn. They give free consults.
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Q: REQUESTED HIP EXPLANT TO BE PRESERVED,PER THERE PROTOCOL.MY EXPLANT WAS THROWN IN TRASH PER THE STAFF AND MD.DR

1 Answer | Asked in Medical Malpractice on
Answered on Mar 15, 2017

Discuss with the attorney you have. Short answer is that it's hard to find a case on the doctor getting rid of a removed piece of hardware. Do note that implants have a given "lifespan" and yours may not have been deffective, just at the end of it's lifecycle.
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Q: Can I sue for hospital attracted ecoli infection 2 days after surgery? 3 months later im still recovering.

1 Answer | Asked in Medical Malpractice for Mississippi on
Answered on Mar 15, 2017

Contact a member of the Miss. Assn for Justice who handles medical carelessness cases. They give free consults. Be advised that infection cases are very tough.
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Q: I'm wondering about the possibility of a lawsuit against a prison doctor or a implant company for defective hardware.

1 Answer | Asked in Products Liability, Civil Rights and Medical Malpractice for Georgia on
Answered on Mar 15, 2017

Contact a member of the Ga. Trial Lawyers Assn who handles medical carelessness cases and medical products.
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Q: Was given expired medsfrom a pharmacy. Injected meds for 1 wk. Caused panic attack The company wants to compensate

1 Answer | Asked in Health Care Law and Medical Malpractice for Illinois on
Answered on Mar 15, 2017

Contact a member of the Illinois Trial Lawyers Association--they give free consults. You want to include the cost to your insurance or you of the treatment you received as they have a "right of subrogation."
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Q: my child was sexually abused by her older step brother he is in a medical facility getting treatment but now the step

1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Answered on Mar 15, 2017

Not sure why the step mother is doing anything with your child. You need to assert your parental rights. Your daughter may benefit from EMDR treatment which is used for people with PTSD. You should talk to child protective services about the step mother's involvement.
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Q: Hi qmy name is Junius van Heerden, I have a question. I was admitted to a Goverment hoslital and what happend was,

1 Answer | Asked in Personal Injury and Medical Malpractice on
Answered on Mar 11, 2017

If you suspect you have AIDS for any reason get tested. There is no reason anyone would want to infect you. Your bigger problem is that under the Federal Tort Claims Act notice of the claim has to be given to the government, suit then has to be filed within set times. To be sure contact a member of the Trial Lawyers Assn in the state where it happened--they give fee consults. By the way, ask Justia to delete your name from the question.
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