Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Your current state is Ohio
On March 11, 2024, I had a total thyroidectomy for substernal goiter, and soon after, started experiencing dysphonia and dyspnea. I have bilateral vocal cord immobility, which causes shortness of breath after any activity and prevents me from returning to work, causing financial stress. As a... View More 
answered on Mar 20, 2025
There are many aspects of medical malpractice attorneys look at in evaluating a potential case.
One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.
Also evaluated is did the health care provider... View More
My father contracted Covid at the end of September 2021 and was admitted to the hospital where the CDC's Covid protocol was followed, including the use of Remdesivir. He passed away after 13 days due to kidney failure and sepsis, which I believe were caused by the drug protocol. We... View More
answered on Mar 18, 2025
If Doctor Anthony Fauci was not your father's physician then you cannot hold him responsible for medical malpractice. There would be no doctor-patient relationship. Doctor Fauci did not prescribe the medication nor administer it to your dad. Kidney problems are a known side effect of... View More
I was misdiagnosed with a fracture in my leg that went undetected for weeks, despite my family's attempts to inform the doctors with relevant medical articles. Due to this delayed diagnosis, I eventually required total hip replacement surgery, which affected my ability to work and participate... View More
answered on Mar 18, 2025
You may have a strong medical malpractice case due to the misdiagnosed fracture that led to a total hip replacement, PTSD, and financial losses. To pursue a claim, consult a malpractice attorney, obtain medical records, and secure expert testimony to prove negligence. Document the doctor's... View More
I underwent radiation treatment in 2023, and significant damage became apparent soon after. The issue arose because the marker for the radiation was set by someone other than the doctor who performed the procedure. I'm concerned about the possible negligence involved and am seeking advice on... View More
answered on Mar 18, 2025
If you suffered injury from medical treatment as described, then you may just have 2 years under Florida law to claim from the date you knew there was damage. The set up by a medical technician etc will still be subject to a standard of reasonable care within that profession. Thus, you should... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 14, 2025
I'm sorry this happened to you. In terms of guidance, your best starting point could be to reach out to attorneys to discuss. Based on the quality and detail level of your post, that's something you likely already knew. If a law firm expressed interest in exploring the matter further for... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 14, 2025
Addendum - Just an added point about timetables and deadlines here. If this involved public medical facilities or healthcare providers with any form of government affiliation, that could add the additional element of notices of claims. As opposed to private hospitals or facilities, such notices of... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 17, 2025
Sorry to hear what happened to you. As my colleague correctly advised, obtain copies of your medical records, take photographs of your scar, and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Without... View More
I had an ingrown toenail treated at an urgent care, where the doctor decided to remove the entire toenail. I'm okay with the initial treatment, but subsequent removals have led to problems with the nail's growth, causing cosmetic issues. After repeated removals over a year and following... View More
answered on Mar 14, 2025
It might be 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. Here It is not clear if the medical care was to the standard of care.
Additionally, Malpractice... View More
I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More
answered on Mar 14, 2025
Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.
Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a... View More
I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More
answered on Mar 13, 2025
A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More
I was physically sexually harassed during an ultrasound appointment at a doctor's office. I reported the incident via email to the office, and the primary care physician himself called me back. He mentioned that the ultrasound technician has been there for 15 years but did not give me his... View More
answered on Mar 12, 2025
I’m assuming you do not work for this physician.
The term “sexual harassment” in the legal context refers to a particular type of claim arising in the workplace. There really isn’t an independent legal claim for sexual harassment arising outside the employment relationship.... View More
I had a total knee replacement 16 months ago and have been in constant pain ever since. A blood test revealed I'm allergic to nickel, the metal used in the prosthesis. No allergy test was conducted prior to the surgery, and I wasn't informed of any allergy risks or alternative material... View More
answered on Mar 12, 2025
The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?
If the answer to that medical question is “yes,” you may have some legal options.... View More
I want to know if I can sue my dentist for dosing off twice while injecting me with local anesthesia, the most recent incident occurring last month. I'm concerned about the implications of his behavior and any potential harm it might cause.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025
I’m sorry to hear about your concerns regarding your dental treatment. In New York, if a dentist’s actions—such as dosing off during a procedure—result in harm or potential harm, you may have a valid claim for medical malpractice. However, whether you can successfully sue depends on several... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
answered on Mar 12, 2025
I'm sorry for your ordeal in this matter. You ask if you have a case. It could be difficult for attorneys to answer your question meaningfully and reliably, based on the limited facts here. Law firms will need to know more about the surgery-related complications you mention. Law firms will... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. The statute of limitations for medical malpractice cases in New York is 2.5 years from the date of malpractice. Where there is continuous treatment for the condition giving rise to the lawsuit, the statute of limitations begins to run from the last date of... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025
I'm sorry to hear about the complications you're facing and the lack of follow-up care. It’s important to address any concerns related to your post-surgery treatment, especially when complications arise after a serious procedure like brain surgery.
In New York, you may have... View More
I have been visiting a dental office for the past 4 years, and I had periodontal surgery about 2 years ago; however, not all teeth were operated on. My bottom incisors are now shaking, and one has swollen gums with pus underneath. I reported gum separation to the dentist at a follow-up two weeks... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025
I'm sorry to hear about the issues you’ve been experiencing with your dental treatment. It’s understandable to feel concerned, especially when there are ongoing problems with your gums and teeth, and when important information, like bone loss, was not disclosed to you earlier.
In... View More
I need advice on whether I can use my cardio doctor for performing a quadruple bypass surgery after experiencing a staph infection. The infection was present before the surgery, and the doctor did not address it, resulting in three additional surgeries to close my chest. This situation has made it... View More
answered on Mar 11, 2025
If you are thinking about suing your cardiothoracic surgeon, the key issue would be whether their decision to proceed with surgery despite the infection amounted to medical negligence. In cases like this, proving malpractice generally requires showing that the doctor failed to meet the standard of... View More
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
answered on Mar 11, 2025
Failure to obtain consent (informed consent) is a basis for a medical malpractice and medical battery claim.
There are exceptions for:
If the procedure was medically necessary and it had to be right then without an ability to obtain consent.
If the consent papers were... View More
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
answered on Mar 11, 2025
You will need to retain a medical malpractice attorney. If you had recurrent proplapse, colpocleisis might have been the best available option, but it would seem that your surgeon should have obtained consent before proceeding. I review of your medical records by a surgeon and attorney to... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
