Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Your current state is Virginia
I recently downloaded medical records for my child and noticed an unrelated person's name on the records. I called the medical office to inquire how this name was added, but the receptionist could only offer to remove it, without explaining how or when the error occurred. I've stressed... View More

answered on Jun 12, 2025
If the records you received related to another child / patient, then it might very well constitute a HIPAA violation. That said, HIPAA does not create a private cause of action for the aggrieved party (or for the individual who inadvertently received their medical records). Apart from perhaps... View More
I'm considering whether there could be grounds for a medical malpractice case due to delayed treatment at a hospital. My husband was admitted with acute pancreatitis and reported being unable to urinate the next day, with only a Foley catheter placed. There were significant delays in... View More

answered on Jun 10, 2025
I'm sorry to hear of your husband's conditions that apparently weren't treated properly. To establish a valid malpractice case, you will need to have a qualified medical expert confirm that your husband's treating providers did not perform treatment that met the applicable... View More
My grandmother, who was suffering from immense chest and back pain, was misdiagnosed with sciatica at the Kaiser ER in San Jose without a thorough examination. The doctor refused to listen to her and my uncle, who was present and witnessed the interaction. A nurse realized something was wrong and... View More

answered on Jun 10, 2025
To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not evaluating the symptoms correctly, caused the delay that led to the death of your grandmother, and resulted in significant damages, including medical costs, pain and suffering, and... View More
In a California civil case, what tort statutes apply when a doctor commits actual fraud by knowingly misrepresenting a patient's health status as terminal, resulting in damages?

answered on Jun 9, 2025
Why would a doctor knowingly misrepresent a patient's health status as terminal? Would this be insurance or Medicare fraud? If yes, it is unlikely the patient would have a viable case since the patient's actual damages would be relatively minimal compared to the insurance provider or... View More
In February 2023, I underwent surgery to have my gallbladder removed. During the procedure, it appears holes were inadvertently created in my liver, causing an abscess that eventually spread to my lung. I was first hospitalized on Mother's Day 2024 and several times since. Despite consistent... View More

answered on Jun 9, 2025
There are several areas of potential liability. There is the failure to provide appropriate information and to obtain informed consent. There is also a question of if the health care providers breached the standard of care in removing the gallbladder. Even if a complication is a known complication,... View More
I am a caretaker for my cousin, who has been experiencing serious medical issues over the past two years. It started with an abscess in his hip, leading to ICU admission and placement in a nursing home. At the nursing home, they incorrectly administered his antibiotics, and at UC Davis Hospital,... View More

answered on Jun 9, 2025
The first issue in determining whether a medical malpractice case is viable is the Statute of Limitations, which in CA is either one year from the date of the action constituting malpractice or 3 years from the date of the discovery of the malpractice.
The next issue is determining whether... View More
I am considering a medical malpractice case against a doctor who did not provide follow-up care after curing my husband's hepatitis C with Harvoni approximately 7 to 10 years ago. We were never informed about the need for follow-up testing and observation. Now, my husband is on hospice care,... View More

answered on Jun 9, 2025
Based on what you've shared, it’s very likely your case is barred under Texas law. Texas has a two-year deadline to file a medical malpractice claim, and an absolute ten-year limit (called a statute of repose) that applies no matter when the harm was discovered. Since your husband’s... View More
My spouse had a spinal surgery in New Hampshire that failed. A second surgery by the same doctor revealed synovial fluid at the L5 nerve root, but nothing was done about it. Within days, my spouse experienced worsening pain, rash, and swelling at the surgical site. Despite sending photos and... View More

answered on Jun 6, 2025
A New Hampshire attorney could advise best, but your question remains open for two weeks. I'm sorry about your spouse's ordeal. It could depend on the scope of documents your spouse was presented with prior to the procedure, discussions with medical staff, and other factors. The informed... View More
My spouse had a spinal surgery in New Hampshire that failed. A second surgery by the same doctor revealed synovial fluid at the L5 nerve root, but nothing was done about it. Within days, my spouse experienced worsening pain, rash, and swelling at the surgical site. Despite sending photos and... View More

answered on Jun 6, 2025
Addendum - A note about deadlines. Your post does not mention when this happened. You do not need to mention that - this is a public forum. You are free to maintain your privacy. But for your own knowledge, based on the type of medical facility and parties (public or private), statutes of... View More
My husband had two wisdom teeth extracted by the prison medical institution. After weeks of pain and swelling, the provider took an X-ray and realized his jaw was fractured. It took one month before he could receive treatment at an outside hospital. Now, his jaw is wired shut for 5 weeks. Can the... View More

answered on Jun 5, 2025
Yes you can.
Where the medical staff failed to meet the standard of care, there is a claim.
In order for such a case to be viable, the harm caused but be sufficient to warrant bringing a lawsuit. For example, if the failure to treat caused additional harm such as the jaw being... View More
On January 14th, 2023, I believe Mercy San Juan Hospital put me into a medically induced coma to perform a living liver transplant without my consent. I have proof, including my medical file, which I received from my personal injury lawyer. However, my lawyer does not handle medical malpractice... View More

answered on Jun 3, 2025
The first issue with filing a medical malpractice suit is the statute of limitations that will bar your claim if filed too late. In CA, you have 1 year from the date of discovery of the malpractice or 3 years from the date of the malpractice, whichever comes first. Since you have a limited time to... View More
I am a plaintiff in a medical malpractice and wrongful death lawsuit involving my mother. We are currently in the discovery stage since September 2023. I've asked my legal team about the potential amount we might be seeking, but they have said it's too soon to determine. I'm... View More

answered on Jun 2, 2025
An Arizona attorney could advise best, but your question remains open for two weeks. The law firm handling your matter is really in the best position to advise about dollar figures - due to their knowing the most about the case and its progress. As a general commentary, without knowing anything... View More
After undergoing sinus surgery, I experienced months of persistent infections. It was eventually discovered through a CT scan that remnants of posisep and silastic stent material were left inside my sinuses. The surgeon did not inform me beforehand that materials might be left behind, and over a... View More

answered on Jun 2, 2025
Like many legal questions the answer is maybe. The first requirement is to have another medical professional with a similar speciality or practice to say that your doctor breached the relevant standard of care. Once that had been satisfied you must show that you have suffered damages- I.e. pain,... View More
I own my home in Florida as a tenant by entirety with my husband, and it is our primary residence with homestead protection. My husband is very sick and will incur large medical bills in the future. Given that our finances and bank accounts are separate, can medical creditors collect from the sale... View More

answered on May 30, 2025
Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More
I want to understand the process of suing a hospital for malpractice in Washington State due to a surgical error. Specifically, what is the typical contingency fee for a lawyer handling such a case?

answered on May 30, 2025
Med mal cases almost always need to be litigated. For a simple personal injury case in litigation, a 40% contingency fee would apply. Complex med mal cases can be more - 45% or even 50%, depending on a number of factors.
I have been receiving chemotherapy since 2019 for Stage 4 cancer, and my disease was stable until early 2024. At that time, CT scans revealed increasing nodules on my lungs. Despite my concerns, my oncologist chose to monitor without intervention, attributing discrepancies to measurement errors. My... View More

answered on May 30, 2025
It could be. 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.
Additionally, the harm caused by the malpractice, as opposed to what would have occurred without the malpractice.
I was born premature and spent two months on breathing tubes in a hospital incubator. I'm now 23 years old and have a permanent indent on my nose, which affects my self-esteem. I believe this may be due to the tubes not being changed as often as necessary. Can I sue the hospital for malpractice?

answered on May 30, 2025
Sorry to hear what happened to you. Although New York Civil Practice Law & Rules § 208 tolls the statute of limitations for an infant until the infant reaches the age of 18, medical malpractice actions cannot be tolled for more than ten (10) years after the cause of action accrues. If your... View More
I was born premature and spent two months on breathing tubes in a hospital incubator. I'm now 23 years old and have a permanent indent on my nose, which affects my self-esteem. I believe this may be due to the tubes not being changed as often as necessary. Can I sue the hospital for malpractice?

answered on May 30, 2025
I'm sorry for the hardship the premature birth has caused. The statute of limitations issues aside, it sounds like a daunting theory that some law firms could be reluctant to want to move forward with, due to the difficulty of accurately establishing what took place 23 years ago. Good luck
My brother passed away in an Erie p.a. hospital after being on a ventilator for a week from covid. It was very unexpected as he was an avid health influencer which is very well documented by a local TV channel to were he had his own program. Ever since this has happened it just hasn't sat... View More

answered on May 29, 2025
A Pennsylvania attorney could advise best, but your question remains open for over a week. I'm very sorry about the loss of your brother. I've heard about the theories you describe on news and social media, but I've also heard about challenges to such allegations. It would be best... View More
I was a patient at Kaiser Permanente for several years before switching to a different insurance provider in January 2024. My current yearly checkup revealed a high PSA level, indicating a possible infection or prostate cancer. At 62, following further testing, I have been diagnosed with stage 4... View More

answered on May 29, 2025
To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not discussing screening despite evidence like a 2020 Kaiser study showing PSA screening reduces deaths by 64%, caused the delay that led to your stage 4 diagnosis with a 34% 5-year... View More
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