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My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More 
answered on Jul 20, 2024
Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More
65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain
answered on Jul 12, 2024
Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More
on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More
answered on Jul 9, 2024
Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More
meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
answered on Jul 9, 2024
I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More
meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery
answered on Jul 9, 2024
Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More
My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?
answered on Jul 5, 2024
If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.
My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?
answered on Jul 9, 2024
You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the... View More
answered on Jul 4, 2024
I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More
answered on Jul 5, 2024
Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More
About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More
answered on Jul 2, 2024
A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More
My 11 year old son broke his foot on June 21 and got a splint from the ER. He still hadn’t got the appointment for the orthopedic for a cast. July 1 I took him back to the ER because he was in so much pain and his foot was sitting sideways in the splint. He has a sore on the back of his heel from... View More
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answered on Jul 2, 2024
You should take your son to a healthcare provider as soon as possible. The sore on his heel may indicate that the splint is not fitting correctly, which can lead to further complications. Explain the situation, including the pain and the sore, to ensure he receives appropriate care.
While... View More
Best practice is to file separate motions to compel further responses to interrogatories, and to production demands.
But- when interrogatories and demands are interconnected, is it acceptable to have consolidated motion and declaration, but separate statements and proposed order per... View More
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answered on Jun 30, 2024
Generally speaking, the best practice in California is indeed to file separate motions to compel further responses for different types of discovery devices (e.g., interrogatories and requests for production of documents). This is because each type of discovery is governed by different sections of... View More
The ER doctors dismissed me two days in a row until I saw my surgeon a week later. He was very upset when he finally saw me and how my incisions looked. He sent me back to the ER to be treated the correct way only to be mistreated again by the ER doctors.
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answered on Jun 29, 2024
Based on the information provided, you may potentially have a case for medical malpractice, but more details would be needed to make a definitive assessment. Here are some key points to consider:
1. Standard of care: The main question is whether the ER doctors' actions fell below the... View More
Doctor defendant knowingly records non-existent terminal disease on admission to hospital, out of network for patient's insurance. Further, patient get's referred to hospice based non-existent terminal disease. Doctor can claim that could not be aware about consequent referral to hospice.... View More
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answered on Jun 27, 2024
This is a complex legal question involving medical malpractice and potential fraud. To properly assess liability, several key factors need to be considered:
1. False diagnosis: If the doctor knowingly recorded a non-existent terminal disease, this could be considered medical malpractice or... View More
My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More
answered on Jun 26, 2024
Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More
In common area for customization of hospital/doctor contract what is non/complete clauses?
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answered on Jun 24, 2024
To answer this question, let's break down the key elements:
1. Non-compete clauses in healthcare contracts:
Non-compete clauses (often mistakenly called "non-complete" clauses) are contractual provisions that restrict a healthcare professional from practicing in a... View More
Is there such a thing as standard or typical Hospital/doctor contract for doctors of the same speciality , education, and level of experience? In other words, for comparison of doctor's compensation and incentives what are criteria for comparison?
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answered on Jun 24, 2024
To answer this question, we need to consider several factors:
1. Standardization of contracts:
There is no single "standard" hospital/doctor contract that applies universally. Contracts can vary significantly based on factors like the hospital's size, location, and... View More
I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More
answered on Jun 24, 2024
A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.
There are also motion for reconsideration and other actions you can consider.
If unsuccessful, your remedy may be a... View More
I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More
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answered on Jun 24, 2024
Here's a concise response to your question about filing a motion to vacate judgment in California:
1. Generally, you have 180 days (about 6 months) from the date of entry of judgment to file a motion to vacate under California Code of Civil Procedure (CCP) Section 473(b).
2. If... View More
Unless preservation notice was given in the beginning of case by plaintiff, defendant can destroy records?
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answered on Jun 24, 2024
This is an important legal question, but the answer is not as straightforward as you might hope. Let me explain:
1. Generally speaking, parties have an obligation to preserve relevant evidence once litigation is reasonably anticipated, even before a formal preservation notice is issued.... View More
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