Medical Malpractice Questions & Answers by State

Medical Malpractice Questions & Answers

Q: I suffered a brain stroke on March 25th of 2016

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on May 3, 2016

I recommend getting copies of your medical records and consulting with a local attorney.
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Q: How much can you get in a police department lawsuit for not getting your medication while incarcerated?

1 Answer | Asked in Medical Malpractice, Civil Rights and Personal Injury for Massachusetts on
Answered on Apr 29, 2016

You should meet with an attorney in your state to assess the strength and potential value of your specific case. Settlement or judgment values are unpredictable and are based on many factors, including the overall strength of the case and the extent of the injuries that you suffered.
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Q: Can I still sue now after five years?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Apr 19, 2016

Maryland Courts & Judicial Proceedings Code Section 5-109, says that a med-mal case must commence within five years of the time that the injury was committed, or within three years of the date the harm was discovered.

Is is hard to foreclose any possibility because there are discovery rule loopholes that you could theoretically have a chance of availing yourself to and argue that the statute of limitations has not passed. I would need to know more facts to know for sure. But based on...
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Q: Is it legal for a Drs office to hold your anti depressant medication hostage until you schedule an appointment

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Apr 19, 2016

It is hard to know without knowing more facts. But generally doctors do have a right to require the patient to come in before reupping mediation.
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Q: I had a CT SCAN with contrast last night and I am allergic to iodine and they know this because its in my medical file.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Apr 9, 2016

Medical malpractice cases are quite expensive, risky, and complicated. It appears that you had an allergic reaction to the Iodine and the hospital failed to take this into account; however, if the injuries were minor, it would be a tough case from a practical standpoint to handle due to the expense of these cases. If the injuries are more serious and longer term in nature, an attorney may be interested in handling the case. You should contact some local attorneys as there may be an attorney...
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Q: What laws apply in Oregon if someone is giving medical advice/diagnosing without a medical license?

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Apr 5, 2016

ORS 677.080: http://www.oregonlaws.org/ors/677.080
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Q: Can I sue a hospital if I was left alone, unable to walk and I hit my head and pass out. Now I have a concussion

2 Answers | Asked in Medical Malpractice and Personal Injury for Arkansas on
Answered on Mar 31, 2016

It is difficult to know if the injury portion fell below the standard of care. Given you were in the bathroom, most people want privacy, so it might have been OK to leave you there. The other issue is damages, and all you suffered was a concussion, to which you may not have any permanent damages to make it worth going after the hospital.
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Q: i filed a medical malpractice lawsuit prose in Cherokee County Ga

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Mar 23, 2016

Get a private attorney in GA. You will not be able to navigate this road without private counsel. If you don't know of anyone, then contact the Atlanta Bar Referral Service (link below) and ask for a Medical Malpractice Attorney in Cherokee Cty. ,GA: http://www.atlantabar.org/?lrishome
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Q: Do I have a medical malpractice law suit for neglegece

1 Answer | Asked in Medical Malpractice for Ohio on
Answered on Mar 22, 2016

There is no way to answer this question without knowing what the injury is and how you allege the doctor(s) was/were negligent.
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Q: Can I sue a doctors office for negligence?

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Mar 11, 2016

Your case is different since you have a workers compensation case pending. Whether or not you have a medical malpractice case is determined by an attorney ordering all of your medical records and then having an expert in the medical field review the records to determine if the physician or whomever you are claiming is negligent, did not follow the standard of care when treating you and, if not, whether that breach of the standard of care resulted in an injury or, in your case, an injury being...
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Q: Is it legal for a student to perform a pelvic exam without supervision from a licensed practitioner or patient consent?

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Mar 4, 2016

It may be legal but if anything unusual or harassing happened, then that is a problem (and possibly illegal depending on what happened) and you could have a criminal cause of action for anything in particular that may have happened that you did not consent to or that rose to the level of being illegal is any way shape or form.
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Q: Do I have any case of a doctor fails to remove a chunk of glass requiring me to get the wound cut open and restitched?

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Feb 26, 2016

If you believe that you may have a cause of action against this physician for what you believe was negligence, then you should consult an attorney. Given the stated facts, it is questionable if you do, but it may be worth having an in person consulation with an attorney. Good luck.
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Q: I am actively seeking an attorney to file an action against st. Francis hospital In Roslyn ER department for negligence.

1 Answer | Asked in Medical Malpractice for New York on
Answered on Feb 16, 2016

You can use the find a lawyer tool on this site, or google, to search for lawyers. Don't delay.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...
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Q: Can your medical provider not write down your questions or concern leaving you no account from your injury

1 Answer | Asked in Medical Malpractice and Health Care Law for South Carolina on
Answered on Feb 16, 2016

Different doctors take notes differently. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and...
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Q: It is a school project.I am the defendant and it is a malpractice lawsuit. I have to make up everything.

1 Answer | Asked in Medical Malpractice for Louisiana on
Answered on Feb 16, 2016

You'll learn more if you do your own homework. Have fun with it.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help...
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Q: Can I sue a doctor who made me barren, during a simple procedure, in 1984-86? If not, why?

1 Answer | Asked in Medical Malpractice for Alabama on
Answered on Feb 16, 2016

The short answer is no. THe statute of limitation has long since run on this.
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Q: How do you deal with a request for a refund from a dental patient who is not satisfied with you services when?

1 Answer | Asked in Contracts, Health Care Law, Personal Injury and Medical Malpractice for North Carolina on
Answered on Feb 12, 2016

Talk to a local health care lawyer. One idea is to address this in a consent form they sign before you provide services.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to...
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Q: Can you sue a hospital for negligence of a pregnant woman which caused a miscarriage of a twin?

1 Answer | Asked in Medical Malpractice for Ohio on
Answered on Feb 6, 2016

More info is needed. Talk to a local malpractice lawyer to determine if you have a viable case.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer...
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Q: Hurt upon transfer to surgical bed causing loss of feeling & partial use of last 2 fingers on both hands & upper R leg.

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Feb 4, 2016

You need to contact an attorney who will evaluate your case and determine if you have grounds to sue and whether or not your damages warrant bringing a cause of action against the cost of the litigation that could be lost.
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Q: Why would a hospital refuse to share blood test results with patient

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Feb 4, 2016

In many states, patients have a right to their medical records. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to...
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