Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2025

I'm sorry to hear about the situation you're dealing with. It’s understandably concerning to discover that stitches were left in your leg for such a long period. In New York, medical malpractice claims arise when a healthcare provider deviates from accepted standards of medical care,... View More

The first thing you must do is take all of your relevant medical records to another surgeon in the same medical specialty and who is licensed in Texas to determine if the first surgeon who did your surgery did or failed to do something in breach of the standard of care that is the proximate cause... View More

In California, you may address these issues through several legal avenues. For HIPAA violations, you can file a complaint with the HHS Office for Civil Rights. False documentation and inadequate care may support a medical malpractice claim if they caused harm, requiring proof of negligence.... View More

A North Carolina attorney could advise best, but your question remains open for a week. Suing means filing a lawsuit in court. It is the traditional route of serving the other side with a summons and complaint, conducting discovery (fact-finding and records-gathering), and proceeding toward trial.... View More

A Minnesota attorney could advise best, but your question remains open for a week. Your post didn't include a question, but it's clear that you are probably wondering about your spouse's rights. Your spouse could arrange a consult with Minnesota law firms to discuss in further... View More

NYS requires 6 yea retention of patient reocrds:

(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More

Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More

I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More

Your "belief" alone is not enough.

Get an examination by a different OB/GYN for the purpose of obtaining a medical opinion whether you were given an extra, medically unnecessary stitch in the procedure to close the perineal tear. If you were in fact given an extra, medically... View More

It might be malpractice.

Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another... View More

Whether the first surgeon did something wrong - did not follow standards of care in setting the wrist with hardware - must be stated by another surgeon. In Maine if the surgeon did not follow proper standards of care in setting the wrist with hardware then a potential claim may be brought for the... View More

Everyone's body is different. You may have an abnormal reaction. It does not mean the doctor should have done something to avoid it. The sole abnormal bruise is not proof of a doctor's negligence.

See another physician to find out if the condition is serious. If it is, you need treatment, and you sue, the other physician might be a good expert witness. If you seek treatment, and you are covered by insurance, the insurance carrier may also help with an attorney.

Possibly. 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.

Consult with experienced malpractice attorneys in the state where this occurred.

Use the JUSTIA... View More

A doctor can be liable for something like this but it depends on why the stroke occurred and when it happened. There is not enough information in your inquiry for me to give you a more definitive answer. If the doctor breached the standard of care during the operation or afterwards during her post... View More

You may have a medical malpractice case if it can be shown that your doctors failed to meet the standard of care by not prescribing blood thinners after your knee surgery, leading to preventable complications like your pulmonary embolism and ongoing health issues. Consent forms don’t absolve... View More

This does not sound like a patent question.

A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney... View More

An Ohio attorney could advise best, but your question remains open for three weeks. This looks like it has the makings of a difficult case that many law firms would be reluctant to take on. This is not to say that you did not suffer. Any observer would probably have sympathy for your plight.... View More

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 21, 2024

Dear injured worker,

Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More

The initial 3 questions are:

1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex... View More