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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for California on
Q: My Husband needs surgery on his foot and was told a date, but the doctor canceled.

It has been twice they canceled because They keep missing information till the last minute. We keep missing work and they just say sorry we'll reschedule.

Tim Akpinar
Tim Akpinar answered on Jan 23, 2020

There wasn't a question included in your post, but if you're wondering whether the doctor's conduct would be considered medical malpractice, the short answer is, "very unlikely." It might be inconvenient, or it might evidence poor scheduling. But unless the cancellations and delays led to a... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Can a Doctor deny a patient medical treatment if listed as the patients primary care?
Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

It could depend on the provisions of the insurance policy. Your post remains open for two weeks. There's no point losing further time if you need medical attention; ask the carrier to arrange for another primary physician. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice on
Q: Botch surgery

Recently I had a very botched surgery.

I asked for it to be fixed and they said they will refund me the money if I sign saying I won’t give the company a bad review ect. They have informed me that I have 7 days to sign or no refund.

Should I sign?

I have a very botched... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for the botched surgery. Maybe the most fundamental thing that a U.S. attorney could tell you is to consult with an Australian attorney before signing anything. It's likely that Australian law follows general principles similar to U.S. law for the basic premise of medical malpractice. But... Read more »

1 Answer | Asked in Medical Malpractice on
Q: what is the law on a dr abandoning a patient and declines refilling the patients maintanence medications
Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

As a general doctrine, a doctor unjustifiably abandoning a patient with whom a doctor-patient relationship exists could possibly constitute malpractice. But you must consult with a North Carolina attorney because state law-specific provisions could apply; your post remains open for two weeks. Also... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Nevada on
Q: I called and was refused ambulance ride

I called an ambulance because I couldn't move and was sick and was refused a ride to the hospital and was told I am a waste of space and don't deserve a bed. Ten minutes later I pulled the courage to call again and I told them I was sick and now also having suicidal thoughts.

Tim Akpinar
Tim Akpinar answered on Jan 18, 2020

I'm sorry for your ordeal. There wasn't a question here, but if you are wondering about your rights, the best option might be to contact a Nevada attorney to discuss the matter in further detail. This could be a fact-intensive matter, where an attorney may want to review any reports that were made.... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: What do I need to start a medical malpractice lawsuit?

My wife's birth was more complicated than her pregnancy. She was supposed to have a better birth, but it ended up being 3 and a half hours long of tremendous pushing. Despite the epidural, she still had a lot of pain. Then our baby was born with all these crazy things, like seizures, swelling in... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jan 17, 2020

you need to consult with a med mal lawyer and NOT post on an open forum like this.

you will need doctors that would testify there was malpractice...rather than a bad result or just difficult pregnancy.

1 Answer | Asked in Medical Malpractice and Personal Injury on
Q: Can you still have a malpractice suite if you are 30years old and born with a birth defect that was caused by the doctor

Syrabol palsy

Tim Akpinar
Tim Akpinar answered on Jan 16, 2020

A lot of time has elapsed here. Your question remains open for a week, but doesn't have a unviersal answer. You're going to have to consult with a Georgia med mal attorney as to the state-specific operation of the statute of limitations in med mal cases. I can't speak for the law in Georgia, but as... Read more »

1 Answer | Asked in Civil Litigation, Federal Crimes, Legal Malpractice and Medical Malpractice for Georgia on
Q: Are there any requirements that a witness or testimony must meant before they/it can be used in the court of law?

For example, when a person claims they were present when a crime took place, would they have to prove this in anyway or is any person who claims to know something about a case accepted?

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Jan 16, 2020

This is typically proven in court on direct and/or cross examination. This is the importance of good legal counsel. If you haven’t already, it is best to contact an attorney who can assist you with the specifics of your case and provide you with tailored representation.

We are glad to...
Read more »

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Will my son have a malpractice case or personal injury

My son was see in the ER for an infection on his right foot it was Swollen and painful the doctor cut his foot open and drained it but was not probably drained and the infection had gotten worse his pain was so out of control that we mad several visit to the same ER For the same reason I then... Read more »

William John Light
William John Light answered on Jan 16, 2020

If your son has a case, it would be for malpractice. Getting an MRSA infection is not, by itself, evidence of malpractice. You should contact a medical malpractice attorney to discuss the issue. Your son's medical records will need to be obtained from every ER where he was seen, as well as the... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants, infants... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on
Q: How to find a Attorney who will protect the rights of a patient who is handicapped in ICU and misdiagnosis and care

My son has been in two hospitals for a total of three months. He is handicapped mentally and delayed. The doctors still can not diagnosis the reasons for his fever spikes. He has gone on a downward medical path. He acquired a collapsed lung, 3 pneumonia, bed sores and with all the testing the... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 11, 2020

You need to call around and attorney cannot call you as that is called solicitation. That being said the best part of the case is probably the bed sores or non/mis diagnosis. Bed sores should never occur in a patient that cannot move themselves. Generally bed sores occur because of the following... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I have a WC case, I fell at work. I had shoulder surgery and my Dr did a AC resection which i did not know about prior

to surgery and WC insurance does not want to cover surgery because they took responsibility for a slap tear but not the AC injury, according to them, it is age related, my Dr knew this and still did surgery on that area and now I am left worse than before surgery with constant pain and lump on my... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 11, 2020

To answer your question, a Texas med mal attorney would probably want to review your medical history and surgical records with a medical professional knowledgeable in orthopedic surgery. I would anticipate that the defense would present evidence to a jury that went to the element of the... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 8, 2020

You say that your son is now an adult so your son will need to be the person that seeks additional medical advice or who contacts an Attorney if he feels that there was medical malpractice. You should talk to your son and encourage him to seek medical advice from another heart surgeon.... Read more »

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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: would it be malpractice for a facility to fire a patient without the patients primary drs knowledge,consent,permission?
Tim Akpinar
Tim Akpinar answered on Jan 6, 2020

No, not on its face, as a general matter. Your question remains open for two weeks and you could consult with a North Carolina attorney for any state-specific health care law that would apply. It could be, but each case can be fact-specific. When a hospital medical staff makes the determination to... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Medical Malpractice for California on
Q: My ex boyfriend somehow obtained a DNA test by fraudulently signing as guardian and took that to court and was able to

Establish parentage behind my back. My son who is four already has a legal father who signed a vdop that is filed with DVDs at the time of birth and he had an active case prior to this to establish 50/50 custody with me. Fast son's possible biological parent then staged a DV and got... Read more »

Mike Darlington
Mike Darlington answered on Jan 6, 2020

I would guess there is much to this story that has not been told. You are right, you do have conflicting orders, and technically yours is last in time. However, since you knew of the biological father he should have been noticed of your action and it should have been disclosed to the court that... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for California on
Q: Do I have a workers comp case against my school district? Also do I have a medical malpractice case against my surgeon?

Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.

I am making no progress, in tremendous pain do to... Read more »

Ronald Mahurin
Ronald Mahurin answered on Jan 4, 2020

Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... Read more »

1 Answer | Asked in Medical Malpractice for Ohio on
Q: How would a doctor miss the diagnosis of atherosclerosis heart disease. His symptoms he had match this disease.

My father just passed away from this and Acute Ventricular Dysrythmia after seeing his doctor numerous times for his high blood pressure, numbness in his legs and feet, severe confusion, chest pain and trouble breathing and they never did tests for his heart. They kept telling him it could be... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 3, 2020

I'm very sorry for your loss. An Ohio attorney could address your question in the best manner, but your post remains open for three weeks. As a general matter in any jurisdiction, medical malpractice cases are generally assessed in terms of whether a breach of a duty occurred. To make that... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: If a doctor let someone live with a leaking Aortic Vaule for ten months before deciding to do surgery to fix the leak

Then they die. by not doing a surgery and fixing leak .can that prove doctor negligence for wrongful death

Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

It could be an issue presented to a jury to decide, but it is not unequivocal proof on its face. An attorney (unless they had a medical background, and probably had more information to review) would not be able to make this determination. If you are contemplating legal action, you should consult... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Michigan on
Q: hello, 2 years ago after my surgery I was mistreated by a nurse at henry ford

had half of my left lung removed, so have a good size scar on left side. surgery went well. however it was the treatment I received in recovery that has my concern. I was treated horrible only way to describe it is as a dog. a day and a half after my surgery I was moved to a private room. a step... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

I believe I may have answered this question previously because the facility name seems familiar. My response was that although you suffered a painful and aggravating ordeal post-op, you mention that the surgery went well. Med mal cases are generally based on a breach of duty. As a practical matter,... Read more »

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