Medical Malpractice Questions & Answers

Q: Do plaintiff or the defendants pay the plaintiff lawyer's fee?

2 Answers | Asked in Medical Malpractice for Maryland on
Answered on Apr 25, 2017

No, in Maryland, each side pays his or her own legal fees and expense. Plaintiff pays his/her own legal fees and expenses.
View Details »

Q: Can an esthetician in Missouri under the supervision of a M.D or D.O. perform esthetic injections?

1 Answer | Asked in Civil Litigation and Medical Malpractice for Missouri on
Answered on Apr 25, 2017

I have never specifically researched the issue, but given the limits of typical esthetician training, I seriously doubt it. If one has performed injections on you, it may be malpractice on the part of the esthetician and the supervising physician. Whether it is a viable malpractice case may depend on the extent of your injury, if any.
View Details »

Q: In North Carolina, is it legal for an RN, to diagnose a staff member with a mental illness?

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Apr 24, 2017

The Social worker is violating ethical rules; nurse shouldn't be spreading it around,but not illegal.Just tacky.
View Details »

Q: Why the lawyer tells me to make up the amount of money to sue for? Do I or the lawyer suppose to?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Apr 24, 2017

Not quite.

She or he was trying to say that it's not a fixed amount. Ask for their advice.
View Details »

Q: Medical malpractice for Nevada Can a retired doctor still get sued even though he moved out of state?

1 Answer | Asked in Medical Malpractice for Nevada on
Answered on Apr 24, 2017

Yes, though you may have a statute of limitations issue. Contact a member of the Nevada Justice Assn who handles medical negligence ASAP, as Nevada requires a medical opinion within that time.NJA members give free consultations.
View Details »

Q: Can i have any right now to contact a lawyer

2 Answers | Asked in Medical Malpractice for Pennsylvania on
Answered on Apr 24, 2017

Certainly sounds like it. Give me a call and I can review your options in detail, suggest some good attorneys, who will take the case on a no-up front fee. . For the future if he needs care the Shriners have a great program for orthopedic injuries; I can discuss that option with you also..
View Details »

Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Answered on Apr 21, 2017

The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.
View Details »

Q: I had some surgery on my touge about year and half ago.I was told by him the surgeon that the feeling would come back,

1 Answer | Asked in Medical Malpractice for Vermont on
Answered on Apr 21, 2017

Talk to a member of the Vermont Assn for Justice--they give free consults.
View Details »

Q: Legal nurse consultant wants to attend med mal hearings in Western Washington. How do I find calendar of cases?

1 Answer | Asked in Medical Malpractice for Washington on
Answered on Apr 21, 2017

You would have to go to the court's trial list, look for cases against doctors or hospitals. Or you can contact attorneys that handle such cases and find out if they have any going to trial.
View Details »

Q: Is it illegal to resuscitate a person who has a valid DNR order signed by competent individual?

1 Answer | Asked in Personal Injury, Estate Planning, Health Care Law and Medical Malpractice for Oklahoma on
Answered on Apr 21, 2017

Not if in the judgement of the doctor it was medically appropriate. DNR doesn't mean don't do squat. It means if there is a situation where recussitation merely prolongs brain dead life (or other qualification) don't resucitate)
View Details »

Q: Hi. I caught my pediatric oral surgeon having an affair with my wife (Seattle, WA). I have damages. Can I sue?

1 Answer | Asked in Personal Injury and Medical Malpractice for Washington on
Answered on Apr 21, 2017

Contact a member of the Washington State Trial Lawyers Assn--there used to be a case for alienation of affections, for such cases. You won't get everything but worth looking at.
View Details »

Q: can you sue for doctor not knowing patient has a tongue tie? When patient has severe feeding issues?

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Apr 20, 2017

The question is whether this has caused some permanent damage to your son. If not, if the damage was restricted to the 5 weeks, then this is unlikely to be a viable medical malpractice case.
View Details »

Q: If someone who isn't your normal doctor makes a mistake can your own doctor be held responsible too even if they weren't

1 Answer | Asked in Medical Malpractice for New York on
Answered on Apr 17, 2017

I don't see how they could. Not sure why you would want to, either.
View Details »

Q: I was recently given the wrong prescription from my pharmacist. I took these pills for a month.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Apr 17, 2017

Unlikely unless there is other fallout you haven't mentioned. Discuss the issue with your doctor to make sure your step down is done properly. Save receipts, bottles, anything connected with this--bags it came in if that also had Rx information on it.
View Details »

Q: Is my case worth going to court for or suing this company to get my money back?

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.
View Details »

Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Answered on Apr 17, 2017

Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be malpractice to prescribe antibiotics to a pregnant woman as a precautionary measure.
View Details »

Q: A previous provider is using our clinic phone number to write prescriptions for her new practice. Is this legal?

1 Answer | Asked in Legal Malpractice, Employment Law, Health Care Law and Medical Malpractice for Texas on
Answered on Apr 17, 2017

Bad practice for the doctor. Generally, if the doctor not there you should direct them back to the doctor's phone number.

It may be a technical violation, but likely not criminal though possibly so as to prescriptions for certain medications.

Your attorney should be able to send her a cease and desist, though I would caution depending on her status, how she left may be volatile and you don't want to rush to get in her face.
View Details »

Q: can you sue a hospital for Anastomotic leak

1 Answer | Asked in Health Care Law and Medical Malpractice for Mississippi on
Answered on Apr 17, 2017

Depends what happened, how, and what the result is.

Contact a member of the Miss. Assn for Justice that handles medical cases--they give free consultations.
View Details »

Q: Are there legal remedies against medical facility with breech of records and neglige

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Answered on Apr 17, 2017

Generally no. If you can show there was in fact some definite use of the information by someone for identity theft you may have a claim.
View Details »

Q: I was told from STD clinic that I had no STDs same day emergency room said I did is that a lawsuit

1 Answer | Asked in Medical Malpractice for Texas on
Answered on Apr 17, 2017

Only if you were caused an injury by it. You probably need a retest to figure out whether you do or not; or have a specialist look at the two diagnoses.
View Details »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.