Get free answers to your Medical Malpractice legal questions from lawyers in your area.
Your current state is Ohio
My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More 
answered on Nov 15, 2024
So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More
If so, is this a small claims, I was not injured, except my symptoms lingered for a long time
answered on Nov 14, 2024
In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More
A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More
answered on Nov 12, 2024
The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More
I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was... View More
answered on Nov 12, 2024
A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More
I am seeking legal advice regarding an incident that occurred during a dental procedure. While a dentist was working on my tooth, the dental burr—a rotary tool used to cut and shape the tooth—fell off the handpiece and ended up in my throat. I started choking but eventually swallowed it.... View More
answered on Nov 10, 2024
A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. No one here can tell you to accept or decline an offer - that's a personal decision (also, the post does not include a figure). The most definitely way to answer your question... View More
Wife had a podiatric instrument break inside her foot and it stayed there for two days before they took it out. They want her to pay full cost 10K bill, including X-rays and ER visit related to pain.
answered on Nov 9, 2024
A Pennsylvania attorney could advise best, but your question remains open for two weeks, and the answer is fairly standard everywhere across the nation, subject to state-specific caps on damages. Yes, a successful lawsuit, whether through verdict or settlement, could provide damages beyond medical... View More
Excruciating pain for several weeks would there be a case against the hospital, radiologist and doctor?
answered on Nov 9, 2024
An Indiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the short answer is that these settings are fact-specific. It would depend on the severity of injury and level of misdiagnosis. The fundamental question would be... View More
I had Kaiser insurance which cost me over 2000.00 a month through march of 2023. Around April of 2024 I was diagnosed with prostate cancer and had to have a non sparing nerve surgery to remove my entire prostate. Now I have ED and ware diapers due to leaking. Kaiser should have caught this long... View More
answered on Nov 8, 2024
I'm sorry to hear about your experience. Based on your situation, you may have a potential medical malpractice case against Kaiser if there's evidence that they failed to diagnose your prostate cancer in a timely manner. This would require demonstrating that their delay directly led to... View More
During my hip replacement surgery, the surgeon damaged nerves, leading to a severe neuroma that has caused intense burning pain. This trauma, caused by the doctor, resulted in me losing my job, going to multiple doctors, undergoing numerous treatments, spending significant amounts of money, and in... View More
answered on Nov 8, 2024
You may have a case for medical malpractice due to the nerve damage and neuroma following your hip replacement surgery. While California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000, economic damages, such as medical bills and lost income, are not capped.... View More
I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More
answered on Nov 8, 2024
It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More
I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways
answered on Nov 8, 2024
In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.
Duty of Care: Show that a healthcare provider had a duty to... View More
I have had episode s of amnesia and in and out of consciousness,wondering off while at baseball game,not remembering what I ate a restaurant with boyfriend,gone unconscious while on jet horizon airlines thrown off airlines mask mandate I'm a professional hairstylist,lost in Seattle public bus... View More
answered on Nov 8, 2024
I'm sorry for your ordeal. It isn't fully clear what damages you are claiming here are. I hope you did not sustain injury, but if you did, the most logical starting point would be to try to set up a free initial consult with an attorney. An attorney would need to sort out some basics, in... View More
I have had episode s of amnesia and in and out of consciousness,wondering off while at baseball game,not remembering what I ate a restaurant with boyfriend,gone unconscious while on jet horizon airlines thrown off airlines mask mandate I'm a professional hairstylist,lost in Seattle public bus... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024
The legal issues that may be raised based on the provided text include potential claims of negligence, personal injury, and possibly medical malpractice. The episodes of amnesia, unconsciousness, and wandering off could be indicative of a serious medical condition that was not properly addressed or... View More
claimed it was non emergency. Is there any action I can take for this?
answered on Nov 8, 2024
A Mississippi attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Mississippi attorney, I don't think you have a case. Across the nation, for the type of setting you describe, nursing homes and hospitals generally require the family to... View More
Is this negligence? I called Medics after the Transit center didnt, I was abandoned by representative who was driving the paratransit buses. Once.medics arrived, they performed a series of test, I was then transported by ambulance in which I was hospital with symptoms of a stroke. The public... View More
answered on Nov 8, 2024
An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. It looks like you're basing your claim on a breakdown in the services of a public carrier, necessitating the need for EMT response?? It sounds like it would be a weak case. This is... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 11, 2024
Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/
That said, you cannot dictate to any medical provider how you should be treated -... View More
The radiologist put it’s a RAD 4 which means cancer I am just wondering
answered on Nov 6, 2024
A Michigan attorney could advise best, but your question remains open for a month. From a textbook standpoint, it could be - based on a delayed timeline for turning around a diagnostic imaging study. In terms of actuality, it would probably hinge on the opinions of medical professionals - the... View More
Two days later I had to go back to the ER, but I went to a different location. I then found out I had tendon damage and nerve damage and was referred to my orthopedic doctor. I ended up needing surgery due to the injury. Would it be considered misdiagnosis/malpractice from the first ER visit I went... View More
answered on Nov 6, 2024
To pursue a claim for medical negligence you must have an expert witness (an M.D. under the facts you have related) who can provide the opinion that the treatment provided by medical staff at the ER during your initial visit deviated from the standard of care applicable to them. Assuming that an... View More
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
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.
