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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for New York on
Q: Can I sue a hospital for medical malpractice with a pro bono lawyer to guide me through?

Because my case is complicated but the injuries are still there.

Tim Akpinar
Tim Akpinar answered on Sep 23, 2021

Medical malpractice attorneys in New York and other jurisdictions generally work on a contingency basis. You could reach out to med mal attorneys to discuss further. Most attorneys in this field offer free initial consults. If a law firm felt that your case had merit, they could request your... Read more »

1 Answer | Asked in Personal Injury, Appeals / Appellate Law and Medical Malpractice for California on
Q: IME Dr demanded that my friend take off his PPE as a condition of continuing his IME.

When he refused, Dr cancelled rest of IME. Defendants have issued evidence sanctions even though they have all of my friend's medical records and the nature of his injuries are not ones that would even be visible without any PPE. What are his options? Can he sue the IME Doctor for... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 21, 2021

MORE INFO NEEDED.

IF HE HAD AN IME EXAM, THE CASE IS IN LITIGATION AND HE SHOULD HAVE A LAWYER.

THAT IS THE PERSON THAT SHOULD ANSWER THE QUESTION AS S/HE HAS ALL THE INFO

YOU CAN ALWAYS SUE ANYONE AT ANY TIME.

THE ISSUE IS THAT LAWYERS WILL NOT TAKE THE CASE ON A...
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1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Rights and Legal Malpractice for California on
Q: EMT could not perform job detail and worsened my injury

after 2 calls to 911 and aprox. 25 min, 2 5 foot female EMT and one firefighter arrived. I live 5 blocks from firehouse. the ambulance came from another county two towns away. They never gave me medical attention on site. they pushed and nudged my shoulder to get up and walk to their gurney, which... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 21, 2021

Sorry to hear that your medical condition caused you pain. What you have is a potential "Governmental claim" and you should seek the assistance of a local Personal Injury attorney. You have a limited time to file a "Government claim form" against the agency that provided the EMTs.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury on
Q: This is regardingcommpensation for medical negligence at children’s hospital with my son

We were denied X-ray and told Ed was for emergency patients only as he had no fever. I told them he has lvl 3 autism and eats things other than food, had not eaten for over a month could hardly walk & was going grey. Next morning I took him to Chermside hospital as he was worse & also... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 20, 2021

I'm sorry for the ordeal your family has gone through here. However, if you are talking about Victoria, New South Wales, this forum might not be able to offer meaningful guidance. This is for basic questions involving U.S.-based matters.

Although you posted under med mal, your matter...
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1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I am looking for a lawyer that can help me with a problem with a Dr that did a surgery on my foot and messed it up

He also told us that the plate and the pins that he used did not work properly and he partially removed them. I spoke to one lawyer and he told me I did not have a case and recommended a different surgeon to fix my foot. I called another lawyer and spoke to her and she said that I definitely had a... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 17, 2021

A North Carolina attorney could advise best, but your question remains open for two weeks. You received two conflicting opinions as to the merits of your potential case. It is not uncommon for this to happen. However, your description does point out the fact that one of the firms does not handle... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for Wyoming on
Q: If my brother died by suicide while on probation and in treatment, can we sue them for emotional damages?

They exacted a warrant illegally on my parents house, took kids with no cause, and convicted my mom and brother. Even though my brother admitted to all in the house, they still charged my mom n convicted her under coersion.

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

This would be a tough case for a number of reasons dealing with proof, showing the cause was that and not an underlying issue. Suggest you contact the Wyoming Civil Liberties Union, ask for their prison rights group, ask them for the names of some of their "cooperating attorneys." Those... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: How can my daughter sue a hospital and doctors for malpractice?

My daughter had double jaw surgery . There wasn’t suppose to be no scars on her face after the surgery. She came to the Recovery room with a bruise on her chin. It looked as if something had cut her. I was told it would heal. Weeks later scab appeared and then a permanent scar . She also have... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 11, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. It would be difficult for any attorney to answer your question based on the description here. One option is to reach out to Georgia med mal attorneys. If an attorney felt that your daughter might have the basis for... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: My unmarried so died leaving a 2 year old. There will be a lawsuit

Who files lawsuit girlfriend or my son's parents

Kimberly Grant
Kimberly Grant answered on Sep 10, 2021

I am sorry for your loss.

The claim for wrongful death belongs to your grandson. An adult will need to bring the lawsuit on his behalf. That adult can be the girlfriend or the grandparents. Any money awarded from the lawsuit will be only for his benefit and everything must be approved by...
Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Texas on
Q: I first have to ask why? Tx will allow me 5 yrs to charge a man with robbing my house. But a doctor can

Overpump me with inducing meds till I rupture killing baby and I. Leaving broken parts inside causing terrible pain and years of torture and irreparable damage to my health though I have no clue for years later cause I’m no doc…….. how come I can only do something for two years ?????

Leroy Scott
Leroy Scott answered on Sep 8, 2021

The two-year period starts from the day you knew or should have known (if you had looked into your symptoms to see what was wrong) that the doctor had left something inside you, not from the date that the doctor actually left the parts in you. In other words, it is 2 years after you discovered that... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can You sue a medical office for long lasting painful side effects following an unrelated procedure?

Since December My Mother's arm has been unnable to function since She went in for an unrelated procedure and had Her veins forced open over and over again for hours because he brings were small and possibly dehydrated. Instead of rescheduling they tried to force Her veins open which was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 2, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. It would be difficult for any attorney to answer your question. It calls for a medical opinion. You could reach out to med mal attorneys in the Norfolk area. If they felt that your mother might have the basis for a... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Legal Malpractice for California on
Q: Doc refuses to reevaluate his previous diagnosis & ends up being wrong & now others are affected ,is it malpractice?

If a diagnosis of skin condition that is highly contagious won’t be tested for after 2x of asking the doctor to, be negligent or irresponsible?Family member confided that after uncle was diagnosed with skin thing she highly suspected another condition. Called doc left message, she emailed doc,... Read more »

Joel Gary Selik
Joel Gary Selik answered on Aug 29, 2021

Yes, it may be malpractice (must be confirmed by a competent medical doctor.

No matter what the doctor says and does now, the patient or patients need to see other doctors right away.

1 Answer | Asked in Personal Injury, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Utah on
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.

My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 22, 2021

A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: My attorney had me sign for a settlement of $300k on my smith and nephew hip recalls. Not enough.

2006 Birmingham hip resurfacing from Dr. xxx Rome, ga. 4 months later had to switch to full hip replacement. Smith and Nephew metal on metal. Bloodwork resulted in high levels of Chromium and cobalt poisoning. 2018 Dr. xxxx Erlanger hospital Chattanooga tn. put in third hip replacement. next year... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 10, 2021

A Tennessee attorney could advise best here, but your question remains open for four weeks. Actually, not just a Tennessee attorney, but your attorney is really the one who holds the answers here. This appears to be a very complex file that involves a number of medical providers, a medical device,... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated.... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I won a large amount of money 10+ years ago in a cilvil suit. The other side settled out of court.

just as we were at the court house and set to pick a jury. I NEVER GOT PAID.... My attorney 1st said, i had to wait for the appeals to all run out. Then he said the money just disappered. My Attorney is in the top 3 of the top 10 list of ethical Attorneys in the nation. He handles Billion dollar... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Aug 8, 2021

How in the world can there be a meaningful list of the most ethical attorneys in the nation? If your attorney failed to pay you then first contact the attorney and second you can file a bar complaint.

Why didn’t you take action 9 or 10 years ago? I suspect that there is more to the situation.

2 Answers | Asked in Civil Litigation, Legal Malpractice and Medical Malpractice for California on
Q: Does this expert opinion have any evidentiary value?

It is my opinion that Dr.D treated the patient within the standard of care at all times.Dr.properly and within the standard of care recommended and performed a series of injections in knee. Dr.D properly consented to the knee injections (but the informed consent form with the client's... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 8, 2021

A California attorney could advise best, but your question remains open for two weeks. As a general impression, I do not see it as being strongly persuasive. It uses the terms that arise in malpractice defense, such as standard of care. But some might see it as coming across as boilerplate-like in... Read more »

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1 Answer | Asked in Medical Malpractice for Delaware on
Q: i have a mal practice question regarding surgery i had on my foot

i had a surgery on my left foot.i went to a foot dr. (podiatrist) and told him i had numbness in 2 of my toes so he sent me for an exray went back he said he was still unsure so he sent me for a mri went back and he said i know what it is and that i would need surgery ok so i had surgery and in... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 6, 2021

A Delaware attorney could advise best, but your question remains open for five weeks. You could reach out to discuss with attorneys - the fact that you don't have money to hire an attorney is not generally a concern with med mal cases. They are usually handled on a contingency basis. In terms... Read more »

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