Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Personal Injury
for
Florida
on
Answered on Sep 18, 2018
Answered on Sep 18, 2018
Timur Akpinar's answer
I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...
I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...
Q: Hello, I was going through an oral surgery and then I woke up. I felt a lot of pain.
Timur Akpinar's answer
I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that breach of duty, and a causality (or connection) between the breach of duty and ensuing injuries/damages. To learn more about your rights here, you could consult with an attorney who handles medical...
I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that breach of duty, and a causality (or connection) between the breach of duty and ensuing injuries/damages. To learn more about your rights here, you could consult with an attorney who handles medical...
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter Munsing's answer
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
Q: A new podiatrist just told me that a surgery performed in 2002 was not the full needed procedure, now I need major surg
Peter Munsing's answer
Generally, that is too far away for the discovery rule but I could be wrong--suggest you contact Mike Koskoff and see what his office says--have your dates ready, what happened when. They give free consults. Feel free to use my name.
Generally, that is too far away for the discovery rule but I could be wrong--suggest you contact Mike Koskoff and see what his office says--have your dates ready, what happened when. They give free consults. Feel free to use my name.
Q: Kaiser is trying to cover up for a surgeon who didn't show up for a scheduled surgery
Peter Munsing's answer
Contact a member of CAOC who handles medical claims. They give free consults. Don't be surprised if they say the damages do not warrant their involvement. The facts don't tell me there is a violation of their duty that warrants a claim. They aren't required to do separable surgeries on the same day.
Contact a member of CAOC who handles medical claims. They give free consults. Don't be surprised if they say the damages do not warrant their involvement. The facts don't tell me there is a violation of their duty that warrants a claim. They aren't required to do separable surgeries on the same day.
Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?
2 Answers
| Asked
in
Civil Litigation, Elder Law and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter Munsing's answer
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
Q: I never received one phone call form my attorney without me initiating it in an appointment. He hurt my case badly
Peter Munsing's answer
If your case is concluded then you may have a malpractice case and should seek an attorney who handleslegal malpractice.
If your case is concluded then you may have a malpractice case and should seek an attorney who handleslegal malpractice.
Q: Need advice on signing an agreement to split the benefits of a buyout of a medical malpractice provider I used
3 Answers
| Asked
in
Business Law, Employment Law and Medical Malpractice
for
New York
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Michael David Siegel's answer
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?
Sounds like a scam. Berkshire Hathaway is a public company. Why would you get money from a buyout?
Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?
1 Answer
| Asked
in
Elder Law, Health Care Law, Medical Malpractice and Wrongful Death
for
Pennsylvania
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Peter Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.
No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.
No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...
Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?
1 Answer
| Asked
in
Animal / Dog Law, Medical Malpractice and Wrongful Death
for
New Mexico
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Peter Munsing's answer
A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys
A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys
Q: My husband died, they declared him dead at 9:45AMFuneral home did not pick him up until 6:15 PM. Horrifying. Can I sue?
2 Answers
| Asked
in
Elder Law, Civil Rights and Medical Malpractice
for
Oregon
on
Answered on Sep 10, 2018
Answered on Sep 10, 2018
Gary Kollin's answer
Any operson can always sue.
What are the damages?
What are the resons they did not come sooner?
Could you have called a different funeral home?
Who called and when?
Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?
Any operson can always sue.
What are the damages?
What are the resons they did not come sooner?
Could you have called a different funeral home?
Who called and when?
Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?
Q: Is it considered medical malpractice if a doctor gave my records to my husband but i didn't want him to?
T. J. Jesky's answer
Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.
That being said, a doctor may discuss a patient's condition with family, relatives, and friends that the patient identifies as being involved in their healthcare (unless the patient objects). And, if a doctor thinks their patient's mental state...
Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.
That being said, a doctor may discuss a patient's condition with family, relatives, and friends that the patient identifies as being involved in their healthcare (unless the patient objects). And, if a doctor thinks their patient's mental state...
Q: If I got a settlement, would I still be able to post a review of the doctor online,
Ronald V. Miller Jr.'s answer
It would depend on the terms of the settlement agreement, specifically the confidentiality portion.
It would depend on the terms of the settlement agreement, specifically the confidentiality portion.
Q: Can I pursue a case with the Supreme court on a dental organization that refused to complete work on me?
Peter Briskin's answer
Any malpractice claim needs to be fully investigated before filing in court. The question becomes “was there anything the doctor did or didn't do that departed from the standard of care". If an individual files suit "pro se" there is no requirement to satisfy the certificate of merit statute. If an attorney files a malpractice suit the certificate of merit becomes a requirement.
NY Medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent...
Any malpractice claim needs to be fully investigated before filing in court. The question becomes “was there anything the doctor did or didn't do that departed from the standard of care". If an individual files suit "pro se" there is no requirement to satisfy the certificate of merit statute. If an attorney files a malpractice suit the certificate of merit becomes a requirement.
NY Medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent...
Q: Will my medical insurance cover my costs if I am a victim of medical malpractice?
Mark Oakley's answer
Health insurance is supposed to cover the costs of whatever medical care you need, regardless of the cause. It does not provide damages for pain and suffering, permanent impairment, loss of income, etc., caused by medical malpractice. Those types of damages are what malpractice claims are for, and are paid by the doctor's medical malpractice insurer.
Health insurance is supposed to cover the costs of whatever medical care you need, regardless of the cause. It does not provide damages for pain and suffering, permanent impairment, loss of income, etc., caused by medical malpractice. Those types of damages are what malpractice claims are for, and are paid by the doctor's medical malpractice insurer.
Q: How much time do you have to sue after a botched surgery?
Robert D. Kreisman's answer
In Illinois the statute of limitations for negligence matters is two years.
In Illinois the statute of limitations for negligence matters is two years.
Q: HOW CAN I STOP A MEDICAL FACILITY FROM STARVING MY DISABLE BROTHER
3 Answers
| Asked
in
Civil Rights, Constitutional Law, Medical Malpractice and Personal Injury
for
California
on
Answered on Aug 16, 2018
Answered on Aug 16, 2018
Louis George Fazzi's answer
Call your local county bar association's legal referral telephone line, explain the issue and they will refer you to someone who can step in and fight for his civil rights. Obviously, time is of the essence, so do this right away! You can always Google civil rights lawyers in your local area and start calling lawyers until you get someone to assist you. Either way, you should do either or both of these things right away!
Call your local county bar association's legal referral telephone line, explain the issue and they will refer you to someone who can step in and fight for his civil rights. Obviously, time is of the essence, so do this right away! You can always Google civil rights lawyers in your local area and start calling lawyers until you get someone to assist you. Either way, you should do either or both of these things right away!
Q: Is this not a classic, text book case of patient abandonment at a most crucial moment?
3 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Aug 13, 2018
Answered on Aug 13, 2018
Thomas A. Grossman's answer
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
Q: How do you sue someone's estate?
Terrence H Thorgaard's answer
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.
And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.
And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
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