Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: I am the Plaintiff in a civil matter where the opposing atty. is also my patient. Is this a conflict?
5 Answers
| Asked
in
Personal Injury, Medical Malpractice and Legal Malpractice
for
California
on
Answered on Oct 20, 2017
Answered on Oct 20, 2017
Dale S. Gribow's answer
the first thing to do is to disclose all of this to your attorney.
it would be a good idea to write down all the facts and share with your lawyer.
was it just a consultation or did he become your patient.
he is alleging you hit on him and that may be in dispute thus he would have to testify to that if it becomes an issue.
you could argue or have your atty make a motion to preclude his representation.
without all the facts it is hard to say what a court...
the first thing to do is to disclose all of this to your attorney.
it would be a good idea to write down all the facts and share with your lawyer.
was it just a consultation or did he become your patient.
he is alleging you hit on him and that may be in dispute thus he would have to testify to that if it becomes an issue.
you could argue or have your atty make a motion to preclude his representation.
without all the facts it is hard to say what a court...
Q: My son was on Ritalin from 5 yrs old until I took him off at 12 yrs old.is there a class action lawsuit ?
1 Answer
| Asked
in
Personal Injury and Medical Malpractice
for
Washington
on
Answered on Oct 18, 2017
Answered on Oct 18, 2017
Salim U. Shaikh's answer
You question need further elaboration and clarity. What class action lawsuit you like to follow?
You question need further elaboration and clarity. What class action lawsuit you like to follow?
Q: Hi, I'm wondering if I can sue the Orthopedic doctor who failed to diagnose and treat my ankle for bone marrow edema...
Stephen Douglas Lombardi's answer
Probably not. It appears your damages would be limited to pain, suffering and some additional discomfort. That's not enough to warrant spending the amount of money it would take to prove that medical malpractice occurred. This even assumes any did occur which I am not convinced did. In evaluating medical malpractice, the first step is always whether the case would be economically feasible if there is malpractice and your case does not meet this threshold requirement.
Probably not. It appears your damages would be limited to pain, suffering and some additional discomfort. That's not enough to warrant spending the amount of money it would take to prove that medical malpractice occurred. This even assumes any did occur which I am not convinced did. In evaluating medical malpractice, the first step is always whether the case would be economically feasible if there is malpractice and your case does not meet this threshold requirement.
Q: Can a fiance initiate a wrongful death suit for medical malpractice in LA?
Douglas Lee Bryan's answer
Not for his or her own claim; however, he or she may be able to pursue a claim as the natural tutor/tutrix of the decedent's child.
Not for his or her own claim; however, he or she may be able to pursue a claim as the natural tutor/tutrix of the decedent's child.
Q: If your doctor prescribes you a medications that is on your files that you are allergic to it and he is aware of it.
David Adams' answer
The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify the time and expense of a lawsuit. In any case, notifying the state board of hearing arts would be one way to document the failure of care, and put the licensing people on notice that there is a bad doctor out...
The doctor should be liable if they prescribe a medicine that you are known to be allergic to. The bigger question might become, "what are the extent of damages?" If the medicine did not cause a more serious medical event or problem, then it would likely be hard for a lawyer to justify the time and expense of a lawsuit. In any case, notifying the state board of hearing arts would be one way to document the failure of care, and put the licensing people on notice that there is a bad doctor out...
Q: Is it the doctor’s responsibility to inform that herpes test will not be included in a STD screening?
Salim U. Shaikh's answer
Your question is not clear as to a specific request for herpes test, which generally relate to "infections" and not "disease" In absence thereof, I do not see any lack of responsibility on the part of a doctor who generally list tests that determined effects of infections or diseases unless there was a specific necessity for.
You will be aware of that without disease symptoms one can have infection and more so no good screening test exists for herpes, a viral infection that can be...
Your question is not clear as to a specific request for herpes test, which generally relate to "infections" and not "disease" In absence thereof, I do not see any lack of responsibility on the part of a doctor who generally list tests that determined effects of infections or diseases unless there was a specific necessity for.
You will be aware of that without disease symptoms one can have infection and more so no good screening test exists for herpes, a viral infection that can be...
Q: I have been refused medical care repeatedly by Doctors and A Major Specialty Care Hospitals due to being on medical-cal
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Personal Injury
on
Answered on Oct 9, 2017
Answered on Oct 9, 2017
Q: Do we have a case?
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
South Carolina
on
Answered on Oct 9, 2017
Answered on Oct 9, 2017
Peter Munsing's answer
Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.
Contact a member of the SC Trial Lawyers Assn like Chuck Jacobson in Charleston,as they give free consultations.
Q: What are the laws in Maryland about getting ahold of my medical records -- can I get my wife to do it for me?
Cedulie Renee Laumann's answer
Medical records are private and protected by privacy laws but a patient can grant someone else written authority to get their medical records.
Medical records are private and protected by privacy laws but a patient can grant someone else written authority to get their medical records.
Q: Why can't I find a Lawyer in the 94063 area to take my case? To 4, I faxed, with detail, then EML in brief.
Louis George Fazzi's answer
Look up the county bar association for the county in which you reside and then find the phone number for their lawyer referral service. Then contact the lawyer referral service and explain your problem and see if they can find you a lawyer.
Look up the county bar association for the county in which you reside and then find the phone number for their lawyer referral service. Then contact the lawyer referral service and explain your problem and see if they can find you a lawyer.
Q: I had a lump removed and dr didnt follow treatment plan or explain why. Can i do anything?
Salim U. Shaikh's answer
Copy of medical record is your right.
Your first point re. treatment plan or explanation thereof falls under medical maltreatment. Consult with Attorney of your local jurisdiction.
Copy of medical record is your right.
Your first point re. treatment plan or explanation thereof falls under medical maltreatment. Consult with Attorney of your local jurisdiction.
Q: I had surgery and was given to many medications was sent into respiratory distress? Can I do anything about malpractice?
Salim U. Shaikh's answer
First depends on the nature of surgery and whether post-surgery carried normal or abnormal pain. Where there is an extended pain,. sedative treatment was to follow for the sake of patient. The question is who will determine over-dosing of pain-killer, etc. If you can prove and have minute by minute dosage quantity as administered by a doctor or nurse etc. versus the required dosage then you have a case for negligence in terms of over-dosage that cause your respiration effects of. Keep all...
First depends on the nature of surgery and whether post-surgery carried normal or abnormal pain. Where there is an extended pain,. sedative treatment was to follow for the sake of patient. The question is who will determine over-dosing of pain-killer, etc. If you can prove and have minute by minute dosage quantity as administered by a doctor or nurse etc. versus the required dosage then you have a case for negligence in terms of over-dosage that cause your respiration effects of. Keep all...
Q: Can I sue a rehab/ nursing facility for negligence?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Nursing Home Abuse
for
Alabama
on
Answered on Oct 2, 2017
Answered on Oct 2, 2017
Salim U. Shaikh's answer
Yes, a clear case of their negligence. Grab the day to day record of the center and see whether they did discuss her condition to a relevant doctor or not? If not, there is a clear lack of their knowledge and training to handle such situations. Appeared she hardly survived. Consult your local Attorney to sue them
Yes, a clear case of their negligence. Grab the day to day record of the center and see whether they did discuss her condition to a relevant doctor or not? If not, there is a clear lack of their knowledge and training to handle such situations. Appeared she hardly survived. Consult your local Attorney to sue them
Q: If my 16 ur old daughter was told she couldn't get pregnant after 7 days on nuva ring and given prescription with no pre
Salim U. Shaikh's answer
If correctly understand what you are asking, falls more under Negligence by lab or attending doctor provided test report were correct..
If correctly understand what you are asking, falls more under Negligence by lab or attending doctor provided test report were correct..
Q: ok so im looking into seeking counsel if possible. Wal mart pharmacy changed my prescription but neither my doctor
1 Answer
| Asked
in
Personal Injury, Products Liability, Medical Malpractice and Small Claims
for
California
on
Answered on Sep 28, 2017
Answered on Sep 28, 2017
Robert James Reynolds' answer
I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.
Your doctor is required to dispense medication in accordance with the standard of care that governs his or her area of medical practice.
A pharmacy is subject to the standard of care for pharmacies as well and needs to dispense medication in accordance with such standards. Experts will have to determine whether or not your care...
I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.
Your doctor is required to dispense medication in accordance with the standard of care that governs his or her area of medical practice.
A pharmacy is subject to the standard of care for pharmacies as well and needs to dispense medication in accordance with such standards. Experts will have to determine whether or not your care...
Q: Can I sue a doctor who repeatedly missed appointments with me causing an auto accident due to a stress blackout?
1 Answer
| Asked
in
Car Accidents, Personal Injury and Medical Malpractice
for
Florida
on
Answered on Sep 27, 2017
Answered on Sep 27, 2017
Andy Wayne Williamson's answer
No, the facts you state are not sufficient to allow a lawsuit against the doctor.
However, I am but one opinion. The best thing to do is to contact a personal injury attorney in your area to get a consult. Most firms who handle personal injury offer free consults.
No, the facts you state are not sufficient to allow a lawsuit against the doctor.
However, I am but one opinion. The best thing to do is to contact a personal injury attorney in your area to get a consult. Most firms who handle personal injury offer free consults.
Q: Can a medical provider release the plaintiff's medical records to a lawyer?
5 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Sep 23, 2017
Answered on Sep 23, 2017
Q: Hello, is there any data available anywhere regarding the scope of clinical research litigation numbers? Thanks.
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
New York
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Peter Munsing's answer
Not sure what you are looking for but your state's Trial Lawyers Association may have some data.
Not sure what you are looking for but your state's Trial Lawyers Association may have some data.
Q: I was diagnosed with a sprain after xrays was done and after 2 months I was sent to a specialist because of the pain
Peter Munsing's answer
Not unless it was something so clear on an x ray it couldn't have been seen. Assuming your limb didn't swell up significantly, it could have looked like a sprain, acted like a sprain, but wasn't . This is especially true of "occult" fractures which aren't magic, just very think and hide well in radiologic shaddows.
Not unless it was something so clear on an x ray it couldn't have been seen. Assuming your limb didn't swell up significantly, it could have looked like a sprain, acted like a sprain, but wasn't . This is especially true of "occult" fractures which aren't magic, just very think and hide well in radiologic shaddows.
Q: How is it possible to win a case against a doctor for failure to diagnose?
Peter Munsing's answer
If you took 100 doctors and related the facts and if 70% or more said their should have been a differential diagnosis including whatever it was, and that he should then have done tests to exclude it. Malpractice cases are very expensive and it's likely that there are problems with your case. However each attorney is different so call some and see what they think.
If you took 100 doctors and related the facts and if 70% or more said their should have been a differential diagnosis including whatever it was, and that he should then have done tests to exclude it. Malpractice cases are very expensive and it's likely that there are problems with your case. However each attorney is different so call some and see what they think.
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