H. Scott Aalsberg Esq.'s answer Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.
Thomas Neary's answer It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.
Timur Akpinar's answer I do not practice in Illinois but your question remains open for three weeks. They are similar in that they both apply the concept of negligence. Medical malpractice law applies it in the realm of medical services while other areas of law apply it in more general settings, such as auto accidents, slip and fall accidents, etc. The underlying concept common to both areas of practice is the existence of a duty, a breach of that duty, injuries/damages, and a causal connection between the breach of...
Timur Akpinar's answer I do not practice in Florida but your question has not been picked up in four weeks. Arbitration is an accepted forum for medical malpractice cases and is used in Florida. A Florida medical malpractice attorney could give you more meaningful guidance on this subject specific to your state, but as a general rule and depending on the state and forum, both attorneys and medical professionals are used in such arbitrations.
Timur Akpinar's answer I do not practice in Maryland but your question remains open for four weeks. The underlying concept is essentially the same. It is based upon the existence of a duty, a breach of that duty, injuries/damages, and a causal link between the breach of duty and ensuing injuries. Medical malpractice can involve other legal theories as well.
T. J. Jesky's answer First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus' heart beat. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...
Mark Oakley's answer The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have complications and high damages resulting from the object and it’s removal, the cost and effort to pursue a malpractice claim may not be worth it.
Peter Munsing's answer If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.
Steve McCann's answer This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney individually for a consultation so you can obtain a comprehensive evaluation.
J. Grady Hepworth's answer In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are treated as "product liability" cases. However, if you are asking for the purposes of finding an attorney to help you with a case, many lawyers who accept "medical malpractice" cases are also willing to pursue pharmaceutical negligence cases....
Arthur Calderon's answer I would highly recommend that you reach out to a personal injury/medical malpractice as soon as you are able, as there is a time element involved in this. Whether or not you have a case depends on several factors. Regardless, feel free to reach out to any attorney on this forum by clicking the attorney's name.
Peter Munsing's answer Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.
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