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Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Florida on
Q: Potential medmal claim due to hip replacement surgery.

Hello! Thank you for taking the time to read this. On 3-6-18 I had a hip replacement surgery. The surgery itself went perfect and like it was supposed to. When I was lifted off the OR table to be moved back into my hospital bed they moved me wrong and my hip implant moved up and out of place. Had... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

It would be best for a Florida attorney to advise you, but your post remains open for four weeks. The things you describe, such as gauze, antibiotics, and related care are something that a convalescing patient would need, malpractice or no malpractice. Those are nothing in comparison to follow-up... Read more »

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: here is our story can you help us? I believe we have a medical malpractice case.

We took our 14 year old daughter on June 26, 2020 to our local emergency Room Gerald Champion because she had swallowed a plastic water bottle lid our local emergency Room basically took x-rays told her she'd pass it if she hadn't already told her to take more fiber and more water and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal your daughter and your family went through. Despite what all of you went through due to the emergency room's original diagnosis, it could be difficult to bring a case based on... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Are there low cost lawyers to hire for a medical malpractice case for fees?

I am trying to hire a lawyer to represent of assist with a medical malpractice suit against Walgreens Company for failure to follow proper procedures violating my right to privacy and release of PHI, then retaliating during my cancer treatment and continuing

Maurice Mandel II
Maurice Mandel II answered on Jul 13, 2020

Many attorneys would take a case based on unlawful disclosure of your medical information on a contingent fee basis where you would not have to pay fees or costs upfront. It would be best if you would check the Californian Judicial Council form FW-001 to 003 to see if you qualify for fee waivers... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on
Q: how can I look for a lawyer had a surgery in September the doctor cut a muscle that was not supposed to be cut

so now I have accidents two other specialists have seen me and do not understand why that muscle was cut it is unrepairable

Tim Akpinar
Tim Akpinar answered on Jul 12, 2020

I'm sorry for your ordeal. You can look here on Justia in the Find-a-Lawyer section (the tab above to the left) under Indiana Medical Malpractice attorneys in the Fort Wayne area, or you could conduct your own independent searches on the Internet or other media. You could also look into the... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Are non-medical organizations bound by HIPPA law?

If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?

Maurice Mandel II
Maurice Mandel II answered on Jul 8, 2020

It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The... Read more »

1 Answer | Asked in Medical Malpractice on
Q: Hi, I recently underwent a medical procedure in which the result was a botched cosmetic result. How should I proceed?

The operation was an excision and liposuction recommended by a plastic surgeon. The resulting disfigurement are bilateral craters in my chest. These are visibly apparent, and a second opinion from a different surgeon comfirmed that the operation was botched.

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

How to proceed? A starting point could be to contact attorneys in the state where this took place. That isn't mentioned in the description. Most med mal attorneys offer free initial consults. If an attorney felt that you might have the basis for a viable case, they could request your records,... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Can I sue the dr who worked in the ER for ripping my retina open and making me blind in my left eye?

I went to the ER a couple years ago because the stitches in my left eye that I had from a corneal transplant came undone and my cornea was barely hanging on my eyeball. The dr in the ER refused to give me any pain medication until after they were positive I wasn't pregnant. However the nurse... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Would make an interesting Law Exam question. The first issue you raise is whether you can still bring any kind of case on a Professional Negligence claim because this happened "a couple of years ago." You need to discuss all of your facts with a Medical Malpractice attorney in your area.... Read more »

1 Answer | Asked in Medical Malpractice and Family Law for Puerto Rico on
Q: My son recently diagnosed with schizophrenia. He is 24. He lived in PR on his own since Jan 2016.

He had been evicted from two apts. Has no family to look out for him in PR. As the Mother I recently went to PR to file a petition to remove him from the apt. He was put in a psychiatric hospital for 1 week and was supposed to cone home to NY with me. After being released he did not want to take... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 5, 2020

This question is not a NY question. Since your son is in PR he is subject to the law of PR not NY. You need to speak with an attorney in PR to see what if anything can be done.

1 Answer | Asked in Medical Malpractice for Washington on
Q: After winning a lawsuit is it normal procedure for the settlement payout to take up to two years before paid

I won a lawsuit and have already filled out noterized and sent back all paperwork to recieve my payment. However after waiting for about 3 months with no check sent to me. I called my lawyer asking where is my payment. I was told I wouldn't be receiving my payment until probably next year in... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 3, 2020

Since you have a Washington attorney already representing you on this matter, they can best advise as to the reason for the 2021 timetable. But your post remains open for three weeks. A GENERAL factor that could cause delays in payment of med mal awards is liens. That means there could be parties... Read more »

2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Q: What does this mean in a settlement

The Consumer Settlement reached between California and Teva, which provides for monetary compensation to California’s Eligible Consumers in the amount of $25,2500,000 and injunctive relief through February 21, 2029, in exchange for, inter alia, the release and dismissal with prejudice of all... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 2, 2020

It means:

The math must be wrong, as no such number exists: $25,2500,000

AND it means IF you are a proposed member of the class, you MUST

reach out to the class counsel asap for direction...

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2 Answers | Asked in Medical Malpractice and Personal Injury for Ohio on
Q: i need a personal injury lawyer in scioto county in ohio can u help
Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

You await a response for a week, but this isn't really an attorney referral service. It's only a Q & A Board. You could avoid losing further time by seeking out an attorney on your own. You could use the resources of this site, or you could conduct independent searches online. Good... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice on
Q: can i sue company for not having pretrial information that I requested and had to file without?Case was dismissed

I was led to believe the insurance company that insures the Dr I was suing was performing the pretrial she asked for signed consent forms etc she was investigaing as far as I knew , so when the time came to file I asked and she never responded so I filed to hopefully save my timing to file.... Read more »

Tyler Young
Tyler Young answered on Jun 29, 2020

It appears your case originates in Georgia and you should ask a GA attorney your question. My response is based on Utah law, but most states do something similar to Utah. I'm also unclear as to the posture (or procedural stance) of your case so I'm making some assumptions in my answer.... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Sexual Harassment for Indiana on
Q: My family dr wellness checkup asthma checkup nurse steps out he ask me disrobe sticks speculum inside me then his two

Fingers. He knew two years prior planned parenthood did paps since 13 yr. also I check at age 40 paps are done 3-5 yrs he knew I had one yr before so he intentionally sexual misconduct. I reported it to nurse on other side building 4 days later also MHS case manager and dr that had me report to... Read more »

James Avery
James Avery answered on Jun 27, 2020

A sexual assault which should be reported to the local police or Sheriff office. Send certified letter with all the details of they won’t take your statement. Get therapy through Victims Assistance if you can not afford it.

1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Medical Malpractice for California on
Q: How can I get my constitutional rights and human rights restored after being removed by overzealous retaliatory actions

I am unable to get unmonitored cellular,cable or DSL service. My electronic communications and photos are censored and even my web hosting and DNS service is "reprovisioned" and redirected. I'm refused paramedic treatment and treatment at my regional trauma center. (I was called a... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 26, 2020

You need to contact a good civil rights attorney immediately. If this has been happening for such a long period of time, you will have to explain why you have not taken this step long ago. It just may be that the statute of limitations, which sets out the time within you must act on your own... Read more »

1 Answer | Asked in Medical Malpractice for Utah on
Q: My primary care physician did a drug screen or test without my consent I'm 52 is this legal
Tim Akpinar
Tim Akpinar answered on Jun 26, 2020

A Utah attorney could advise best, as this is something that could be governed by state health care and privacy laws. But you await an answer for four weeks. As a general matter, without regard to jurisdiction, it could depend on the terms in any kind of informed consent documents you signed, the... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: I was prescribed Ativan (Lorazepam) for 3 years. This drug is for short term use. I was found in my home unresponsive.

I ended up in two separate mental health facilities. I was hit in the head by another patient at the second facility. A police report was filed, although I never got the opportunity to speak with the police. My husband had to threaten to contact the news to be able to see me. I want to sue the... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 24, 2020

I'm sorry for your ordeal. This is something that a North Carolina attorney could advise best on, but your post remains open for two weeks. A first step here might be to reach out to an attorney to discuss the matter in detail. If they felt you might have a good basis for a case(s), they could... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: Hello, my new dentist took out a crown and said I needed a root canal retreat and ordered a new crown.

I saw the doctor that does root canals after and he said it was actually the tooth next to it that was infected and the one she took the crown off doesn’t need a retreat. I prepaid for that new crown and I am going to get it put on Friday and plan to ask for a refund because she made a mistake. I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 24, 2020

You can sue the dentist for dental malpractice, in small claims, but there are 2 things that you MUST do:

1. You must send a letter (Certified, RRR) to the dentist advising what you intend to do and stating the amount of your demand (don't forget pain and suffering damages) at least...
Read more »

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I sue the birth control company Nexplanon for emotional distress?

It does not state anywhere in the warning that the birth control could lower my hormone levels greatly after removal. After testing, doctors were convinced that I was infertile and guaranteed me that the birth control could not lower my levels to a point that makes it seem infertile. They said it... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

A California attorney could best advise, but your post remains open for three weeks. I'm sorry for your ordeal. What you describe could be more a product liability case than a med mal case. A med mal cause of action would be based more on a breach of a medical duty of care, while a... Read more »

2 Answers | Asked in Medical Malpractice for Ohio on
Q: Do I have a medical malpractice suit

I had carpal tunnel, pronators syndrome and cubical tunnel. I still don’t have feeling in my elbow, forearm, parts of my hand and first finger tip. The dr told me he wasn’t sure why and would not investigate he also said one of my nerves they did the nerve block in is damaged, I also have high... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 20, 2020

An Ohio attorney could advise best, but your post remains open for two weeks. Until you are able to consult with a local attorney, based on these brief facts, there doesn't appear to be a strong basis for a medical malpractice case here. It looks like you sought an evaluation by a medical... Read more »

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