Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: State of CA - Family member has medical records of a deceased, can he share those with a patient advocacy org.?
2 Answers
| Asked
in
Family Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jun 23, 2017
Answered on Jun 23, 2017
William John Light's answer
The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the records would, therefore, have to have the right to waive the HIPAA rights. That right would belong to the heirs by right of intestate succession. Those rules are described here:...
The HIPAA Privacy Rule applies to the individually identifiable health information of a decedent for 50 years following the date of death of the individual. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/health-information-of-deceased-individuals/index.html. The person releasing the records would, therefore, have to have the right to waive the HIPAA rights. That right would belong to the heirs by right of intestate succession. Those rules are described here:...
Q: Sue my dentist for malpractice
Ali Ebrahimzadeh, Esq.'s answer
It depends on whether the dentist acted negligently - whether she breached the standard of care. Expert dentist opinions should be acquired as evidence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
It depends on whether the dentist acted negligently - whether she breached the standard of care. Expert dentist opinions should be acquired as evidence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the...
Q: What can be done about Veterinary Malpractice?
1 Answer
| Asked
in
Legal Malpractice, Medical Malpractice and Wrongful Death
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Peter Munsing's answer
Looks like you would have had to spend that anyway. So the difference is the 465? Not worth going to small claims for that as in a back and forth with the doctor on one side the doctor may well win.
Looks like you would have had to spend that anyway. So the difference is the 465? Not worth going to small claims for that as in a back and forth with the doctor on one side the doctor may well win.
Q: car accident three different hospitals and primary 3rd hospital caught the fractured spine three weeks later
2 Answers
| Asked
in
Car Accidents, Personal Injury and Medical Malpractice
for
Florida
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Andy Wayne Williamson's answer
I can't say if your daughter has a case or not but I strongly suggest that you consult with a medical malpractice attorney in your area to see if there is a case.
Medical malpractice cases can be difficult and expensive to bring and the medical malpractice attorney puts up the cost to bring the case initially so thay are usually very cautious on which cases to accept. But get your daughters case evaluated.
I can't say if your daughter has a case or not but I strongly suggest that you consult with a medical malpractice attorney in your area to see if there is a case.
Medical malpractice cases can be difficult and expensive to bring and the medical malpractice attorney puts up the cost to bring the case initially so thay are usually very cautious on which cases to accept. But get your daughters case evaluated.
Q: I am filing malpractice lawsuit that resulted in death of a parent it is being filed on my behalf do I have to give to
2 Answers
| Asked
in
Medical Malpractice and Personal Injury
for
Tennessee
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Mr. James Charles Wright's answer
Medical negligence cases are very difficult to file without a lawyer. There are a lot of procedural requirements. That is a caution to you. Consult, call a lawyer that does medical negligence cases.
To your question- there is astatute dealing with who can bring an action for wrongful death. If your other parent is still living this parent would have a right to file. Also, there is a statute relating to whose benefit a recovery would go. And your brother would likely be entitled to part...
Medical negligence cases are very difficult to file without a lawyer. There are a lot of procedural requirements. That is a caution to you. Consult, call a lawyer that does medical negligence cases.
To your question- there is astatute dealing with who can bring an action for wrongful death. If your other parent is still living this parent would have a right to file. Also, there is a statute relating to whose benefit a recovery would go. And your brother would likely be entitled to part...
Q: i believe i have a very good case here if you can get a hold of me so i can tell want went on and wants going on now..
Peter Munsing's answer
Suggest you contact a member of the Trial Lawyers Assn that handles medical cases, from whatever state this happened in--they give free consultations.
Suggest you contact a member of the Trial Lawyers Assn that handles medical cases, from whatever state this happened in--they give free consultations.
Q: Is a doctor morally and ethically responsible for removing a device that was surgically implanted in a patients back?
Peter Munsing's answer
morally and ethically only if they are free of reservations--you can't force a doctors opinions and I'm hearing this one believes that removal could cause paralysis. Suggest you look to the Johnson Foundation on the medical /ethical issues.
morally and ethically only if they are free of reservations--you can't force a doctors opinions and I'm hearing this one believes that removal could cause paralysis. Suggest you look to the Johnson Foundation on the medical /ethical issues.
Q: I live in ohio,went to a neurologist for pain for 7 yrs. He dischgd me and I can't get care w/other physicians. My drug
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Ohio
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Peter Munsing's answer
Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.
Don't know if your state has a medical ombudsman. You can file a complaint with the state medical board to get your licenses. Assuming you have a personal physician, ask her or him if they can get some feedback. But a doctor can't be compelled to treat someone.
Q: My fiancé had a routine surgery at her allergist thursday... they ended up breaking hey nose during her procedure.
Ali Ebrahimzadeh, Esq.'s answer
She can file for medical negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
She can file for medical negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
Q: Is there such a thing as profiling by pharmacist?
2 Answers
| Asked
in
Health Care Law and Medical Malpractice
for
New York
on
Answered on Jun 20, 2017
Answered on Jun 20, 2017
Ali Ebrahimzadeh, Esq.'s answer
It depends on why they're refusing to fill the prescription. Is there a prescription for a refill from your doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
It depends on why they're refusing to fill the prescription. Is there a prescription for a refill from your doctor? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
Q: If you had surgery and later find out they left something in you and are getting infections should i sew
Peter Munsing's answer
You have a claim. What it is, how good it is is hard to tell.
We provide free consults so you can have an opinion or at least a specialist referral. Call us or another member of the Pennsylvania Assn for Justice today.
You have a claim. What it is, how good it is is hard to tell.
We provide free consults so you can have an opinion or at least a specialist referral. Call us or another member of the Pennsylvania Assn for Justice today.
Q: Can you get a ticket after a accident ?
Peter Munsing's answer
Possible but unlikely. If you do plead not guilty.
However, possible one of the others may be responsible for your damages. Why not contact a member of the Va. Trial Lawyers Assn? They give free consults.
Possible but unlikely. If you do plead not guilty.
However, possible one of the others may be responsible for your damages. Why not contact a member of the Va. Trial Lawyers Assn? They give free consults.
Q: I was diagnosed with stage 1 throat cancer. Received radiation treatment and it blew my vocal box and chords up.
Peter Munsing's answer
Why not contact a member of the Florida Assn for Justice who handles medical cases? They give free consultations.
Why not contact a member of the Florida Assn for Justice who handles medical cases? They give free consultations.
Q: if I had hernia mesh surgery and am now having pain and swelling what should I do
Peter Munsing's answer
Get the test. Check my answer to your other question. Members of the Tennessee Assn for Justice give free consults.
Get the test. Check my answer to your other question. Members of the Tennessee Assn for Justice give free consults.
Q: I had hernia mesh surgery and am having lots of pain swelling the same symptoms as before do what info do I need to file
1 Answer
| Asked
in
Medical Malpractice and Products Liability
for
Tennessee
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
A lawyer can't give medical opinions. You need to follow up with the surgeon and/or your internists. You may have a case if the mesh is the problem. First find out what your problem is. Generally statute of limitations is one year if surgery in Tennessee. As to the case against the manufacturer. Contact a member of the Tennessee Assn for Justice who handles medical products cases.
A lawyer can't give medical opinions. You need to follow up with the surgeon and/or your internists. You may have a case if the mesh is the problem. First find out what your problem is. Generally statute of limitations is one year if surgery in Tennessee. As to the case against the manufacturer. Contact a member of the Tennessee Assn for Justice who handles medical products cases.
Q: What does it mean to "practice medicine w/o license"? Can I take a pulse? Blood pressure? Bandage? Pass (stroke) test
Peter Munsing's answer
Why not volunteer with a fire department and see? Basically, a person coming on the scene should notify authorities and then act within their capabilities. Do you have 1st Aid & Advanced first Aid certification from the Red Cross? Then don't assume having seen you tube videos you can do anything more than apply compression to wounds, be a calming voice, you may provide CPR IF YOU KNOW HOW AND HAVE BEEN TRAINED.
You are concerned--extend that concern to training.
Why not volunteer with a fire department and see? Basically, a person coming on the scene should notify authorities and then act within their capabilities. Do you have 1st Aid & Advanced first Aid certification from the Red Cross? Then don't assume having seen you tube videos you can do anything more than apply compression to wounds, be a calming voice, you may provide CPR IF YOU KNOW HOW AND HAVE BEEN TRAINED.
You are concerned--extend that concern to training.
Q: Question regarding medical malpractice.
Peter Munsing's answer
Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?
Why not contact a member of the W.Va. Trial Lawyers Assn that hanldes medical cases--they give free cosults.
Unlikely you do but the estate may. As to the hearing aid issue, I don't see legal liability (which is different from moral responsibility). If the family didn't see it should the hospital? If the family saw it they could have replaced it?
Why not contact a member of the W.Va. Trial Lawyers Assn that hanldes medical cases--they give free cosults.
Q: I was 5150 Ds, Do & GD w/o any prob,history, and was 5152 w/o the pre admin assessement req by W&i. Can I sue w proof
1 Answer
| Asked
in
Personal Injury, Medical Malpractice, Civil Rights and Health Care Law
for
California
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
Suggest you contact the California Civil Liberties Union and get the names of their "cooperating attorneys" who work on involuntary commitment issues. They give free consults. Generally, answer would be no from your description.
Suggest you contact the California Civil Liberties Union and get the names of their "cooperating attorneys" who work on involuntary commitment issues. They give free consults. Generally, answer would be no from your description.
Q: Can an employee be held accountable for negligence in a restaurant or hotel?What about malpractice in this field?
1 Answer
| Asked
in
Employment Law, Medical Malpractice and Personal Injury
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Peter Munsing's answer
You haven't given enough facts. Suggest you contact a member of the Trial Lawyer's Association for the state where the hotel was located/where you were injured.
You haven't given enough facts. Suggest you contact a member of the Trial Lawyer's Association for the state where the hotel was located/where you were injured.
Q: Legal advice: i went to the ER and upon my discharge the doctor gave me a different prescription.
Peter Munsing's answer
Unlikely but as members of the Texas Trial Lawyers Assn give free consultations why not get one?
Unlikely but as members of the Texas Trial Lawyers Assn give free consultations why not get one?
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