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Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Rhode Island on
Q: How long does a doctor's office have to reply to my request for an appointment?
Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

This isn't a legal question; it's a personal decision. If you believe the delay is an indicator of a poorly run office, it could be a sign for you to look elsewhere for a doctor. If you believe the practice is run by a good doctor that everyone in town lines up to see, and that the delay is due to... Read more »

1 Answer | Asked in Medical Malpractice, Civil Rights and Health Care Law for Indiana on
Q: Does a jail have to get a prescription to put an inmate on a medication?

I was recently arrested and while being incarcerated the jail put me on a medication called Zyprexa without speaking to any medical staff or doctor. I don't have any prescriptions that I'm supposed to take. The medication they put me on caused extremely visual hallucinations. They gave me an... Read more »

James Avery
James Avery answered on Apr 2, 2020

You should not be forced to take medications, especially when they are not prescribed by a physician. This violates the 8th Amendment prohibition against cruel and unusual punishment.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Kentucky on
Q: Could I file medical malpractice

On 1-1-20 my dad fell and broke his neck, he was taken to uofl hospital in Louisville, KY. Drs and nurses were told my dad was allergic to dilauted pain medicine, it's also stated on paperwork from Shelby Co EMS. There's other things done inappropriately to my dad also. He passed away January 13,... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

You need to contact a member of the Ky. Trial Lawyers Assn in Louisville who handles malpractice. They give free consults. Without seeing the entire medical record they won't be able to tell you.

1 Answer | Asked in Medical Malpractice for California on
Q: Do i have a case worth fighting and where can i find a lawyer?

I went to a dentist to fill 9 cavities. I was put under a form of anesthesia using tranquilizers. This is used for people who are afraid of the dentist and its called sedation dentistry. While i was sedated, the dentist preformed a procedure where he drilled a hole in my tooth and inserted a metal... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 28, 2020

Where can you find a lawyer? You can find a California lawyer on this site, or through your own searches. Do you have a case worth fighting? It's difficult to say based only on these facts. Teeth can break during endodontic and other procedures. The fact that a tool fractured/shattered is not... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a hospital ?

I had my son May 28,2019 and it was hell of a day. I was schedule for my c-section at 7:30 am and when I went in I did everything they asked me to get ready for surgery. They lost my drug test they didn't have records on me ( But they called me the day before to confirm) So I could not have the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

Next time, find a different hospital.

It doesn't appear that you have been damaged monetarily by the hospital's mistakes.

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Texas on
Q: Can I bring legal action against a doctor that has not responded to seven requests for a prescription refill?

When I contacted the office her assistant told me the doctor has told her to "ignore" all requests for a refill from pharmacies. I have sent two texts and called twice. I am out of my meds at this point, all for hard to treat depression. I have been trying to get refills for two weeks.

Tim Akpinar
Tim Akpinar answered on Mar 26, 2020

This is a question best handled by a Texas attorney, but you await a response for four weeks. I'm sorry for your difficult situation. If the doctor is refusing to refill based on a medical reasoning in support of your best interests, that could provide them with justification. If they do not have a... Read more »

1 Answer | Asked in Medical Malpractice for Washington DC on
Q: Possible malpractice suit?

I have been under Invisalign treatment for two years now with 2 different dentists ($4500). When I started, I was told I was a great candidate. I had an underbite and a bad midline (still do). After a couple of months into treatment, my job transferred me, so I transferred my case to another... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

A Washington D.C. attorney would be best qualified to advise, but your post remains open for three weeks. As a general matter, it could depend on whether a jury felt that there was a breach of a duty of a medical/dental standard of care. It seems like it would be a complex and difficult case... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: I had the all on 4 dental procedure. A procedure that I was quoted should have taken 3 mos but took 9 .

I was also supposed to have been given a trial pair for 2 weeks to make sure everything was good . After getting impatient I was fired as a patient not given my trial pair and told never to darken the door again they are not right it has changed my facial features and I have a lisp where I'm not... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

This is something that a California attorney would be able to advise best on, but your post remains open for four weeks. This sounds like it will be a complex and difficult case, because it could possibly require a consultation with an independent dentist to assess the work performed on you. As a... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Will hospitals give privileges to doctor's who don't have medical malpractice insurance?
Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

It could depend on the arrangement the doctor has with the hospital and the role in which they work (employee, independent contractor, part of group practice, etc.) Some arrangements include reimbursement for premiums. Additionally, different states treat the issue differently. Good luck... Read more »

1 Answer | Asked in Medical Malpractice for Nevada on
Q: I was misdiagnosed by an ER. They said i had pleurisy when i had actually had a massive heart attack.

i suffered and got worse for months until a doctor finally figured out, from the ER's EKG that I had a heart attack, and major blockage. Do I have a negligence or malpractice case?

Tim Akpinar
Tim Akpinar answered on Mar 22, 2020

You could possibly have one. An attorney couldn't offer a definitive answer based on these brief facts alone. But what you describe is the legal theory of "failure to diagnose." As a starting point, you could contact a Nevada medical malpractice attorney to discuss the matter in further detail. If... Read more »

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph’s emergency room. with a swollen leg and in pain. They did an ultra sound to see if I had a blood c

Clot. I was told I didn’t have one. 3 days later with horrible pain. I went to my doctor. I was told St Joseph’s did the wrong ultra sound to find a blood clot. After an ultra sound at St Luke’s I did have a clot. I was sent to St Luke’s emergency room. Do I have a case against St Joseph hospital.

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

I'm sorry for your ordeal. It's difficult to answer your question based on these brief facts. You could consult with a Kansas med mal attorney who could request your medical records and review them with a medical professional. A jury is not going to go by, "they did the wrong ultrasound." They're... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Medical Malpractice for Colorado on
Q: Does a dentist have to tell you your condition , risk, & the alternatives to prevent your condition from worsening?

Does a dentist have to warn you about bone loss in your jaw, & that it’s going to get worse once your remaining teeth are pulled before pulling your teeth. & if there’s a preventative option that will prevent the further bone loss does he have to tell you that ?

Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

A Colorado attorney should advise you on this, but your post remains open for four weeks. You raise the doctrine of informed consent. Yes, you should be warned about the risks associated with any procedure. You could contact a Colorado attorney to discuss your matter and learn about the doctrine in... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Can you sue if a Technician ruptures your eardrum when your getting an MRI done?

My Mom went to go get an MRI done & the Technician shoved the earplug in her ear so hard that it ruptured her eardrum causing her to have to go to the ER straight from the MRI place.

Tobie Brina Waxman
Tobie Brina Waxman answered on Mar 17, 2020

Maybe. How do you prove that it was the force of the technician that caused the rupture? Do your mom's medical records reflect this?

1 Answer | Asked in Medical Malpractice for Kansas on
Q: I went to St Joseph emergency room with a swollen leg and in pain.

They did an ultra sound looking for a blood clot. I was told I didn’t have one. I went to my primary doctor three days later. The pain was getting worse by the day. I said it was a 7 if touched 10. When my doctor got the results from

St Josephs found out they did the wrong ultra sound to... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 12, 2020

There wasn't a question here, but your post remains open for three weeks. If you're wondering whether you have the grounds for a case, a good first step toward answering that question would be to contact a Kansas med mal attorney and discuss the matter in greater detail. If an attorney felt that... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: If I was informed by a doctor that I am infertile, can I sue if I get pregnant?
Tim Akpinar
Tim Akpinar answered on Mar 12, 2020

Based on the very brief facts, it seems like it could be a difficult case. But if you consulted with a California med mal attorney, they might be able to make a more meaningful assessment with additional information, in terms of how you formulated the element of damages, diligence of the doctor and... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Civil Litigation and Health Care Law for New Jersey on
Q: Do you handle medical malpractice cases
Tim Akpinar
Tim Akpinar answered on Mar 10, 2020

This isn't a law firm. It's a question and answer board. But you can find New Jersey lawyers who handle med mal cases. See the Find-a-Lawyer tab. Good luck

Tim Akpinar

1 Answer | Asked in Health Care Law and Medical Malpractice for Louisiana on
Q: If you are 9 weeks pregnant and the Dr prescribed you antibiotics that will harm your baby what can you do?
Tim Akpinar
Tim Akpinar answered on Mar 8, 2020

A lawyer shouldn't advise you here; a doctor should. You should express your concerns about the impact of such antibiotics on your baby to your doctor. And if your doctor's reasoning for prescribing such pills does not address your concerns, you could seek a second medical opinion. Good luck... Read more »

1 Answer | Asked in Medical Malpractice for Illinois on
Q: Medical related, is this a case?

High risk relative was in hospital for almost a month. Had right leg amputated from infection, but still wasn’t leaving hospital anytime soon. Was given drugs several times a day. At night he coded after being given drugs but wasn’t hooked up to any machines. (Don’t know why, he was on... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 8, 2020

It could be a case, but like all potential medical negligence cases in Illinois, the entire hospital and medical charts would have to be reviewed. A doctor practicing in the same or similar practice of medicine as those who may be negligent would have to be able to author a certificate of merit... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can a lawyer charge for getting medical records from a previous case?
Tim Akpinar
Tim Akpinar answered on Mar 7, 2020

A Pennsylvania attorney would be able to most accurately answer your question, as it could possibly involve state law. However, it remains open for two weeks. As a general premise, an attorney can charge for getting medical records if they are charged for them by a medical office or medical records... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for South Carolina on
Q: I hernitated my l4-l5 disc back in 2017 ended up doing a ton of pt and 2 minor 1 major back surgery later and I have

I injured my back at work in 2017 and had tons of pt I ended up having 2 minor and 1 major back surgery. I now have permanent severe nerve damage and constant pain. I have lost some use of my leg and have foot drop. I started out with a hernitated disc. I don't believe my lawyer is getting the... Read more »

Alton Lamar Martin Jr
Alton Lamar Martin Jr answered on Mar 6, 2020

I am sorry to hear about your difficulties. You should contact your attorney and have a very frank conversation. Let them know you are concerned about the legal representation you are receiving. Tell them that you are concerned about the amount of the recovery and the affect your injuries have... Read more »

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