Medical Malpractice Questions & Answers

Q: My mother has a CC Pers Injury-Malpractice case that was started in June 2016 but a trial date scheduled for Dec 2018.

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Answered on Dec 13, 2017

Ref your question. As described, please consult your Attorney to make request to the relevant court for early hearing of the pending suit.
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Q: I got food poisoning while on a special diet in a hospital - does that constitute medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Dec 12, 2017

Presuming a breach of the standard of care, this is probably medical malpractice. Any smart lawyer bringing this claim would bring it as a medical malpractice claim.
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Q: My elderly father lost 8 pounds in 7 days while he was recovering from a feeding tube surgery and died.

1 Answer | Asked in Medical Malpractice for California on
Answered on Dec 9, 2017

This sounds like a claim based on Elder Abuse (aka dependent adult abuse). What was the stated cause of death?
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Q: I live in Louisiana, do I have to use a faulty medical device attorney in Louisiana?

1 Answer | Asked in Medical Malpractice and Products Liability for Louisiana on
Answered on Dec 8, 2017

Did you go through the La. Assn for Justice and ask if there were medical products attorneys? There used to be a number. Try those. If they say no, let me know. You can have outside cousnsel but then they'd want local counsel in many cases.
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Q: After switching doctors and then coming back 1-2 years later, are the forms/contracts I signed initially still valid?

1 Answer | Asked in Contracts, Medical Malpractice, Small Claims and Health Care Law for New Jersey on
Answered on Dec 7, 2017

Call State Board of Medical Examiners. William Roeder

Executive Director

Board of Medical Examiners

P.O. Box 183

Trenton, New Jersey 08625

Tel No. (609) 826-7100

They should be able to fix your problem.
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Q: My daughter was diagnosed with RP at 8 and lost her vision. But continued on like a Boss.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Tennessee on
Answered on Dec 7, 2017

Generally they wouldn't do the tests because the treatment would likely be the same. However to give yourself closure --and as I may be wrong--contact members of the Tennessee Assn for Justice--they give free consultations. A grief counselor may help you process your natural but very heavy feelings.
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Q: I have a very large, ugly scar on my wrist as the result of a wart removal and subsequent staph infection.

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on Dec 7, 2017

You might have a claim for the scarring. Call a local medical malpractice attorney and discuss the details to see what options you have. Basically, if the dermatologist did anything wrong and that caused the scar, you definitely have a claim. Generally, there is a 2 year statute of limitations in Florida for medical malpractice claims. Best of luck to you.

Please be advised that these communications do not create an attorney-client relationship, that matters have state-specific...
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Q: Can the doctor fine me a 24-hr cancellation fee for an appointment their office mistakenly cancelled within 24 hours?

1 Answer | Asked in Contracts, Medical Malpractice and Small Claims for New Jersey on
Answered on Dec 6, 2017

You have a good argument on your side, but a lawyer would need to see your original signed cancellation agreement to know what your rights are, plus the zocdoc policy. This review would probably cost more than just paying the $100 fee to the doctor.
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Q: No one wants to take my medical malpractice case because it didn't end in death or severe damage.

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Dec 4, 2017

They don't want to take the case because courts usually subscribe to the maxim "no harm, no foul".
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Q: Can I file malpractice after 6 years in PA?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Dec 4, 2017

Unlikely but you should have the case reviewed by a member of the Pa. Assn for Justice who handles malpractice. If you need the names of some in your area let me know.
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Q: After a total hip replacement, doctor ordered but then cancelled my PT. I have not had any, should I pursue this?

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Michigan on
Answered on Nov 30, 2017

I'd talk to the doctors assistant, explain that the doctor indicated you'd be getting PT but you haven't heard back and you wonder as you still have problems if you'll be getting PT or what.

Or make an appointment with your GP, explain what happened, ask if that's usual, and chances are they'll follow up.

It's early to follow up with a doctor as when and how much PT to prescribe is variable. Sounds like sloppy follow up but given the very significant costs of a medical...
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Q: Does a psychiatrist's neglect to explain the withdrawal symptoms of an antidepressant constitute medical malpractice?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Nov 30, 2017

In theory, yes. But it is not as simple as if X than malpractice. More to the point, it will be hard to find a lawyer who will show an interest in your claim because, thankfully, your injuries are not permanent.
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Q: Is it failure to diagnoses, if my daughters blood was never tested while she was exhibiting symptoms of leukemia?

1 Answer | Asked in Medical Malpractice for California on
Answered on Nov 29, 2017

PA? Does your daughter have a pediatrician? Why did you keep returning to urgent care rather than having your daughter be seen by her regular doctor? Whether the PA's actions were below the standard of care and therefore the Urgent Care facility would be liable for her negligence, depends on whether her care was appropriate given the presenting symptoms. A lawyer cannot answer that question. You need to ask an oncologist or her pediatrician. If the oncologist or her pediatrician tell you...
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Q: Does a doctor have to be negligent to be officially liable for medical malpractice?

2 Answers | Asked in Medical Malpractice for Maryland on
Answered on Nov 21, 2017
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Q: My mother passed away recently- I would like a lawyer to let me know if her meds were to blame- I have made a list

1 Answer | Asked in Medical Malpractice and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

No one could tell that without being a doctor, seeing the autopsy report, seeing ALL of her medical records. For starters, why not consult a member of the S.C. Assn for Justice--they give free consultations.
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Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.
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Q: I got injured overseas on vacation and had to have surgery. The surgery didn't go well and I'd like to file a claim for

1 Answer | Asked in Medical Malpractice for Ohio on
Answered on Nov 15, 2017

Unless the doctors practice medicine here you'd have to bring suit--if it's permitted--where it happened. Not every country has such cases.
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Q: If I disagree with the Respondents assertion that some of the interrogatories are "vague, overbroad, and not relevant",

2 Answers | Asked in Personal Injury and Medical Malpractice for California on
Answered on Nov 13, 2017

are you handling this without a lawyer.

that argument is standard
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Q: I asked about medical malpractice due to my left leg being broken and suffering

1 Answer | Asked in Medical Malpractice for West Virginia on
Answered on Nov 1, 2017

If you are the person who asked a similar question yesterday, the answer I gave to that question still largely applies. Whether you have a case or not is more of a medical issue than a legal issue at this point. If it was a nurse whom you believe was negligent, then your attorney must hire a nurse to provide a sworn, written opinion that the nurse fell below the standard of care in treating you. If you believe that your treating physician negligently failed to order that you be restrained, then...
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Q: I needed a blood transfusion from my HMO, and they gave me cold and the wrong blood type. Is this a case?

1 Answer | Asked in Medical Malpractice for California on
Answered on Nov 1, 2017

Depends on what happened to you as a result of being transfused with the wrong blood type. What happened? How were you injured?
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