Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: my daughter was injuried 7/17,she was hit by a police car responding to call,taken by ambulance to stony brook ER
1 Answer
| Asked
in
Car Accidents, Medical Malpractice and Personal Injury
for
New York
on
Answered on May 22, 2018
Answered on May 22, 2018
Peter Munsing's answer
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.
She gets medical from her car insurance; if no car, then if she lives with you your car insurance has medical coverage which should be paying her bills. She may have a claim against the PD--contact a member of the NYState Trial Lawyers Assn--they give free consults.
Q: How would I pursue a suit of medical malpractice against a hospital
H. Scott Aalsberg Esq.'s answer
The best way is to hire a good lawyer, but generally before a lawyer will take most malpractice cases they want proof of malpractice unless it is so obvious like leaving a scapel in side the person or the person had bed sores etc.
The best way is to hire a good lawyer, but generally before a lawyer will take most malpractice cases they want proof of malpractice unless it is so obvious like leaving a scapel in side the person or the person had bed sores etc.
Q: Can I sue a hospital for misdiagnosing me and almost causing me to die?
Stephen Douglas Lombardi's answer
Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.
Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not.
Long Answer: First of all you didn't die. You lived. You are alive. And therefore you have no wrongful death suit for almost dying. In the eyes of the law, sort of dying is sort of like being almost...
Quick Answer: Anyone can file suit. But can you win? Probably not. Maybe, but probably not.
Why not? There are so many things wrong with the facts of which you described, that I am not even sure where to begin, but let's limit the issues and see if I can shed some light on why-not.
Long Answer: First of all you didn't die. You lived. You are alive. And therefore you have no wrongful death suit for almost dying. In the eyes of the law, sort of dying is sort of like being almost...
Q: How much money cap does Highland Hospital Oakland have for out of court settlements for injuries in surgery
4 Answers
| Asked
in
Medical Malpractice and Personal Injury
for
California
on
Answered on May 20, 2018
Answered on May 20, 2018
Dale S. Gribow's answer
need more info
if you are just referring to a medical malpractice case the maximum is $250,000 PLUS loss of earnings etc
need more info
if you are just referring to a medical malpractice case the maximum is $250,000 PLUS loss of earnings etc
Q: If I wanted to open up an anti-aging clinic, does a doctor have to own it or can someone without a license own it?
Terrence H Thorgaard's answer
You really need to hire an attorney to provide answers to this and any related questions.
You really need to hire an attorney to provide answers to this and any related questions.
Q: in Louisiana if a subject is subpoenaed to testify in a malpractice suit and does not wish to, are they required to?
Douglas Lee Bryan's answer
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
Q: Should a person that is subpoenaed in a malpractice suit be forced to testify if they do not wish to?
1 Answer
| Asked
in
Medical Malpractice and Wrongful Death
for
Louisiana
on
Answered on May 16, 2018
Answered on May 16, 2018
Douglas Lee Bryan's answer
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
The purpose behind a subpoena is to ensure the person subpoenaed actually shows up for their trial or deposition. If there is some compelling reason why the person should not be compelled to testify then there are remedies, such as a Motion to Quash.
Q: In NJ can a DAG get medical info on someone without a warrant, without a medical release signed by the patient.
Leon Matchin's answer
That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let the court rule and if they decide against you then you should appeal.
That is very complicated question requires thorough review and analysis but you didn't mention whether or not they had a GJ subpoena or not. An answer to a complicated legal matter such as this will be decided once you file motion to suppress and brief the law to the facts of the case. Let the court rule and if they decide against you then you should appeal.
Q: When filing a suit against a person/business, is it better to select a firm who already won a case against the business?
Michael Bersani's answer
Generally, yes. They will have a head start. They will already have "discovery items" (documents they got in the first lawsuit) about the company. They will have likely already deposed the company's main players. They will likely have deposition transcripts they can use.
Generally, yes. They will have a head start. They will already have "discovery items" (documents they got in the first lawsuit) about the company. They will have likely already deposed the company's main players. They will likely have deposition transcripts they can use.
Q: I've been scheduled for a IME with the same Dr. that did the IME that closed my case. Can I request a different IME Dr?
1 Answer
| Asked
in
Workers' Compensation and Medical Malpractice
for
Arizona
on
Answered on May 4, 2018
Answered on May 4, 2018
Joel Friedman's answer
You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow before I can talk to you. Thank you
You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow before I can talk to you. Thank you
Q: The NV Board of Veterinary Examiners has taken my vet's licence. Their regulations do not provide an appeal process
1 Answer
| Asked
in
Appeals / Appellate Law, Civil Litigation, Gov & Administrative Law and Medical Malpractice
for
Nevada
on
Answered on Apr 30, 2018
Answered on Apr 30, 2018
Q: On you medical bills for chiropractic services!
1 Answer
| Asked
in
Business Law, Car Accidents, Medical Malpractice and Personal Injury
for
Florida
on
Answered on Apr 29, 2018
Answered on Apr 29, 2018
Andy Wayne Williamson's answer
Your question makes a little better sense, but still cannot be answered via this forum.
I think that you want to know who legally has to authorize the billing for chiropractic services. I would say most likely the Dr., but he or she does have nurses and assistants that may be authorized to sign off on services being billed.
I doubt that there is any type of price sheet anywhere to be found, each doctor can charge what they want.
Your question makes a little better sense, but still cannot be answered via this forum.
I think that you want to know who legally has to authorize the billing for chiropractic services. I would say most likely the Dr., but he or she does have nurses and assistants that may be authorized to sign off on services being billed.
I doubt that there is any type of price sheet anywhere to be found, each doctor can charge what they want.
Q: Patient abandonement?
1 Answer
| Asked
in
Contracts, Employment Law, Workers' Compensation and Medical Malpractice
for
New Jersey
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
H. Scott Aalsberg Esq.'s answer
I can't speak to the employment law issues, but if the patient was injured or suffered any loss it could actually be criminal in nature. Your responsibility to the patient is separate from you employers duty to you.
I can't speak to the employment law issues, but if the patient was injured or suffered any loss it could actually be criminal in nature. Your responsibility to the patient is separate from you employers duty to you.
Q: Hi, is there a way to get metadata for medical records? I suspect that medical records are missing?
Marc S. Berman's answer
Probably, but you likely would have to file a lawsuit. If you think that you may have a medical malpractice claim, speak to a lawyer immediately. You can find one of us on this site. There are deadlines to take legal action. If you miss a deadline, you will never receive compensation. Good luck.
Probably, but you likely would have to file a lawsuit. If you think that you may have a medical malpractice claim, speak to a lawyer immediately. You can find one of us on this site. There are deadlines to take legal action. If you miss a deadline, you will never receive compensation. Good luck.
Q: I gave a normal virginal delivery at 1/5/2012. But the doctor did the wrong stitches n its pain and bleeding.
2 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Apr 10, 2018
Answered on Apr 10, 2018
Dale S. Gribow's answer
for a med mal case, it has to be filed within 3 years or within 1 year of the time you learned or should have learned of the negligence....whichever is shorter.
it sounds like you may have blown the statute of limitation which would bar you from recovery.
contact a med mal lawyer with all the facts, however, i believe s/he would say the same thing.
for a med mal case, it has to be filed within 3 years or within 1 year of the time you learned or should have learned of the negligence....whichever is shorter.
it sounds like you may have blown the statute of limitation which would bar you from recovery.
contact a med mal lawyer with all the facts, however, i believe s/he would say the same thing.
Q: Hate crime victim,medical malpractice lawsuit filed in Oregon,can pro bono lawyer from CA try the case
2 Answers
| Asked
in
Medical Malpractice and Personal Injury
for
California
on
Answered on Apr 7, 2018
Answered on Apr 7, 2018
William John Light's answer
You don't have any malpractice damages, e.g., doctor amputates wrong limb, or prescribes wrong medication which causes death. Depending on where the hospital is located, you may want to make a complaint with the licensing authority about unrelated persons entering your room, lack of care.
You don't have any malpractice damages, e.g., doctor amputates wrong limb, or prescribes wrong medication which causes death. Depending on where the hospital is located, you may want to make a complaint with the licensing authority about unrelated persons entering your room, lack of care.
Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.
Jan F Hoen's answer
You were told wrong.
Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.
You were told wrong.
Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.
Q: We were told a procedure was risky and it didn't work - can we still sue?
Ronald V. Miller Jr.'s answer
There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.
There has to be negligence. That is the key. Did they perform the risky procedure like an ordinary, reasonable prudent surgeon would. It is not the outcome that matters. It is whether a mistake was made.
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