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2 Answers | Asked in Medical Malpractice for California on
Q: I had a foot surgery fusion done I think 5 years ago. The surgeon was supposed to aligned my ankle but he didn't.

I would like to know if I could sue for the failure of my ankle alignment. I have been in pain from the time of the surgery.

My ankle is out of alignment by 21 degrees. So, my weight is on the side of my right foot. The surgeon made my pain worse by not aligning it the way we had agreed to do.

Joel Gary Selik
Joel Gary Selik
answered on Dec 19, 2024

The initial 3 questions are:

1. Statute of Limitations: there are strict time deadlines to bring malpractice lawsuits. For medical malpractice in California the time limit is one year from discovery with an outside time limit of 3 years. Statute of limitation calculations can be complex...
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2 Answers | Asked in Medical Malpractice for California on
Q: I went in to have my right lung drained at inland valley hospital following open heart surgery. RN punctured my liver

And diaphragm. I bled internally and passed out the next day due to blood loss. Emergency surgery to save my life at Loma Linda Medical Center. Do I have a case?

Eliza Jasinska
Eliza Jasinska
answered on Dec 18, 2024

You may have a valid medical malpractice case based on the injuries you described, including internal bleeding and emergency surgery caused by the RN’s actions. In California, medical malpractice claims must prove negligence, causation, and damages, and you may recover full economic damages... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Dental malpractice in California. Do I have a case or not? is it worth to pursue

Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Dec 17, 2024

Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More

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1 Answer | Asked in Medical Malpractice for New York on
Q: Husband had a botched surgery past 5 years. He is still suffering. Can he sue or I for not being able to fulfill needs

Emergency surgery after first surgery. Used wound vac, had ostomy bag.

Happened in Buffalo, NY. Currently live in Florida

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 17, 2024

Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment.... View More

1 Answer | Asked in Medical Malpractice for New York on
Q: Medical group refused 2nd opinion by Dr of the same group and group would not provide external referrals for 2nd opinion

Saw Dr 1 for a routine procedure to diagnose pain in two areas. After pain worsened and numbness that started when numbing medication was applied for the procedure did not go away after a week. Contacted Dr 1 via messaging who responded w/ no medication to address the pain bad enough to consider... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 16, 2024

I am unaware of any law that prohibits a medical group from providing external referrals. Although in your situation it doesn't sound so much as a refusal to provide a referral as a failure to provide one. Regardless, even assuming the failure to provide a referral constituted a departure from... View More

2 Answers | Asked in Legal Malpractice, Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 13, 2024

This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More

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1 Answer | Asked in Civil Rights and Medical Malpractice for Michigan on
Q: Where can I escalate a claim against my primary physician who violated MCL 750. 492a. Bureau of Licensing refuses action

I brought this complaint to the bureau my primary said I had a brain tumor two times and my neurosurgeon clearly states I never had one but the bureau refuses to take any action

Robert S. Iwrey
PREMIUM
Robert S. Iwrey
answered on Dec 3, 2024

MCL 750.492a pertains to placing misleading or inaccurate information in medical records or chart. Subsection (4) provides that violation of this statute does not give rise to a civil cause of action for damages. However, if LARA BPL has chosen not to take action, you may try reaching out to the... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What do I have to do?

What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?

Tim Akpinar
Tim Akpinar
answered on Dec 3, 2024

In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced,... View More

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What do I have to do?

What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.

Under the...
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2 Answers | Asked in Medical Malpractice for Maine on
Q: my wife was injured during a dental appointment, just wondering if there is anything we can do?

after her tooth removal she developed lumps on her forehead and temple area, bruising on her cheek, abdomen, and knees that she had none of before

Mark Randall
Mark Randall
answered on Nov 27, 2024

I am sorry to learn of your wife’s symptoms after her tooth extraction. What you mention in your question is concerning. Maine medical malpractice law requires that another similarly qualified dentist be able to objectively review the dental records and conclude based on that review that the... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: In a personal injury if the person eas on Medicare half of the time and on Medicaid the other half. Is cap for suing?

A relative died because of nursing home negligence and a fall.

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2024

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

3 Answers | Asked in Medical Malpractice for California on
Q: Can I sue for negligence?

My latest unsuccessful heart ablation procedure which left me with blood clots in my leg but I was suffering with pain that wasn’t just do to the blood clots and I was told by the doctor there’s no way that I could have nerve damage only to find out I have chronic neuropathy.

Eliza Jasinska
Eliza Jasinska
answered on Nov 27, 2024

Yes, you may have a basis for a medical malpractice case and can potentially sue for negligence based on the details provided.

In California, a medical malpractice claim requires proof of the following elements: the existence of a duty of care from the healthcare provider to the patient, a...
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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 15, 2024

So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More

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2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: I was dispensed an expired medication from CVS pharmacy, am I able to file a claim against CVS

If so, is this a small claims, I was not injured, except my symptoms lingered for a long time

Eliza Jasinska
Eliza Jasinska
answered on Nov 14, 2024

In California, the Medical Injury Compensation Reform Act (MICRA) caps non-economic damages in medical malpractice cases at $250,000. While this law generally applies to healthcare providers, there may be implications if your case involves a pharmacist's negligence. However, since no injury... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
PREMIUM
James Clifton
answered on Nov 12, 2024

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Paid for CBL and it wasn't performed. Can I get my money back since he didn't do the surgery I paid for?

I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More

1 Answer | Asked in Medical Malpractice for Washington on
Q: I would appreciate your guidance on whether I should accept this settlement or pursue further action.

I am seeking legal advice regarding an incident that occurred during a dental procedure. While a dentist was working on my tooth, the dental burr—a rotary tool used to cut and shape the tooth—fell off the handpiece and ended up in my throat. I started choking but eventually swallowed it.... View More

Tim Akpinar
Tim Akpinar
answered on Nov 10, 2024

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. No one here can tell you to accept or decline an offer - that's a personal decision (also, the post does not include a figure). The most definitely way to answer your question... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Do medical malpractice lawsuits end up in compensation beyond just medical bills. Ie time off work?

Wife had a podiatric instrument break inside her foot and it stayed there for two days before they took it out. They want her to pay full cost 10K bill, including X-rays and ER visit related to pain.

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

A Pennsylvania attorney could advise best, but your question remains open for two weeks, and the answer is fairly standard everywhere across the nation, subject to state-specific caps on damages. Yes, a successful lawsuit, whether through verdict or settlement, could provide damages beyond medical... View More

1 Answer | Asked in Medical Malpractice for Indiana on
Q: If you go to am emergency room and are misdiagnosed and then treated in the wrong way then causing you to suffer

Excruciating pain for several weeks would there be a case against the hospital, radiologist and doctor?

Tim Akpinar
Tim Akpinar
answered on Nov 9, 2024

An Indiana attorney could advise best, but your question remains open for a month. Until you are able to consult with a local attorney, the short answer is that these settings are fact-specific. It would depend on the severity of injury and level of misdiagnosis. The fundamental question would be... View More

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