Medical Malpractice Questions & Answers

Q: Why won't attorneys sue Pfizer Pharmaceutical for tetracycline given to children back in the 60's & 70's?

1 Answer | Asked in Medical Malpractice and Products Liability for Virginia on
Answered on Aug 30, 2016

They did. But there are statues of limitations and statutes of repose, not to mention very high hurdles for the type of evidence that can be presented in a medical product case.
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Q: I had lung cancer surgery.after my surgery my voice has been hoarse.the Doctor say it maybe one year before .

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on Aug 30, 2016

I would suggest you contact a member of the Arkansas Assn for Justice --they give free consultations. They may suggest waiting to see what progress it makes. Understand suing a dr. who perhaps saved you from lung cancer because you have hoarseness may not play well before most juries. But get the consult to at least know if the statute of limitations is two years, and what the issues involved in your case are.
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Q: I have been struggling with pain for about 14 years now, doctors kept telling me that there was nothing wrong with me.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Aug 30, 2016

Unlikely to have a malpractice case,but consult a malpractice attorney in your area to see--most give free consultation (reason being that it is only failure to diagnose if the doctor is a specialist and should have kown--GP's, ER docs aren't held to those standards, and in addition basic treatment for both is to have some mild support, rest. Finally, medical cases are extremely expensive. Freibergs is somewhat uncommon, and an expert would have to say that it was apparent on an x ray. But get...
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Q: can I sue for retained placenta which caused me to get septic a hysterectomy feature hernia surgery here soon Nd other c

1 Answer | Asked in Medical Malpractice for Nebraska on
Answered on Aug 29, 2016

you will want to consult a member of the Nebraska Assn for Justice who handles medical issues--they give free consultations. Do this promptly. Do not discuss with medical staff any negative feelings. Let them talk. Not only do you learn more but you may need follow up care now and it's not good to have doctors scared they will "be dragged into a lawsuit."
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Q: What can I do if my doctor tells me to try smoking on oxegen?

1 Answer | Asked in Medical Malpractice on
Answered on Aug 27, 2016

Get a second opinion. Glad you didn't follow his advice.Sounds like maybe other issues. Not really legal issue as phrased.
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Q: Is their a organization that helps people that are disabled that are on disability, build a house? We own the land.

1 Answer | Asked in Estate Planning and Medical Malpractice on
Answered on Aug 25, 2016

Sometimes Rotary, church groups help. Habitat for humanity may help. There is not one organization that does.
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Q: Hi my name is Steven. I'm looking for some advice on Medical Malpractice

1 Answer | Asked in Medical Malpractice for Montana on
Answered on Aug 25, 2016

Sounds like suboptimal care but given his compromised condition it wold be difficult to show that the errors were outside the boundaries of the normal standard of care. I suggest you contact a member of the Montana Assn for Justice--they give free consults.
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Q: Is this a breach of patient confidentiality?

1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for Texas on
Answered on Aug 25, 2016

Contact a member of the Texas Trial Lawyers Assn who handles libel cases.
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Q: Is a doctor allowed to reject my request because he hasn't received a check from a previous procedure?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

You can't make a doctor treat you. You didn't pay, he has decided to see if you will.
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Q: Is this a law suit?

1 Answer | Asked in Medical Malpractice for Tennessee on
Answered on Aug 25, 2016

Possibly but until you get a diagnosis no one can say if it is caused by the epidural error. Looks to me like it's too late but check with a member of the Tennessee Assn for Justice--they give free consultations.
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Q: I got a hemorrhoidectomy on march 4th 2016, I now have boils covering my buttocks, can i sue for damages?

1 Answer | Asked in Medical Malpractice for Washington on
Answered on Aug 25, 2016

Only if it can be shown that the boils were somehow caused by something the doctor did. As boils are a hair follicle infection I don't see how that would be. Get the medical treament you need, do not ask questions making it sound like you are accusing the doctor, see what people say. Contact a member of the State OfWashington Assn for Justice--gthey give free consults.
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Q: Can a nurse you receive prenatal treatment from show up at your house uninvited

1 Answer | Asked in Health Care Law and Medical Malpractice for North Carolina on
Answered on Aug 25, 2016

Possibly if she was being friendly and didn't get your boundaries.
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Q: My mother is an ex cancer patient. Due to her going through chemo and radiation she now suffers from having radiation...

1 Answer | Asked in Medical Malpractice for California on
Answered on Aug 25, 2016

Best to consult a member of CAOC who handles medical cases. Unlikely to have a case anyone would take because oncology is more art than science and unless it can be proven that the dosages were totally out of line, it's in the nature of the illness that most pateints have an adverse result.
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Q: Mom had a colonoscopy in 2008 . She came out with AFIb. We spoke to the hospitals patient advocate who said we should

1 Answer | Asked in Medical Malpractice for New York on
Answered on Aug 25, 2016

Way late. She knew there was a problem. Didn't get around to it in time. I don't see a way out.
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Q: Is this a good thing or a bad thing?

1 Answer | Asked in Medical Malpractice for South Carolina on
Answered on Aug 25, 2016

Means they care enough to spend money but that it's not so clear that they can do it with one expert.Nearly all Medical cases are complex. Comes with the territory.
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Q: Would I have a case in court with a HIPPA violation of my medical records ?

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

Usually no. No real penalty for violation. Check with a local attorney to be sure.
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Q: Can I represent myself in a Civil Medical Negligence / Breach lawsuit as a patient? Or do I really need an attorney ?

1 Answer | Asked in Medical Malpractice for Arizona on
Answered on Aug 25, 2016

If you want to pay tens of thousands of dollars for an expert witness, deal with very complex legal issues, maximally increase your risks of losing, sure, do it yourself. It's like complex surgery. Do it yourself--without a medical degree? Possible, but you'd be unlikely to survive.
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Q: Raped when I was 15, hospital gave me 2 shots and menstrual cycle irregular since. 39 now and can't get pregnant.

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Answered on Aug 25, 2016

See if your family doctor at the time was sent the records. Or if you had health insurance see if the insurer has them--even if they have just the bills that would say what medications were given & billed for.
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Q: I am in Indiana. Is there a SoL for Medical Malpractice?Thank you!

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Aug 25, 2016

I believe it is two years. Even with a "discovery rule" I don't see it but to be sure contact a local member of the Indiana Assn for Justice.
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Q: Can I sue for malpractice if staff forget to remove gauze from inside me?

1 Answer | Asked in Medical Malpractice for Michigan on
Answered on Aug 25, 2016

You have a claim. Whether or not it would be brought depends on the fallout, as cases are very expensive to bring and

it may be that what you'd get wouldn't cover the costs. But an attorney could see what they could get given the fairly clear flub on their part.Contact a membef of the Michigan Assn for Justice that handles medical cases and see what they say.
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