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Your current state is Indiana
I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More 
answered on Apr 23, 2025
I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More
if yea i thought there is a 2 year statute of limitation
answered on Apr 23, 2025
There is a two-year SOL. I did not say that you, specifically, could be added because many more details are needed to perform that analysis. If your involvement "relates back" to the same transaction and occurrence that is the subject of the filed lawsuit and it can be demonstrated... View More
I experienced medical malpractice on April 2, 2024, resulting in compartment syndrome, rhabdomyolysis, surgery on my wrist, and a concussion. I've undergone two surgeries and physical therapy since then. I have already filed complaints with the California Department of Public Health and the... View More
answered on Apr 22, 2025
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. So if you knew of the malpractice on April 2, 2024, the 1 year statute of limitations has passed. But if you... View More
I am concerned about a situation where a doctor used a family member, who was the brother-in-law of a schizophrenia patient and living in the same household, to translate medical conversations without consent. The patient, who was under stress due to her living situation, cannot recall much of... View More
answered on Apr 21, 2025
You don't tell us who you are, nor do you specify the basis of your proposed lawsuit. To summarize, you are somehow related to an individual suffering from schizophrenia. The individual's brother-in-law translated medical conversations with unknown persons, in an unknown context, while... View More
I am 53 years old and have suffered significant dental damage attributed to tetracycline exposure, which occurred when my mother was given the drug while pregnant with me. Several dentists have confirmed that my dental issues are consistent with tetracycline damage, and these issues have severely... View More
answered on Apr 21, 2025
From whom? The 1st studies of tetracycline use by pregnant women were only just conducted in the mid-sixties, and the risks associated with tetracycline use during pregnancy, especially in later stages, were NOT well-established until the 1980s. When you mother was carrying you, in 1971, there... View More
I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More
answered on Apr 18, 2025
Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More
I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More
answered on Apr 17, 2025
I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More
On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More
answered on Apr 16, 2025
I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More
answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019. It’s advisable to consult with an attorney who handles medical malpractice or patient rights cases.
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
I have a friend who was riding an electric bike and hit a curb, causing him to flip over the handlebars and hit his head. Someone called an ambulance, and he was taken to Integris Hospital on South Western and South West 44th Street, where they sutured his cuts but didn't x-ray his head,... View More
answered on Apr 12, 2025
An Oklahoma attorney could advise best, but your question remains open for a month. I'm sorry about your friend's injuries. A law firm would probably want to review the matter in closer detail before expressing thoughts on the legal merits of the case. From an injury standpoint, the... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More
answered on Apr 12, 2025
I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More
I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More
answered on Apr 14, 2025
Sorry to hear what happened to you. Putting aside the question of whether you could causally connect your illness with the school's food (pneumonia is a lung infection that is generally spread through the air), absent a permanent injury, the time and expense of a lawsuit would arguably not be... View More
I've discovered that doctors failed to inform me of multiple serious medical diagnoses, including bladder/pelvic cancer in 2008 and right ductal carcinoma in 2013. I was unaware of these diagnoses and did not receive treatment, despite records indicating treatment took place in Iowa.... View More
answered on Apr 11, 2025
A Missouri or Iowa attorney would be in a better position to answer, but your question remains open for four weeks. I'm sorry for your ordeal. I'm afraid that law firms might be reluctant to consider your matter. This is not meant to diminish what you've been through. But your... View More
I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More
answered on Apr 10, 2025
Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More
In January 2025, I learned that a doctor missed diagnosing my severe osteoporosis 5 years ago. This has led to significant health issues, including back pain, loss of height, severe dental disease, and an inability to work. I am now receiving treatment for these issues from another doctor, but have... View More
answered on Apr 9, 2025
Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More
I went in for a planned outpatient laparoscopic cholecystectomy and awoke to find out that the surgeon had accidentally cut the common bile duct, putting me at risk for biliary sepsis. I was transferred to another hospital and underwent exploratory surgery to repair the bile duct injury. This... View More
answered on Apr 8, 2025
It sounds like you might have a case but in order to move forward you will need a surgeon on your side stating that medical malpractice occurred. The defense will also hire an expert to state that it wasn't medical malpractice. We call this a fight between experts. The cost to hire YOUR expert... View More
I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency... View More
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answered on Apr 7, 2025
I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.
Plan on April 7 being your... View More
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