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Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for California on
Q: Health department employee use my medical information and give it to someone else to get tested for covid-19

SFPHD employee lie about me going to a clinic to see her 2 times in August and then keep logging in to delete some information on my chart

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

Identity theft is a crime, so one place to go is to the police, with whatever evidence you can gather about this. You might contact the testing center and request copies from "your" test, since "you" were the patient, you are entitled to them. The next place to go is to the... Read more »

1 Answer | Asked in Medical Malpractice for Connecticut on
Q: Ftom usa ct Can my wife sue in dominican republic for bad cosmetic surgery

She peform surgery cosmetic in dominican rrpublic and now shes sufering and traumatised .

Tim Akpinar
Tim Akpinar answered on Sep 29, 2020

Your wife would need to discuss this with an attorney who practices in the Dominican Republic. I'm sorry for her ordeal. Before investing money in exploring the merits of the case, it might be helpful to determine which courts would have jurisdiction over such a matter. I can't speak for... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Washington on
Q: Breast reduction potential malpractice inquiry

2 years ago I had a bilateral breast reduction done by a board certified surgeon. My breasts were supposed to be a size D afterwards but are now a large A or small B. Dog ears on both breasts (which I've read can be avoided with proper measurements) & horribly looking scars.

Aside... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 29, 2020

A Washington attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. It would be difficult for an attorney to answer your question as to "whether you remotely have a chance." Although your description offers details that would be... Read more »

1 Answer | Asked in Medical Malpractice, Probate and Wrongful Death for Michigan on
Q: Do I have to sign a family member consent for representation agreement my ex wife’s attorney sent me?

Our 30 year old daughter passed last year suddenly, no will, now my ex got a lawyer and is suing the hospital etc. for wrongful death, medical malpractice and other damages. I was sent forms to sign that I agree with her and fully cooperate with their legal services, which I don’t agree! My... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 29, 2020

Interesting. Wrongful death and medical malpractice claims are complex enough that you would be well advised to discuss this letter with an attorney before signing it. Your ex can, quite likely, proceed without your signature or cooperation.

1 Answer | Asked in Medical Malpractice and Personal Injury on
Q: I understand that statue of limitations can range from 2 to 10 years on medical negligence in the state of Missouri.

I'm seeking advice in the matter of medical negligence that occurred in2011 but was not discovered until 2017 due to a colonoscopy and endoscopy surgery I underwent. My bowls have been placed into my stomach in intertwined knots after I underwent hernia repair surgery in2011.

The... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 28, 2020

Only a Missouri attorney could answer your question, but your post remains open for four weeks. As a general matter, an attorney could be reluctant to advise on a statute of limitations (other than basic ones where there are no issues of minors coming of age years after an injury, or no issues in... Read more »

1 Answer | Asked in Medical Malpractice for New Jersey on
Q: is it possible that the hospital lied and said my mother had covid for money or something else ?

Nvm

Tim Akpinar
Tim Akpinar answered on Sep 27, 2020

No one can say for certain without seeing the records or interviewing the personnel who performed diagnoses. When it comes to COVID, it's possible a medical facility could assert they took every measure to be very conservative, cautious, and thorough so as not to subject an older patient to... Read more »

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers answered on Sep 23, 2020

Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Q: Child attempted suicide after notifying multiple counselors and social workers of his intent. Was it a near fatality?

When my husband was 16 and was dealing with a very chaotic family life which caused his severe depression, his caregiver put him in a mental hospital where he was told to notify staff of any suicidal thoughts. Prior to and on the day of the discharge, he repeatedly told the staff that he... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

The statute of limitations is one year from date of incident. Statute has long since run.

2 Answers | Asked in Medical Malpractice for California on
Q: Is this medical malpractice/negligence/ breaking a law? : I was referred to a bone specialist for ongoing wrist pain

from a fracture a year ago. Recent x-rays showed a positive ulnar variance. The specialist I was referred to told me that ulnar variance isn't the problem. When I questioned this opinion, he told me to do a follow up appointment with him and bring the x-rays from the original wrist fracture.... Read more »

Robert Dourian
Robert Dourian answered on Sep 18, 2020

If you are asking if you have grounds to pursue a Medical malpractice case, the answer is I don't know. The only way to determine if there is a claim to be made is by taking your records, and your facts over to a qualified specialist in the same filed of medicine, and have him or her answer... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Georgia on
Q: Can I sue for significant loss of bowel and bladder functions if I was never told about a bowel obstruction that rupture

During multiple attempts to get help for abdominal pain at an emergency room I underwent several emergency surgeries because of an infection in my abdomen at one point the same doctor said he reviewed all of my previous visits and told me I had a gynecological problems that would result in me... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 14, 2020

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. I'm not clear as to whether you have been trying to have local doctors look at your records for diagnostic and treatment purposes, or for evaluation of a potential med mal... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on
Q: I am a quadriplegic and have been in the chronic pain and urinating all over myself for almost a year.

So I went to the urologist Dr and he made me an appointment to come back and get put under anesthesia to take a camera up my urethra look in my bladder to see what's going on. Well I woke up and they said everything was fine and not worry about it. So I made an appointment for about a month... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 8, 2020

An Indiana attorney could advise best, but your post remains open for four weeks. I'm sorry for your ordeal. You could reach out to Indiana med mal attorneys to discuss in further. Attorneys in this field typically offer free initial consults. If an attorney identified the basis for a case,... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Massachusetts on
Q: Is it malpractice or negligent to have someone count used needles At an exchange program?

My fiance brought in a bin of used needles and was made to open dump and count a used syringe bin by hand that wasnt hers, and she was poked by an exposed syringe in the process. What should she do about this.

The nurse was aware that the bin wasnt hers and the needles were from a hep c... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 8, 2020

A Massachusetts attorney could answer best, but your question remains open for two weeks. Before making that determination, an attorney would likely want to investigate the incident, including the facility's standard operating procedures and routine protocols. It's possible it could be... Read more »

2 Answers | Asked in Health Care Law and Medical Malpractice for California on
Q: My Drs medical assistant fraudulantly reported to a specialty pharmacy , that I was no longer a patient! Can she do that
Robert Dourian
Robert Dourian answered on Sep 8, 2020

Fraud is fraud. If all the elements of fraud are met, its not malpractice but Fraud. In this case most likely Fraudulent Misrepresentation. The problem with Fraud claims however, is PROVING IT.

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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: While a patient at a med facility, our child was assaulted by other patient, then refused treatment. Is facility liable?

Our child was checked into a residential program and threatened with violence by other patients almost immediately.

She reported it to me; I informed staff who said they were aware (but hadn't told me).

I informed manager and another staff member after further reports of... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

I'm sorry for the terrifying ordeal experienced by your daughter. This is something an Oregon attorney could advise best on, but you await a response for three weeks. You indicate not having funds for legal fees. What you describe does not appear to be a case (if validated) that an attorney... Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Spinal injury from epidural.

Ok so I had my 6th baby a year ago. Was in labor for 16 hours with the epidural. When that 16 hours hit I started to have a weird head attack to where I could breathe and my head was throbbing pain. I begged the nurse and doctor to perform a c section because I knew I was about to give out. They... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. Only a medical professional could meaningfully comment on your symptoms. You could contact Alabama med mad attorneys to discuss the matter in further detail. If they felt that you... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: I was injured during surgery but the doctor wrote self serving notes how should I proceed legally?

My nerves were damaged during a limb salvaging surgery to remove a tumor in my pelvis. My surgeon told me it can take up to 2yrs for my nerves to heal. In retrospect his legal liability end in 2yrs. I'm in the process of getting a second opinion from a neurologist. How should I proceed if... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 30, 2020

A Texas attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to meaningfully answer your question as to how to proceed legally - it is a complex, open-ended question that doesn't lend itself to a simple one or two line recommendation. You... Read more »

1 Answer | Asked in Contracts, Small Claims, Products Liability and Medical Malpractice for Utah on
Q: I want to take dentist to small claims court, for reimbursement for bottom denture that was damaged beyond repair.
Tim Akpinar
Tim Akpinar answered on Aug 29, 2020

A Utah attorney could advise best, but your post remains open for two weeks. There wasn't a question here, but if you are interested in using small claims courts, most unified statewide court systems include online resources for small claims court. Their resources for the public generally... Read more »

1 Answer | Asked in Medical Malpractice on
Q: I wander if you deal with medical negligence claims of fertility clinics?
Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

From your question, it's possible you're under the impression that this is a law firm or referral service. It is only a question & answer board. A law firm that handles med mal cases could possibly handle what you describe, if someone suffered injuries/damages that were causally... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: How long does someone have to file a malpractice lawsuit

i was injured 5 years ago and the condition has gotten so much worst due to nothing being done

Michael W. Horst
Michael W. Horst answered on Aug 17, 2020

The answer to this question is complicated. Generally speaking, patients have two years from the date of injury or death to bring a lawsuit for medical malpractice. However, the two year "clock" does not start running on the date the medical treatment was received unless an injury was... Read more »

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