Lawyers, Answer Questions  & Get Points Log In
Medical Malpractice Questions & Answers
1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for New Hampshire on
Q: Can the mental hospital that released a patient days before he murdered my grandmother, be held liable?

In 1964 my great grandmother was shot and killed by a man who was having a psychotic episode that included hallucinations. He had been released from a mental hospital just a few days before. This happened in New Hampshire. Can the hospital be held liable for prematurely releasing him?

Michael Jonathan Sabbeth
Michael Jonathan Sabbeth
answered on Jan 21, 2023

Unfortunately, the short answer is no. That is because of the statute of limitations. In other words, it's too late to bring a case as this happened almost 60 years ago.

If you were within the statute of limitations, this would have been a case worth investigating. If the hospital...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: i was told the statute of limitations was 2 yrs. for filing reguarless if i was in carcerated
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

You were told the wrong limitations period. It is four years for negligence.

1 Answer | Asked in Medical Malpractice for Florida on
Q: malpractice suit incarcerated same day i found out i could not use my hand. didnt get to file suit i was unable to do so

broken wrist /cast came off hand deformed cant use it im a guitar musician for a living. that was 2020 im out now can i proceed since i was not able to file till now ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

Sure, you could file a lawsuit now; why do you ask?

1 Answer | Asked in Medical Malpractice and Personal Injury for Connecticut on
Q: Personal injury 2020, went to emergency room, released 6 hours later, no answers, and partial paralyzes 10 days later.
Bill Beckert
Bill Beckert
answered on Jan 12, 2023

There is not much information in your question to assist an attorney in determining whether you have a case. I would say that negligence cases, including medical malpractice claims, generally have a 2 year statute of limitations. You indicate that the incident occurred in 2020. Without knowing... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is a two year non elective surgical postponement grounds for a medical malpractice lawsuit for a SSDI senior.

Torn right patellar tendon that has left me on crutches for over two years in February that has contributed to shoulder tendinitis’s, bone spurs, degenerative lumbar disc disease and daily lower back and shoulder pain. Have reached out to several local attorneys with little or no response. I... Read more »

Eliza Jasinska
Eliza Jasinska
answered on Jan 9, 2023

You should establish a basis for medical malpractice and notify the medical provider of your intent to file a lawsuit. Usually, this should happen within a year of injury, or one year after the victim discovered or should have discovered the injury, or three years of the date of the malpractice.... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I filled a claim on negligence malpractice surgery

Yes!I was out patient at Astrium Health care hospital in Almareble N.C. On February 4th 2020, I had surgery on my left eye and my retina was damaged. Now it can't be repaired what can I do about it.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is possible to file a claim for medical negligence or malpractice in the case of a surgery that did not go as planned. Medical negligence occurs when a healthcare provider fails to provide a standard level of care, and as a result, the patient is injured or suffers harm. If you believe that you... Read more »

1 Answer | Asked in Medical Malpractice for Texas on
Q: Perscribed celexa, denied increase or switching, continued prescription 2yrs w/o check up. Recent breakdown, job loss

diagnosed with depression. I didn't feel heard, or respected. Was told life is just hard and to get over it. I stopped seeing her, she continued to prescribe the medication. New doctor has diagnosed me bipolar with OCD, close to a diagnosis with borderline personality disorder. The previous... Read more »

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

Celexa is one of those prescription drugs which require close medical oversight during the process of discontinuing its use. If you were taking it when you stopped seeing your old doctor, he/she should have continued to prescribe it, and your new doctor should have overseen the process of... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Is a hospital liable if I fell out of a hospital bed on the floor after surgery and had a hypoxic brain injury?

I came back from emergency surgery from nasal cauterization and the top bed rail was left down. I had just been placed in the step down unit from coming out of a medically induced coma due to Covid 19. I was recovering very well but could not not walk or sit up in the bed without help and I was... Read more »

Johnny Adams
Johnny Adams
answered on Jan 3, 2023

Yes, this may be a medical malpractice claim.

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Are there any lawyers in Alabama that are taking medical negligence cases that happened during the pandemic?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Hi, there are specific statutes of limitations that apply to negligence claims. Most claims must be filed within two years of the injury. If your injury is more than two years old, you may not be able to file a lawsuit. Whether you can pursue damages for the negligence will depend upon the date of... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.

After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

I'm sorry for your ordeal with the cochlear implant. To evaluate the legal merits of your position, you could reach out to med mal attorneys and try to arrange a free initial consult. If a law firm felt there was a viable basis for a case, they could retrieve your patient records and review... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Washington on
Q: How can I sue fit defamation of character involving a doctor

It has cause a misdiagnosis and possible damage

Or medical malpractice

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2022

A Washington attorney could advise best, but your question remains open for two weeks. Unless there's more to the matter, it would be a matter of medical malpractice, not defamation of character. Defamation means spoken or written words that cause harm to your dignitary interests (reputation).... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Antitrust for Mississippi on
Q: I think I was lied to buy an obgyn. Is this considered Medical malpractice? Can I receive compensation?

I went to have my mirena iud removed @ the 5 year mark. The nurse practitioner could not find the strings, she used something she called a hook & other tools to find the them. Then I was sent for an ultrasound to check if the IUD was still in place. The obgyn then came in & used more tools... Read more »

Michael Greer
Michael Greer
answered on Dec 25, 2022

Yes, likely. You definitely have injuries and damages and it appears medical negligence caused it.

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Pennsylvania on
Q: I had a incident in a prison from not being medicated and had a seizure and was denied medical befor it happened

I had a seizure in prison because medical wasn’t medicating and they knew that I had seizures and even verified it thru my pharmacy and a week and a half later I had a seizure and I told the officer 3 time in the middle of the night that I needed medical attention and he would not call medical... Read more »

Ashley E. Killeen
Ashley E. Killeen
answered on Dec 24, 2022

You may potentially have a case, you should speak to a personal injury lawyer and/or a civil rights attorney to discuss the details of your specific fact pattern to see if it is viable to pursue. Best of luck.

1 Answer | Asked in Consumer Law, Contracts, Medical Malpractice and Personal Injury for California on
Q: Can I sue an orthodontist for no after hour emergency patient care that's stated in the contract?

On 2/1/2021 I signed a 18-24 month contract with an Orthodontist for braces. I had 8 visits from 2/8/21- 3/29/21, I had suffered from headaches & mouth sores, l couldn't eat or drink, I lost weight, and there was a time when I couldn't talk, and missed work.

I called the... Read more »

William John Light
William John Light
answered on Dec 22, 2022

This may fall under dental malpractice. Whether it is worth pursuing depends on what your actual damages are. Besides discomfort, do ou have any permanent injury, such as bone loss, that might make pursuing a malpractice claim economically justifiable. Talk to some malpractice attorneys about... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: i was administered an antibiotic i am allergic to w/o my consent nor a physician order at a nc hospital. what do i do?

i live in virginia and the procedure was in winston salem. i was administered erythromycin eye ointment while unconscious under general anesthesia for retina surgery in both eyes, with staff claiming it was standard practice (overlooking my medical record allergy list) and I woke up with a severely... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Dec 20, 2022

I am so sorry to hear what happened.

Some preliminary issues - NC law (not Virginia law) governs your potential claim so call a NC attorney to seek help.

While it is clearly negligent to administer a medication someone is allergic to, that is not the only question when deciding...
Read more »

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: Would filing a complaint with "Florida Health" be a useful/safe way of obtaining the security footage of my visit?

I am going after a hospital for 2 civil rights violations and medical malpractice. I also wish to pursue criminal charges for abuse/neglect of a mentally disabled person.

I thought about trying to settle out of court... but I'm not a lawyer. (Nor can I afford to pay up front.)... Read more »

Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2022

Immediately seek a free consultation with a medical malpractice attorney in your area. If you have facts that support a potential claim, a law firm may be willing to sign you to a contingency fee retainer agreement with no up-front fees or costs payment needed.... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Arizona on
Q: I recently went the ER, after 6 hours. I was given my discharge paper an told to leave

The doctor came in asked me what was going on where pain was said he was gonna check the results from ultrasound and be back and never came back, never saw my nurse either some random lady came in took out my ivs throw down the discharge paper work tells me to sign an leave, no one told me anything... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2022

An Arizona attorney could advise best, but your post remains open for three weeks. There wasn't a question included, but if you are wondering if the incident rose to the level of providing you with grounds for a med mal case, it doesn't sound like it. There is generally a need for showing... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I fractured both my elbows around the second week of October 2022. Emergency Room - Methodist Hospital of Sacramento

They didn't diagnose me incorrectly they only looked at one elbow instead of both. They told me it wasn't fractured. Which it is fractured. And now my main Dr/nurse practitioner and the office seem to be dragging there feet. I didn't get informed about the referral for an MRI for my... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 7, 2022

A California attorney could advise best, but your question remains open for four weeks. No one here would be able to answer your question about whether you have a case. An attorney would need to review the file. Med mal law firms typically offer free initial consults. You could reach out to law... Read more »

1 Answer | Asked in Medical Malpractice for California on
Q: What can i do when i have been denied or neglected for a rare parasite infection 3 yr have seen er and many dr.

Im 60 yrs old disabled widow still ill

Lyndsie Nichole Russell
Lyndsie Nichole Russell
answered on Dec 2, 2022

You should contact an experienced medical malpractice attorney to determine whether you have a case and whether you are still within the time frame to file a lawsuit. Typically, you can file a lawsuit within one year of the malpractice. There are exceptions to this rule that an attorney can... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.