Medical Malpractice Questions & Answers

Q: How much pressure can a chiropractor legally put on a patient to get a lawyer and sue for pain and suffering?

2 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Georgia on
Answered on Aug 18, 2017

Your "spider senses" are working very well. There are too many of these folks who "connect" their patients with a lawyer who sues for soft tissue injury.

I'd change to another chiropractor.

I have seen similar instances that started with a "billboard" lawyer sending the person to a chiro, and later it was discovered that disk damage was the issue. Wasted $25000 on inflated, useless chiro. Then the injured person was left with a small amount of recovery, and the lawyer and...
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Q: Can a OHS tell my employer I'm currently sick because of stress and anxiety in his report ? Isn't it confidential info?

1 Answer | Asked in Employment Law, Medical Malpractice, Health Care Law and Libel & Slander for New York on
Answered on Aug 17, 2017

HIPAA makes confidential health information protected unless a person authorizes the release of such information.

Health care professionals, especially ones who are licensed by the New York State Department of Education or the Department of Health know or should know that. Any person who believes that a licensed health care provider no matter who that person is can file a complaint with the registering or licensing state agency. If you are certain that a licensed health care provider...
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Q: Veterinarian, cut my kitten ears without explanation when I brought her for spaying, as a mistake. How can I proceed?

1 Answer | Asked in Animal / Dog Law and Medical Malpractice for Florida on
Answered on Aug 13, 2017

You could sue for damages in small claims court, but the measure of money damages is going to be hard to prove. Start by asking them to make an offer, and go from there.
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Q: Can I get legal help for medicines given to me that doesn't work after being denied meds that do I took for years

1 Answer | Asked in Medical Malpractice and Products Liability for Alabama on
Answered on Aug 13, 2017

That depends. Federal law has dramatically altered the continued availability of opioids, regardless of past prescriptions. A physician can now lose his or her DEA (drug enforcement administration) license to write prescriptions, for violating federal law.
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Q: Can a police pull you over, ask for you license and registration. And won't tell you why you was stop!

1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Medical Malpractice for Georgia on
Answered on Aug 13, 2017

The one fact, of your narrative, that sticks out, is that this was not your vehicle. If there was a legal basis for that pullover (e.g., the owner had an outstanding warrant, the tag was expired, no insurance on the vehicle, etc.) then the officer had the right to stop the vehicle. Once he or she saw that it was not the owner, that may not end their inquiry, is the vehicle was uninsured. That is a crime, to be driving without insurance, even if you were unaware of the lapse, by the real owner....
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Q: In order for an attorney to deal with a Malpractice situation. Do I pay them before or once it's all dealt with?

1 Answer | Asked in Medical Malpractice for California on
Answered on Aug 11, 2017

Every attorney has their own system of handling malpractice suits with respect to payment. Most lawyers work on a contingency fee basis. Some may ask the client to advamce the cost of hiring a medical expert, some don't.
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Q: My father was a smoker. He smoked cigarettes, cigars and a pipe, which caused my premature birth.

1 Answer | Asked in Medical Malpractice and Products Liability for Ohio on
Answered on Aug 10, 2017

Your message left out a LOT of important data. Very few attorneys would tackle this type case, but one (in California) might.

Contact Brian Witzer at 1-888-948-9348 or 310-777-5999

Tell him you were referred by William Head from Atlanta, GA
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Q: What if the surgeon who performed my surgery improperly subsequently has retired? Can I still sue for medical

2 Answers | Asked in Medical Malpractice for Illinois on
Answered on Aug 9, 2017

Yes, you can certainly still sue for medical malpractice. Keep in mind that medical malpractice cases are extremely difficult, time consuming, and expensive, often times costing $100-200k. Thus, you must have very serious and permanent damages to justify filing such an action.

That said, I would recommend organizing all information relevant to this situation, including medical records, and consulting with an attorney individually to discuss the merits of your case.
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Q: If a Patient is diagnosed with PTSD because of a procedure can you sue for Malpractice?

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Answered on Aug 8, 2017

You will almost certainly lose. The amount of anesthetic to use is governed by general rules and physician discretion. If the physician exercised a proper amount discretion, but the judgment turned out to be wrong, it is not malpractice. Further, your damages, while extremely personal to you, do not seem to be the type which would make a jury give you a significant award, making your case a high risk, low reward endeavor. Please seek out other opinions. Attorneys disagree all of the time.
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Q: How do i go about suing someone for malpractice? Any advise is greatly appreciated.

1 Answer | Asked in Medical Malpractice for California on
Answered on Aug 7, 2017

The way you go about suing someone for malpractice is by hiring an attorney to do it for you. Before you hire that attorney, order a copy of your sister's records from the dentist who dropped the tool and from any and all subsequent treaters and get copies of her x-rays. Bring the records and films to the attorney and your attorney will handle it from there. Good luck.
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Q: My mother passed away & my step father has opened a malpractice lawsuit & probate(no will) is involved am I entitled

1 Answer | Asked in Medical Malpractice and Probate for Tennessee on
Answered on Aug 2, 2017

What you are entitled to inherit from your mother depends on whether she had a valid will. If she did, the will would determine how her property would be divided. If she did not have a will, her state's laws of succession would control distribution. If she died intestate, you (and your siblings, if any) would probably split half and your step-father would get the other half of her property, including causes of action (law suits). You need to consult an experienced probate lawyer in your mom's...
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Q: My husband is in need of surgery for a golf ball size tumor is being sent to Boston. We just found out about this tumor

1 Answer | Asked in Health Care Law and Medical Malpractice for New Hampshire on
Answered on Aug 2, 2017

Yes. You should certainly talk to an attorney. This is a possible case of medical malpractice, though of course a lot more investigation is necessary.
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Q: last employer was arrested for working without a medical license.

1 Answer | Asked in Business Law, Employment Law and Medical Malpractice for Florida on
Answered on Aug 1, 2017

Simply not enough facts to say for sure. Typically the law violation would be against the party who failed to be properly licensed. It would be fact specific if the agency that arrested your employer also were to bring charges against you as well. However, if you were doing the type of work allowed for you to do I would not think that they would be looking at you for any issue. Unfortunately there is just no way to tell.
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Q: Is a failed dental implant actionable?

2 Answers | Asked in Consumer Law and Medical Malpractice for California on
Answered on Jul 31, 2017

If the treatment you received was below the standard of care, you may have a case. It will require an expert opinion to establish that was the case. Your best course of action is to consult with an attorney who handles dental malpractice cases right away. The statute of limitations is short. Alternatively, you may want to order your dental records, including imaging, first. Either way, act quickly.
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Q: I have medical records documenting a fractured arm when my dad was transported by ambulance to the hospital.

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Answered on Jul 30, 2017

Your question presupposes lots of things that may not be facts, but just conjecture. If your father has been abused by anyone, he has a claim against thst person. You do not.
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Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Answered on Jul 30, 2017

You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.
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Q: I was injured further after a surgery that involved more than one doctor. How can I determine who was at fault so I know

1 Answer | Asked in Medical Malpractice for Illinois on
Answered on Jul 24, 2017

This is an extremely difficult and costly endeavor. You will need to find and pay a licensed medical professional to attest that your injuries sustained are a direct and proximate result of the doctors' negligence. I would start by consulting with attorneys who handle medical malpractice cases to determine whether or not your damages justify filing a medical malpractice action, which can very quickly cost in excess of $100,000 to pursue.
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Q: If I discover my doctor was negligent after they've retired, are they immune from a medical negligence lawsuit?

2 Answers | Asked in Medical Malpractice for California on
Answered on Jul 22, 2017
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Q: What is the latest date a party can submit a motion in limine?

1 Answer | Asked in Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice for Kentucky on
Answered on Jul 21, 2017

Why not ask your lawyer? Short answer is that you can respond that the motions are untimely filed, do not comply with the rules, and should be stricken. That being said be prepeared to respond to what the motions say as a judge may decide to consider them nonetheless.
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Q: what can I do if there was complications after 1st surgery and had 3 more surgeries in a month, and dr retired?

2 Answers | Asked in Medical Malpractice, Personal Injury, Health Care Law and Insurance Bad Faith for California on
Answered on Jul 20, 2017

The fact that your surgeon retired does not preclude you from pursuing a malpractice claim against him. If you want to find out if you have a viable malpractice claim, you should have your records reviewed by a medical doctor. Only an MD can tell you whether there was a breach in the applicable standard of care and whether that breach is causally related to your injuries (pain). If someone affirmatively tells you that, then you can file a lawsuit. As 10 months has already passed, be mindful...
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