Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: I was injured during a mammogram in 8/01/2018. After an X-ray & ortho visits & an MRI , I have a superior labral tear
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
New Jersey
on
Answered on Nov 15, 2018
Answered on Nov 15, 2018
H. Scott Aalsberg Esq.'s answer
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.
Sounds like you may have a case for malpractice or maybe even assault much more information would be needed however I would suggest setting up a consultation with an experienced lawyer.
Q: If I had a knee replacement and later find out the product was recalled before the doctor put it in me, do I have a case
Thomas Neary's answer
It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.
It really will depends on the details of the case like when was the product recalled and what are the damages, but it doesn't sound good from your limited description. I would recommend you sit down and go over it with an attorney.
Q: Is there a legal difference between medical malpractice and negligence?
Timur Akpinar's answer
I do not practice in Illinois but your question remains open for three weeks. They are similar in that they both apply the concept of negligence. Medical malpractice law applies it in the realm of medical services while other areas of law apply it in more general settings, such as auto accidents, slip and fall accidents, etc. The underlying concept common to both areas of practice is the existence of a duty, a breach of that duty, injuries/damages, and a causal connection between the breach of...
I do not practice in Illinois but your question remains open for three weeks. They are similar in that they both apply the concept of negligence. Medical malpractice law applies it in the realm of medical services while other areas of law apply it in more general settings, such as auto accidents, slip and fall accidents, etc. The underlying concept common to both areas of practice is the existence of a duty, a breach of that duty, injuries/damages, and a causal connection between the breach of...
Q: Can I see a Dr for telling me there's nothing wrong with .e and sending me on my way when there was something wrong?
Erik Luthens' answer
After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?
After you were sent home by the specialist, did you receive any further medical treatment from your primary care doctor and/or any doctor?
Q: can you sue a nurse assistant for infection of possibly used needle. if your celibate for 8 years no diseases
Terrence H Thorgaard's answer
It's not clear what you saw; if you do test positive for something I'm not sure that you have enough evidence.
It's not clear what you saw; if you do test positive for something I'm not sure that you have enough evidence.
Q: Can someone please advise me on what to do involving wounds, withholding seizure medication for a rare disease? &more?
1 Answer
| Asked
in
Medical Malpractice and Personal Injury
for
California
on
Answered on Nov 1, 2018
Answered on Nov 1, 2018
Dale S. Gribow's answer
much more info needed and in a readable form.
are you in hospital? wounds from an arrest? etc
much more info needed and in a readable form.
are you in hospital? wounds from an arrest? etc
Q: How common is arbitration used for medical malpractice cases and are ALL arbitrators lawyers?
1 Answer
| Asked
in
Arbitration / Mediation Law and Medical Malpractice
for
Florida
on
Answered on Oct 30, 2018
Answered on Oct 30, 2018
Timur Akpinar's answer
I do not practice in Florida but your question has not been picked up in four weeks. Arbitration is an accepted forum for medical malpractice cases and is used in Florida. A Florida medical malpractice attorney could give you more meaningful guidance on this subject specific to your state, but as a general rule and depending on the state and forum, both attorneys and medical professionals are used in such arbitrations.
Tim Akpinar
I do not practice in Florida but your question has not been picked up in four weeks. Arbitration is an accepted forum for medical malpractice cases and is used in Florida. A Florida medical malpractice attorney could give you more meaningful guidance on this subject specific to your state, but as a general rule and depending on the state and forum, both attorneys and medical professionals are used in such arbitrations.
Tim Akpinar
Q: Is there a difference between medical malpractice and regular negligence?
Timur Akpinar's answer
I do not practice in Maryland but your question remains open for four weeks. The underlying concept is essentially the same. It is based upon the existence of a duty, a breach of that duty, injuries/damages, and a causal link between the breach of duty and ensuing injuries. Medical malpractice can involve other legal theories as well.
Tim Akpinar
I do not practice in Maryland but your question remains open for four weeks. The underlying concept is essentially the same. It is based upon the existence of a duty, a breach of that duty, injuries/damages, and a causal link between the breach of duty and ensuing injuries. Medical malpractice can involve other legal theories as well.
Tim Akpinar
Q: If I offer a laboratory testing service for supplments will I be liable for injury as a result of inaccurate reports
1 Answer
| Asked
in
Business Law, Medical Malpractice and Personal Injury
for
North Carolina
on
Answered on Oct 28, 2018
Answered on Oct 28, 2018
Q: What kind of lawyer would I need for 3rd party liability? Diagnoses: Leukemia after working with Benzene for 21 years.
1 Answer
| Asked
in
Medical Malpractice, Personal Injury and Products Liability
for
Washington
on
Answered on Oct 27, 2018
Answered on Oct 27, 2018
Timur Akpinar's answer
A consultation with an injury lawyer who has experience with toxic tort cases could be a good place to start. These are cases involving exposure to hazardous substances.
Tim Akpinar
A consultation with an injury lawyer who has experience with toxic tort cases could be a good place to start. These are cases involving exposure to hazardous substances.
Tim Akpinar
Q: Do I have a medical malpractice case?
T. J. Jesky's answer
First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus' heart beat. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...
First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus' heart beat. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...
Q: A surgeon who's now retired left a piece of equipment in me during surgery. Can I sue him even though he's no longer
Mark Oakley's answer
The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have complications and high damages resulting from the object and it’s removal, the cost and effort to pursue a malpractice claim may not be worth it.
The fact he retired is irrelevant. He can be sued. The issue is whether you waited too long to make a claim. There is a statute of limitations, which can be extended to start running from the date you discovered or should have discovered the object left inside of you. Also, unless you have complications and high damages resulting from the object and it’s removal, the cost and effort to pursue a malpractice claim may not be worth it.
Q: Do I have a suit
1 Answer
| Asked
in
Personal Injury, Civil Rights and Medical Malpractice
for
Pennsylvania
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Peter Munsing's answer
If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.
If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.
Q: What types of injuries qualify as medical malpractice rather than just risks assumed by a procedure you undergo?
Steve McCann's answer
This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney individually for a consultation so you can obtain a comprehensive evaluation.
This is a very fact specific determination that cannot possibly be answered with specificity based on the limited facts provided. Thus, if you believe you have sustained injuries as a result of medical malpractice, I recommend organizing all medical records and bills, and consult with an attorney individually for a consultation so you can obtain a comprehensive evaluation.
Q: Do pharmaceutical errors fall under medical malpractice law?
J. Grady Hepworth's answer
In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are treated as "product liability" cases. However, if you are asking for the purposes of finding an attorney to help you with a case, many lawyers who accept "medical malpractice" cases are also willing to pursue pharmaceutical negligence cases....
In Idaho there are very specific statutes related to "Medical Malpractice" that only apply to "physicians" "surgeons" and "licensed acute care general hospitals" as those terms are defined under Idaho law. Typically, most pharmaceutical errors fall are treated as "product liability" cases. However, if you are asking for the purposes of finding an attorney to help you with a case, many lawyers who accept "medical malpractice" cases are also willing to pursue pharmaceutical negligence cases....
Q: 17 yrs. my NB baby lives 12 hrs. A lot of Trauma took place. Would I have any case to stand on at this time.
Arthur Calderon's answer
I would highly recommend that you reach out to a personal injury/medical malpractice as soon as you are able, as there is a time element involved in this. Whether or not you have a case depends on several factors. Regardless, feel free to reach out to any attorney on this forum by clicking the attorney's name.
I would highly recommend that you reach out to a personal injury/medical malpractice as soon as you are able, as there is a time element involved in this. Whether or not you have a case depends on several factors. Regardless, feel free to reach out to any attorney on this forum by clicking the attorney's name.
Q: my sister recently overdosed on pain medications she got from a new doctor. national data base wasn't used to stop her
1 Answer
| Asked
in
Criminal Law, Medical Malpractice and Wrongful Death
for
Texas
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.
Not a question. If you feel the data base would have shown all of her meds (and she didn't have an illegal stash she bought on the street) the estate may have had a claim--suggest you contact a member of the Texas Trial Lawyers Assn for the County where it happened; they give free consults.
Q: My husband recently passed away from going into anafalatic shock none of the first responders had an epipen
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
Louisiana
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Peter Munsing's answer
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
I suggest you consult a member of the Louisiana Trial Lawyers Assn in the Parrish where it happened. They give free consults.
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