Medical Malpractice Questions & Answers

Q: Is it legal for non licensed staff to perform medical duties, including post op procedures without the Dr being present?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jul 30, 2016

They are covered by malpractice. Whether anything amounts to fraud is more complicated, as much depends on provider agreements, federal regulations. But as long as you need care there your best avenuje would be to tun it anonymously by the Tricare fraud control. But they may not take anonymous information, and you really want to watch what you say as the law is very complicated and what seems like fraud to you may well not be.
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Q: If an EOD was put on patient but days later told the intake form was falsified. They admitted at patient should of not

1 Answer | Asked in Medical Malpractice for Oklahoma on
Answered on Jul 30, 2016

Possible, but hospital has a right to rely on what they are told. Contact a member of the Ok. Trial Lawyers Assn--they give free consultations.
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Q: Tx Workers Comp is no fault, what if you are having trouble in hiring a lawyer due to your case may not be worthy

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Medical Malpractice for Texas on
Answered on Jul 27, 2016

fractures are worthy out here. Look for a member of the Texas Trial Lawyers Assn who handles workers comp. I'm assuming you're in the Dallas/Ft Worth area.
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Q: My left arm was injured to mishandling of a CT Scan at ER which left swelling, pain and possible nerve issues. Case?

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Jul 26, 2016

I think this is a duplicate post. Check the other answer. Yes, go to the specialist. If they ask what happened just say that since you went for a CT scan you have had ____________ & your doctor said go to the specialist. If he asks what hapened just say you got stuck with needles several times as they seemed to have problems finding a vein. That's it, no more detail unless the doctor specificaly asks for more.
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Q: Can I demand the hospital cover my care for a personal injury that is documented that they caused plus loss wages?

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Answered on Jul 26, 2016

You may well have a claim. Suggest you 1) don't discuss your thoughts with other medstaff, as they will not want to be involved and will distance themselves 2)if you go to the specialist try to say what happened as matter of factly NO ADJECTIVES , same reason. You should also contact a member of the NC Trial Lawyers Assn who handles medical carelesness--they give free consultations.
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Q: Does a mature minor (not 18) have a right to withhold medical info from a legal guardian in Missouri? Please cite.

1 Answer | Asked in Medical Malpractice, Health Care Law and Juvenile Law for Missouri on
Answered on Jul 23, 2016

Depends on the age, whether the person is an emancipated minor. Bigger issue is how to handle it on a relational/person to person level. I'm assuming the guardian is appointed or a stepparent. Starting a war over information means you can win the war but the battlefield is a mess. I suggest you find a counselor and discuss ways to discuss this issue with the guardian. Short answer is that until you are 18,your rights are limited. Also understand that the more you want to say "I rule" the less...
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Q: What if an arrested person has pacemaker and check up and surgery Is due and nobody inside responds and neither does law

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Personal Injury for Texas on
Answered on Jul 23, 2016

That individual should talk to their lawyer, the prison society, or the Texas Civil Liberties Union prison rights project.
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Q: Is there an actual federal code for informed consent for medical treatment unrelated to research?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Jul 20, 2016

Malpractice claims are almost always going to be controlled by state substantive law. Google "Maryland informed consent law" for Maryland law which differs from many other states.
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Q: what does a complain "sounding in medical malpractice" mean?

1 Answer | Asked in Medical Malpractice for Maryland on
Answered on Jul 20, 2016

It basically means has enough of a malpractice flavor to subject the claim to Maryland's malpractice statutory scheme which requires you to jump through different hoops when filing a malpractice claims.
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Q: If a sentinel event occurs, is the hospital liable for long-term damages?

1 Answer | Asked in Health Care Law and Medical Malpractice for Nebraska on
Answered on Jul 19, 2016

Not sure what you mean by a "sentinel event"as it can mean many things.But it sounds like you mean an error that cause a damage, possibly longterm. Short answer is if it was due to carelessness, yes, but.....legislatures are very protective of the medical profession so medical carelessness cases are very hard to prove. However members of the Nebraska Trial Lawyers Assn/Assn for Justice--give free consultations so you/your family can get advice. Suggest you get one.However don't discuss this on...
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Q: Legs are in pain after 3 days in the hospital and no medicine or treatment to prevent blood clots. Do I have a case?

2 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Jul 19, 2016

First you should see a doctor about the pain to determine its cause. If it's determined that the problem would have been preventable, then you should consult with an attorney.
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Q: My husband was treated for base of of tongue cancer. Another swelling came up, and he was treated with antibiotics and

1 Answer | Asked in Medical Malpractice for Virginia on
Answered on Jul 18, 2016

Possibly. Contact a member of the Virginia Trial Lawyers Association who handles malpractice cases in the area where the incident happened. If your husband didn't report back to his oncologist about the swelling it may be an issue.
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Q: My doctor who told me was doing surgery was not the same Doctor I woke up to in ICU that said he did it. Legal?

1 Answer | Asked in Medical Malpractice for Mississippi on
Answered on Jul 18, 2016

Yes it is if they had you sign a waiver that said that the doctor you spoke with might not end up doing the surgery. Contact a member of the Miss. Trial Lawyers Assn for a free consult to be sure.
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Q: What are my rights if a doctor falsified my records to perform an inappropriate surgery?

1 Answer | Asked in Medical Malpractice for Washington on
Answered on Jul 18, 2016

Contact a member of the State of Washington Assn for Justice-they give free consultations. Many don't expect the client to pay for expert fees up front.
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Q: Do I Have a Medical Malpractice and Negligence Case.I Feel my Psychiatrist Should be Held Accountable For My Injuries.

1 Answer | Asked in Medical Malpractice for Washington on
Answered on Jul 18, 2016

I think this is a duplicate post. Contact a member of the state of Washington Assn for Justice who handles malpractice issues-they give free consultations.
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Q: iS IT MALPRACTICE WHEN SOMEONE DON'T REFERR A REDIDENT IN A NURSING HOME UNTIL IT'S TO LATE AND THEY END UP With

1 Answer | Asked in Medical Malpractice on
Answered on Jul 18, 2016

Certainly sounds like you want to contact a member of the Michigan Assn for Justice who handles nursing home neglect cases.However if the patient had severe diabetes or circulation issues there may be an issue of causation. Much depends on the timeline, who said or saw what, and when.
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Q: Without being told the risk, My wife's IUD dropped into her Abdominal cavity. Who should undertake responsibility

1 Answer | Asked in Medical Malpractice for Massachusetts on
Answered on Jul 18, 2016

Your wife would want to talk to a member of the Mass Academy of Trial Lawyers who handles pharmaceutical litigation. If you need some names let me know.
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Q: Do I Have a Medical Malpractice Case Here? I Had a Severe Allergic Interaction to A Med Prescribed by my Psychiatrist

1 Answer | Asked in Medical Malpractice for Washington on
Answered on Jul 18, 2016

Contact a member of the state of washington Trial Lawyers Assn--they give free consultations.Much will depend on what he was told about the two other reactions. If told nothing he can't be charged with knowledge (or if the information he was given carried a different diagnosis). But get the free consultation.
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Q: My daughter has recently been denied a hip replacement (she is 35) how can you help?

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for California on
Answered on Jul 18, 2016

Chances are there isn't a good legal solution but a political one--you have to work with the Medical Society, patient organizations and your state and federal representatives to get support for regulations that limit the insurer's right to overule the decisions of specialists. In the near term, getting to as good a rehab hospital as possible would be helpful not just for health, but if they say she needs it it shows more and more the insurer's reliance on a staff that often consist of people...
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Q: Can I sue the county jail for health negligence for my brother

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Illinois on
Answered on Jul 16, 2016

Your brother might have a case, but you dont. Suggest he contact the Ill. Civil Liberites Union prisoners rights project. They may have someone working on prison medical issues.
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