Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.
2 Answers
| Asked
in
Personal Injury, Medical Malpractice and Public Benefits
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/
If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.
With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...
Q: officer performed a sternum rub on me at a hospital while I was sleeping ,can I do something about it?(a lot more to it)
1 Answer
| Asked
in
Civil Litigation, Immigration Law and Medical Malpractice
for
Oregon
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Kelli Y Allen's answer
I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.
I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.
Q: Can I suse a doctor for misdiagnosis?
3 Answers
| Asked
in
Personal Injury and Medical Malpractice
for
California
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Gerald Barry Dorfman's answer
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.
Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
California
on
Answered on Jan 17, 2019
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.
Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?
1 Answer
| Asked
in
Health Care Law, Medical Malpractice and Wrongful Death
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure
Paragraph 14, D, 3 c.
Q: Would you know of any cases where the Plaintiffs couldn't afford medicine and therefore suffered injury?
1 Answer
| Asked
in
Medical Malpractice, Consumer Law and Personal Injury
on
Answered on Jan 15, 2019
Answered on Jan 15, 2019
Timur Akpinar's answer
It could be difficult to build a case upon on this issue alone. If you are doing this in the course of research, you could also look into case law based on insurance coverage, where an injury or condition could be causally related to an insurance denial, based on medical necessity or other reason. You mention international. That could be difficult because insurance coverage tends to be covered by state laws in the U.S., and likely regional laws overseas. If this is about an actual situation...
It could be difficult to build a case upon on this issue alone. If you are doing this in the course of research, you could also look into case law based on insurance coverage, where an injury or condition could be causally related to an insurance denial, based on medical necessity or other reason. You mention international. That could be difficult because insurance coverage tends to be covered by state laws in the U.S., and likely regional laws overseas. If this is about an actual situation...
Q: What is my legal options when my child's doctor has been sitting on a prior-authorization submittal for over a month.
Peter Munsing's answer
I would speak calmly to the doctor. Doctors are swamped with paper work and it's tough getting another doctor.
I would speak calmly to the doctor. Doctors are swamped with paper work and it's tough getting another doctor.
Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?
1 Answer
| Asked
in
Legal Malpractice and Medical Malpractice
for
New Jersey
on
Answered on Jan 9, 2019
Answered on Jan 9, 2019
Peter Munsing's answer
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.
Q: If a physician is retired from seeing patients yet serves as a collaborative physician, is it necessary to carry med-mal
Peter Munsing's answer
Generally you would be well advised to get insurance that protects you. I think you need professional negligence consultation given the high cost of insurance & the high cost of exposure or potential exposure.
Generally you would be well advised to get insurance that protects you. I think you need professional negligence consultation given the high cost of insurance & the high cost of exposure or potential exposure.
Q: 3 days ago my mother had an MRI and they put her in knowing she has a cochlear implant. She is now in much pain and..
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP
Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP
Q: I have had herina mesh materials implanted in my abdomen and surrounding areas and have experienced extensive pain
1 Answer
| Asked
in
Products Liability and Medical Malpractice
for
Massachusetts
on
Answered on Jan 8, 2019
Answered on Jan 8, 2019
Peter Munsing's answer
You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.
You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.
Q: How many times can a medical professional get a malpractice complaint before losing their license in Florida?
Charles "Kip" Sinclair's answer
Florida has a "Three Strikes" rule, but to get a "strike," the doctor has to lose a malpractice trial and get a judgment against him. Claims don't count unless they go all the way to trial and the doctor loses. Settlements don't count either. Settlements have to be reported to both the Board of Medicine and the National Practitioner Data Bank, but unless the settlement amount is over $100,000, the public can't find out about it. And information from the National Practitioneer Data Bank is...
Florida has a "Three Strikes" rule, but to get a "strike," the doctor has to lose a malpractice trial and get a judgment against him. Claims don't count unless they go all the way to trial and the doctor loses. Settlements don't count either. Settlements have to be reported to both the Board of Medicine and the National Practitioner Data Bank, but unless the settlement amount is over $100,000, the public can't find out about it. And information from the National Practitioneer Data Bank is...
Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!
2 Answers
| Asked
in
Health Care Law, Immigration Law and Medical Malpractice
for
Texas
on
Answered on Jan 4, 2019
Answered on Jan 4, 2019
Allen C. Ladd's answer
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.
Q: Do you think I have a good chance of winning a lawsuit for medical malpractice and pain and suffering?
Robert D. Kreisman's answer
The case of medical malpractice is about the negligence which includes damages. Most of these cases are enormously expenses to prosecute. It seems from your description of your possible case that you have made a decent recovery. In my opinion, this would not be a case we would take on. Please don't be discouraged. Perhaps you will find another attorney in your area with a different view. Much depends on how you end up after the ordeal you went through.
The case of medical malpractice is about the negligence which includes damages. Most of these cases are enormously expenses to prosecute. It seems from your description of your possible case that you have made a decent recovery. In my opinion, this would not be a case we would take on. Please don't be discouraged. Perhaps you will find another attorney in your area with a different view. Much depends on how you end up after the ordeal you went through.
Q: When a person fills out a DNR is that kept on record for that patient for future visits?
1 Answer
| Asked
in
Wrongful Death, Health Care Law and Medical Malpractice
for
California
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.
Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a
3 Answers
| Asked
in
Health Care Law and Medical Malpractice
for
Florida
on
Answered on Dec 28, 2018
Answered on Dec 28, 2018
Mitchell Feldman's answer
You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence
You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence
Q: Does a doctor break any laws dating a former patient?
1 Answer
| Asked
in
Criminal Law, Family Law, Health Care Law and Medical Malpractice
for
Maryland
on
Answered on Dec 27, 2018
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?
Off the top of...
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?
Off the top of...
Q: If you think you have a malpractice claim what is the first step you should take?
Anthony M. Segura's answer
The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the records, the lawyer can assist you with that as well.
The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the records, the lawyer can assist you with that as well.
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?
2 Answers
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Virginia
on
Answered on Dec 23, 2018
Answered on Dec 23, 2018
Anthony M. Segura's answer
I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...
I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...
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