Charles M. Baron's answer Your question at the top is a medical question, not a legal one - but I'm guessing that you are wondering if you can sue the medical provider for medical malpractice. That starts with asking a doctor with the exact same specialty whether he/she believes the doctor who treated you did not meet the professional standard of care for handling the c-section procedure. Another issue is whether the extent of injury to you (temporary pain that shouldn't have existed) would make a potential...
Mitchell Feldman's answer This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.
Greg Freeze's answer I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
ORS 40.225 codifies the rules.
“'Client' means: (A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal...
Timur Akpinar's answer As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a condition. However, statutes of limitations are state-specific. Therefore, if you want to explore the issue further or put it to rest, it would make the most sense to contact a Georgia attorney.
I'm not a medical doctor of course but I am aware that one of the risks associated with hernia repair surgery is that the hernia can return. If the hernia repair fails and the hernia reappears, this is referred to as a recurrent hernia. This can happen absent malpractice.
Whether or not you have a case would depend upon the specific circumstances of your care and treatment and whether or not the surgeon...
Paul Stanko's answer Any such violation of your privacy rights would come under Fourth Amendment analysis. The appropriate sanction would be suppression of the evidence, not dismissal of charges. Of course, suppression of evidence can often result in the State being unable to proceed, and thus dismissal.
Timur Akpinar's answer As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.
Mark Scoblionko's answer You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.
Todd N. Hendrickson's answer It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?
Mitchell Feldman's answer you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a surviving spouse you are entitled to your damages, and thus again, you will be essentially the plaintiff who is to be awarded damages under the wrongful death statute (and others if they qualify as...
Timur Akpinar's answer Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the information, and the relevance the doctor feels the information has to the condition at hand.
Timur Akpinar's answer You could conduct a few basic internet searches for medical experts in your state. If you've already retained an attorney, you could also check with them as to whether they already have someone in mind who is well-versed in the particular issues that arise in your case. Your attorney might have insight into the knowledge, reputation, reliability, and cost of experts regularly used in the region.
Marc S. Berman's answer I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on Justia.com. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. Good luck.
Dale S. Gribow's answer To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
Peter N. Munsing's answer If it's surgical devices try attorney James Ronca in Philadelphia. If it's in the western part of the state consult attorney Jason Matzus. They give free consults--feel free to use my name.
You can only use Federal Court if you and the other party are citizens of different states. As some of your defendnats may be in state I'm not seeing Federal Jurisdiction.
Daniel John Christensen's answer I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated. Assuming what you experienced was medical malpractice, there are special rules governing that type of claim. I would encourage you to contact a Board-Certified Personal Injury Trial Lawyer like DC Law as...
Brent T. Geers' answer Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
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