If the records you received related to another child / patient, then it might very well constitute a HIPAA violation. That said, HIPAA does not create a private cause of action for the aggrieved party (or for the individual who inadvertently received their medical records). Apart from perhaps... View More

I'm sorry to hear of your husband's conditions that apparently weren't treated properly. To establish a valid malpractice case, you will need to have a qualified medical expert confirm that your husband's treating providers did not perform treatment that met the applicable... View More

To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not evaluating the symptoms correctly, caused the delay that led to the death of your grandmother, and resulted in significant damages, including medical costs, pain and suffering, and... View More

Why would a doctor knowingly misrepresent a patient's health status as terminal? Would this be insurance or Medicare fraud? If yes, it is unlikely the patient would have a viable case since the patient's actual damages would be relatively minimal compared to the insurance provider or... View More

There are several areas of potential liability. There is the failure to provide appropriate information and to obtain informed consent. There is also a question of if the health care providers breached the standard of care in removing the gallbladder. Even if a complication is a known complication,... View More

The first issue in determining whether a medical malpractice case is viable is the Statute of Limitations, which in CA is either one year from the date of the action constituting malpractice or 3 years from the date of the discovery of the malpractice.

The next issue is determining whether... View More

Based on what you've shared, it’s very likely your case is barred under Texas law. Texas has a two-year deadline to file a medical malpractice claim, and an absolute ten-year limit (called a statute of repose) that applies no matter when the harm was discovered. Since your husband’s... View More

A New Hampshire attorney could advise best, but your question remains open for two weeks. I'm sorry about your spouse's ordeal. It could depend on the scope of documents your spouse was presented with prior to the procedure, discussions with medical staff, and other factors. The informed... View More

Addendum - A note about deadlines. Your post does not mention when this happened. You do not need to mention that - this is a public forum. You are free to maintain your privacy. But for your own knowledge, based on the type of medical facility and parties (public or private), statutes of... View More

Yes you can.

Where the medical staff failed to meet the standard of care, there is a claim.

In order for such a case to be viable, the harm caused but be sufficient to warrant bringing a lawsuit. For example, if the failure to treat caused additional harm such as the jaw being... View More

The first issue with filing a medical malpractice suit is the statute of limitations that will bar your claim if filed too late. In CA, you have 1 year from the date of discovery of the malpractice or 3 years from the date of the malpractice, whichever comes first. Since you have a limited time to... View More

An Arizona attorney could advise best, but your question remains open for two weeks. The law firm handling your matter is really in the best position to advise about dollar figures - due to their knowing the most about the case and its progress. As a general commentary, without knowing anything... View More

Mary Frances Parker Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2025

Like many legal questions the answer is maybe. The first requirement is to have another medical professional with a similar speciality or practice to say that your doctor breached the relevant standard of care. Once that had been satisfied you must show that you have suffered damages- I.e. pain,... View More

Maite L. Diaz Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025

Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More

Med mal cases almost always need to be litigated. For a simple personal injury case in litigation, a 40% contingency fee would apply. Complex med mal cases can be more - 45% or even 50%, depending on a number of factors.

It could be. Malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Additionally, the harm caused by the malpractice, as opposed to what would have occurred without the malpractice.

Sorry to hear what happened to you. Although New York Civil Practice Law & Rules § 208 tolls the statute of limitations for an infant until the infant reaches the age of 18, medical malpractice actions cannot be tolled for more than ten (10) years after the cause of action accrues. If your... View More

I'm sorry for the hardship the premature birth has caused. The statute of limitations issues aside, it sounds like a daunting theory that some law firms could be reluctant to want to move forward with, due to the difficulty of accurately establishing what took place 23 years ago. Good luck

A Pennsylvania attorney could advise best, but your question remains open for over a week. I'm very sorry about the loss of your brother. I've heard about the theories you describe on news and social media, but I've also heard about challenges to such allegations. It would be best... View More

To establish medical malpractice, you must prove Kaiser had a duty to meet the standard of care, breached it by not discussing screening despite evidence like a 2020 Kaiser study showing PSA screening reduces deaths by 64%, caused the delay that led to your stage 4 diagnosis with a 34% 5-year... View More