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Medical Malpractice Questions & Answers
1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Q: Can a non-custodial parent admit a minor child for mental health treatment without the parent with sole custody's permis

I have sole custody of my child. My son was in my care. I dropped him for IEP testing for school. When I returned, he was gone. He claimed to have thoughts of self harm and Dr called his father and police. Father admitted him to inpatient psych without my consent. No one, dr, police, father, did... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 17, 2019

Without more details about your case, it is difficult to provide you with an answer. If the father has legitimated, he is afforded certain rights and privileges equal to the custodial parent’s.

It is in your utmost best interest to contact an attorney who can assist you with the...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: A dentist pulled my tooth, put in implant, left practice before completing process w/abutment & crown

Smile Design keeps putting me off, saying they are trying to come to agreement with current dentist to finish other dentists unfinished procedures. If I sue, who is sued, the Smile Design practice, or the dentist (if I can find him) who started the procedure? He has been paid in full for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2019

Sue the dentist who you paid in full. It appears that there is not yet a contract between the dentists of which you might be a "third party beneficiary", so you can't yet sue Smile Design.

1 Answer | Asked in Medical Malpractice for California on
Q: Husband received a heart stent but never was told he had a tear in his artery and needed open heart surgery not a stent

Don't know if the tear was a result of the stent placement.

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 12, 2019

I'm not sure that there is a question. You have this posted in medical malpractice, until you have a second medical opinion, you aren't going to have any basis to know whether there was any malpractice at all. Doctors cannot guarantee perfect outcomes or perfect performance, but they do have to... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Colorado on
Q: The E. R i was at without written or verbal consent contacted the surrounding hospital with my name, diagnoses,to not tr

After seeking medical attn. From the e.r for sever abdominal pain.i also before being offered or asked denied any pain and all pain medication.i also informed them that the almost dibilitating pain i was encountering seemed to me like a kidney infection was present! I also informed them that... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 12, 2019

I'm sorry for your ordeal here between the two emergency rooms. A Colorado attorney could advise best on privacy issues here regarding medical records, as those could involve elements of state law. But your post remains open for two weeks. It is very fact-intensive, and difficult for an attorney to... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries by... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you probably already... Read more »

1 Answer | Asked in Medical Malpractice for Mississippi on
Q: If a medical -mal case was dismissed, can you post on social medical showing pictures of how a loved one was beaten?
Tim Akpinar
Tim Akpinar answered on Nov 10, 2019

You posted this in medical malpractice, but the issue could be more one of privacy and image rights. More than medical practice practitioners, the copyright attorneys on this site would be more familiar with image-related rights. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: Well it took right over a year for them to all of a sudden comply and send them to us
Tim Akpinar
Tim Akpinar answered on Nov 4, 2019

Something might have been left out in the course of uploading your post. You could try reposting. Include a question, but don't include personal information. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Tennessee on
Q: I had a total ankle replacement due to osteoarthritis.iwas ia sent home with leg elevated above heart 23 hours a day.

Surgical wound did not heal, resulting in a r lower leg and ankle amputation. Dr done no blood flow test before surgery. I was also diabetic.

Tim Akpinar
Tim Akpinar answered on Nov 3, 2019

A Tennessee med mal attorney could advise you best, but your post remains open for two weeks. Although this description is very brief, your matter involves a very complex surgery. There wasn't a question here, but if you are wondering about your legal rights, the only way to determine that is to... Read more »

1 Answer | Asked in Libel & Slander and Medical Malpractice for Vermont on
Q: What about falsifying medical records

Doctor knew the information was false but still didn’t remove it which is also libel

Tim Akpinar
Tim Akpinar answered on Nov 1, 2019

It could be libel. It depends on the substance and context, which could mean the difference between mere medical inaccuracy and damage to one's character and reputation. Good luck

Tim Akpinar

2 Answers | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for California on
Q: Are made to move off freeway during a blowout of tire when you're already in the emergency lane by an highwa patrol.
Louis George Fazzi
Louis George Fazzi answered on Nov 1, 2019

Forgive me, but your question makes no sense to me. You need to provide a lot more details about what happened to you.

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2 Answers | Asked in Medical Malpractice for Georgia on
Q: My mom has been complaining about leg pain for months (wasn't treated), now her leg is amputated. Medical malpractice?
Mitchell Feldman
Mitchell Feldman answered on Oct 31, 2019

Unfortunately no lawyer and I doubt any medical professional can conclude there has been negligence by any medical professional just based upon this fact. However it may be worth obtaining all records to see if all certain medical protocols that were followed along with any issue of misdiagnosis... Read more »

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1 Answer | Asked in Medical Malpractice for Arizona on
Q: running out of time 2file for med.mal due to no attorney, I want to go thru medition w/out attorney ,

Statue.of.limitations . exps on 11/28/19 ...

What can I do, I have Dr. On a voice recorder. Admitting to his wrongdoing . Can i or should I send him a intent to sue and email him a copy of that recording? Would he possibly consider paying with out me having to file for medical... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2019

It's a personal decision one has to make on their own, but with the statute of limitations looming so close, it could be worth considering a consult with an experienced Arizona med mal attorney.

Tim Akpinar

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: To get someone to review the records I’m not sure on how to go about doing that.
Douglas Lee Bryan
Douglas Lee Bryan answered on Oct 25, 2019

An attorney who handles medical malpractice matters usually will have the records reviewed to determine if malpractice was committed.

1 Answer | Asked in Medical Malpractice and Wrongful Death for Louisiana on
Q: there Is a lot of blank pages in my deceased fathers medical care report and other odd stuff .

Electronically signed dates are like the next day. Then one op note was added like a month later.

One part says he was taken to recovery doing well without problems then it’s the same papers but it says death. But they say he died i the catch lab.

He was givin too much... Read more »

Robert Hallack
Robert Hallack answered on Oct 24, 2019

These are questions which cannot be answered without further review of the records either by an attorney or another physician. Blank pages and late signings are not unusual practices in and of themselves to warrant suspicion. Please keep in mind that you only have one year from the date of the... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: doctor in Orlando florida I was refered to by my doctor in NYC his office refusse to give me appointment to see him

they claim because I have medicare and medicaid attached to it the cant see me I tried to explain to them they dont need to bill medicaid that medicare covers 100 present of my medical since I'm on a special needs plan they would not hear it then insisted I needed a Florida insurance I called... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 22, 2019

They won't accept your insurance. They won't accept cash. You might be better off asking your doctor for a different referral. You could delve further into the insurance coverage, reviewing the guidelines and determining your rights. It's a personal decision in how determined you wish to be in the... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Minnesota on
Q: Can I pursue a case against a doctor for misdiagnosis, if said misdiagnosis has caused chronic pain lasting for years?

I went to the doctor for a bug bite, but I was also getting migraines, muscle and joint pain, and fatigue. This doctor analysed all of those symptoms separately instead of all together. I took the antibiotics she prescribed, but only got worse until my skin started getting splotchy red spots that... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

It's possible you could, but keep in mind that the assertion of the ER staff that the primary care physician should have caught it is not irrefutable evidence that creates an airtight case. It also appears that there is considerable passage of time, which is something that attorneys defending such... Read more »

Q: My daughters father took his own life, he was severely bipolar. His doctor was trying a new med knowing he was suicidal.

He would need to be hospitalized from time to time due to manic episodes. Normally, he was not suicidal & in fact, very happy. Episodes of depression would always follow, every time his doctor would put him on a new medication and this time he told his doctor that he was severely depressed and... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 20, 2019

I'm very sorry for your loss. A Massachusetts attorney could advise best, but your question remains open for a week. Such a case could be difficult because today's mental health-related pharmaceuticals carry warnings that are a mile long. As a starting point, you could contact a med mal attorney in... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: Do I have a lawsuit if doctors didn't realize my 21 month old had a lip tie and now has decay and lack of weight gain?

She now may need crowns and she has had trouble putting on weight.

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

It's difficult to say based on these brief facts. You could contact a North Carolina attorney, and if they felt there was a possibility of demonstrating causality between the failure to diagnose and the symptoms you describe, they could request the file and review the records with a medical... Read more »

1 Answer | Asked in Medical Malpractice for Louisiana on
Q: I am being awarded my funds from my case and was told I can only get 500,000 I want to do about future medical expenses

My attorney said my future medical bills are included in the 500,000 which may no sense to me. I do have Medicare but I would still have to pay the 20% since Medicare only covers 80%. Why would I be responsible for 20% of something that someone caused to me for the rest of my live.

Tim Akpinar
Tim Akpinar answered on Oct 19, 2019

A Louisiana attorney could advise best, but your question remains open for two weeks. It's difficult to comment without seeing your attorney's closing statement in terms of how it breaks down the award. With the considerable medical treatment that must have accompanied an award of that size, make... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm genuinely... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... Read more »

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