Medical Malpractice Questions & Answers by State
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Medical Malpractice Questions & Answers
Q: I am a Paramedic in SC. I want to start my own business selling 1st aid kits. Any liability if I include medications?
1 Answer
| Asked
in
Business Formation, Medical Malpractice and Products Liability
for
South Carolina
on
Answered on Sep 25, 2016
Answered on Sep 25, 2016
John Roland Lund's answer
Dispensing medication is highly regulated as you likely understand. If you are thinking about including things like prepackaged ibuprofen or other OTC medicines and you provide them in packaging containing all of the manufacturer's labeling and warnings, then I think you'd be in fairly safe waters. If you are thinking about medications that a paramedic might use, like an Epipen, then that could be a problem unless you only sell to licensed paramedics. Basically, you don't want to create a...
Dispensing medication is highly regulated as you likely understand. If you are thinking about including things like prepackaged ibuprofen or other OTC medicines and you provide them in packaging containing all of the manufacturer's labeling and warnings, then I think you'd be in fairly safe waters. If you are thinking about medications that a paramedic might use, like an Epipen, then that could be a problem unless you only sell to licensed paramedics. Basically, you don't want to create a...
Q: Question about circumcision
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Michigan
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Peter Munsing's answer
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
Q: What legal action can I take against my dentist? She preformed a root canal and broke a file off inside my tooth.
Peter Munsing's answer
You would want to contact a member of CAOC who handles dental negligence.They give free consultations. It would depend on what happened, where, and what type of tool was being used, and why it could not be extracted. Possibly a claim could be made against the manufacturer of the file.
The difficulty is that dental cases require expert testimony and that is very expensive; at the same time the verdict value is relatively low. All the best with your dental care.
You would want to contact a member of CAOC who handles dental negligence.They give free consultations. It would depend on what happened, where, and what type of tool was being used, and why it could not be extracted. Possibly a claim could be made against the manufacturer of the file.
The difficulty is that dental cases require expert testimony and that is very expensive; at the same time the verdict value is relatively low. All the best with your dental care.
Q: Need legal counsel immediately for Medical Malpractice case in Whitley Co., KY
Peter Munsing's answer
Conflict of interest is waivable so maybe your counsel should stay in--it is difficult to get someone to step in for trial. I'd suggest you contact members of the Kentucky Justice Association for that county who handle medical negligence cases.
At a minimum your existing lawyer needs to get the trial date reset so you can find new counsel. You don't want to sign an acceptance of him withdrawing without replacement counsel.
Conflict of interest is waivable so maybe your counsel should stay in--it is difficult to get someone to step in for trial. I'd suggest you contact members of the Kentucky Justice Association for that county who handle medical negligence cases.
At a minimum your existing lawyer needs to get the trial date reset so you can find new counsel. You don't want to sign an acceptance of him withdrawing without replacement counsel.
Q: I am a pain patient with an exemplary personal record with my physicians. Due to a billing glitch he is not getting paid
Peter Munsing's answer
Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.
Find out from the insurance what piece of magic paper they need. Ask the doctors office to give that.
Contact the insurance commissioner. You can't force the doctor to see you. It's on you to resolve it. Insurance company is correct except that you have probably signed a paper with the doctor that says that you are ultimately responsible to pay.
Find out from the insurance what piece of magic paper they need. Ask the doctors office to give that.
Q: What are my next step after a lawsuit is to proceed and transferred to another court
Peter Munsing's answer
As I mentioned in another post, you want to get a consult with a member of the Tennessee Trial Lawyers--they give free consults.. Medical cases are very very complicated. The post notes "civil rights." If this is involved contact the Tennessee Civil Liberties Union and ask for names of "cooperating attorneys." They also give free consultations. Understand that the law doesn't remedy all wrongs. Only certain ones. If you've been told "no case" by several attorneys, consider that if they don't...
As I mentioned in another post, you want to get a consult with a member of the Tennessee Trial Lawyers--they give free consults.. Medical cases are very very complicated. The post notes "civil rights." If this is involved contact the Tennessee Civil Liberties Union and ask for names of "cooperating attorneys." They also give free consultations. Understand that the law doesn't remedy all wrongs. Only certain ones. If you've been told "no case" by several attorneys, consider that if they don't...
Q: What is my next step after I file a lawsuit
1 Answer
| Asked
in
Personal Injury, Civil Rights and Medical Malpractice
for
Tennessee
on
Answered on Sep 19, 2016
Answered on Sep 19, 2016
Peter Munsing's answer
First step would be get a consultation with a member of the Tennesee Assn for Justice. They give free consultations. You note "medical malpractice." If this is that type of case, you do not want to do it yourself--they are extremely expensive, very very complicated, and you can end up spending a huge amount of money and time and not get anywhere. Consult before you file!
First step would be get a consultation with a member of the Tennesee Assn for Justice. They give free consultations. You note "medical malpractice." If this is that type of case, you do not want to do it yourself--they are extremely expensive, very very complicated, and you can end up spending a huge amount of money and time and not get anywhere. Consult before you file!
Q: Hello. Just a general question.
Peter Munsing's answer
No one can say on an online question. If you have an attorney handling it it means that they are willing to risk the substantial investment of their time and money to look at the case. On emotional trauma less likely recovery as the law does not favor emotional distress claims. But for your own good get help to process this. You may want to look for therapists who provide EMDR therapy. All the best.
On a related issue--be aware that Shriners Hospitals provide free medical care to kids...
No one can say on an online question. If you have an attorney handling it it means that they are willing to risk the substantial investment of their time and money to look at the case. On emotional trauma less likely recovery as the law does not favor emotional distress claims. But for your own good get help to process this. You may want to look for therapists who provide EMDR therapy. All the best.
On a related issue--be aware that Shriners Hospitals provide free medical care to kids...
Q: My wife had plastic surgery on her breasts in 2010 and now she has cancer on both breasts.
Peter Munsing's answer
See an attorney who handles medical products and is a member of your states Trial Lawyers Assn. If you don't know where to begin give me a call.
See an attorney who handles medical products and is a member of your states Trial Lawyers Assn. If you don't know where to begin give me a call.
Q: My dad had a hernia during colonoscopy, putting him in the ICU for 2 weeks, can he sue?
Peter Munsing's answer
To answer the questions requires a look at the medical records. I would suggest that as he's in the ICU he needs max medical care. To avoid scaring off doctors, do not question in an accusing way what has happened. Doctors will then be worried that you are "lawsuit oriented" and be worried about being "dragged into a case." Instead, adopt the "gee, I dunno, can you 'splain to me again how is it a colonoscopy gets into a hernia...." and see what they say. When the doctor has left jot down what...
To answer the questions requires a look at the medical records. I would suggest that as he's in the ICU he needs max medical care. To avoid scaring off doctors, do not question in an accusing way what has happened. Doctors will then be worried that you are "lawsuit oriented" and be worried about being "dragged into a case." Instead, adopt the "gee, I dunno, can you 'splain to me again how is it a colonoscopy gets into a hernia...." and see what they say. When the doctor has left jot down what...
Q: What should i expect after a demand letter is sent in a medical malpractice case? How long does a response usually take?
Peter Munsing's answer
In medical mal it may take a while. First response may be a no. Second response may be a low ball offer. Don't get your hopes up--it is a long, difficult process. Most legislatures protect doctors and I'd imagine South Dakota is very much in line with that.
In medical mal it may take a while. First response may be a no. Second response may be a low ball offer. Don't get your hopes up--it is a long, difficult process. Most legislatures protect doctors and I'd imagine South Dakota is very much in line with that.
Q: Can a hospital be held liable for an accident after releasing a patient with relatively high blood pressure?
1 Answer
| Asked
in
Health Care Law, Personal Injury and Medical Malpractice
for
North Carolina
on
Answered on Sep 15, 2016
Answered on Sep 15, 2016
Peter Munsing's answer
Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.
Unlikely in the extrmeme. Contact some malpractice attorneys but generally unless the blood pressure was so high that he was likely to pass out at the ER, no.
Q: Can a Dr.'s office legally bill under a different tax ID to get more money?
1 Answer
| Asked
in
Health Care Law, Legal Malpractice and Medical Malpractice
for
Georgia
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Peter Munsing's answer
may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider agreeement, and you will contact the health Department at the state level.
may be legal but I think you can ask your health insurance if they will offer payment under the other tax ID, then when you have them rejecting a documented offer you can tell them your company offered to pay, they refused to accept, you don't think you owe them in accordance with provider agreeement, and you will contact the health Department at the state level.
Q: Do i have a malpractice case?
Peter Munsing's answer
You certainly should have someone investigate--ideally a member of the Pennsyvania Assn for Justice who handles malpractice cases. If you don't know any I'll be happy to recomend some. Do understand that because the orbital floor is very thin, if you had other facial trauma there may be limits to reconstructive surgery. You should also be aware because the vision of the eyes assumes they are relatively evenly positioned, you can have vision issues if you have a significant difference in...
You certainly should have someone investigate--ideally a member of the Pennsyvania Assn for Justice who handles malpractice cases. If you don't know any I'll be happy to recomend some. Do understand that because the orbital floor is very thin, if you had other facial trauma there may be limits to reconstructive surgery. You should also be aware because the vision of the eyes assumes they are relatively evenly positioned, you can have vision issues if you have a significant difference in...
Q: Can a doctor be sued for leaving needles in the sink and not thrown into a bio hazard can?
Peter Munsing's answer
You may have a case but you don't have any significant damages--other than a concern for what might be on the needle. A bigger problem is that if you were aware of the hazard and continued to clean nonetheless, you may be considered--under your state's law--to have "assumed the risk." I suggest you contact a Tennessee attorney who handles injury cases and gves free consultations.
You may have a case but you don't have any significant damages--other than a concern for what might be on the needle. A bigger problem is that if you were aware of the hazard and continued to clean nonetheless, you may be considered--under your state's law--to have "assumed the risk." I suggest you contact a Tennessee attorney who handles injury cases and gves free consultations.
Q: When a medical malpractice claim is dismissed without prejustice to file in state court... Which court would that be
Emmanuel Muwonge's answer
If the order instructed "to file in State Court" that would mean that you need to file in the State where the alleged malpractice occurred and more specifically, in the County Circuit Court with jurisdiction over the alleged defendants and their action or failure . I hope I have answered your question.
If the order instructed "to file in State Court" that would mean that you need to file in the State where the alleged malpractice occurred and more specifically, in the County Circuit Court with jurisdiction over the alleged defendants and their action or failure . I hope I have answered your question.
Q: If my sister sign's a settlement agreement in the death of our father, who can it cover without their signature?
1 Answer
| Asked
in
Contracts, Personal Injury and Medical Malpractice
for
California
on
Answered on Sep 7, 2016
Answered on Sep 7, 2016
Peter Munsing's answer
If they had knowledge and accepted money. Also, if it was signed on behalf of the estate it would be binding on the heirs. Arguments can be made the other way, but if you have a concern about it discuss it with the lawyer that represented the estate. (you would not want to have it be known you had money otherwise you'd have hundreds of people calling you).
If they had knowledge and accepted money. Also, if it was signed on behalf of the estate it would be binding on the heirs. Arguments can be made the other way, but if you have a concern about it discuss it with the lawyer that represented the estate. (you would not want to have it be known you had money otherwise you'd have hundreds of people calling you).
Q: I need an attorney to represent me in denial of adequate medical care while incarcerated.
Peter Munsing's answer
I suggest you contact the Texas Civil Liberties Union and ask for the names of their "cooperating attorneys " for prison cases.They give free consultations. You may well have a statute of limitations issue.
I suggest you contact the Texas Civil Liberties Union and ask for the names of their "cooperating attorneys " for prison cases.They give free consultations. You may well have a statute of limitations issue.
Q: I feel like my medical privacy has been violated in the workplace. Just curious about my options.
1 Answer
| Asked
in
Medical Malpractice, Employment Law and Workers' Compensation
for
Wisconsin
on
Answered on Sep 7, 2016
Answered on Sep 7, 2016
Peter Munsing's answer
Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.
Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.
Q: can a radiologist doctor deny a specialist's order for tests?
Peter Munsing's answer
Question is did the lung doctor say "go outside the va" I certainly would look at pursuing a claim against the VA for this.
Suggest you contact a member of the Pennsylvania Assn for Justice --we give free consultations.
Question is did the lung doctor say "go outside the va" I certainly would look at pursuing a claim against the VA for this.
Suggest you contact a member of the Pennsylvania Assn for Justice --we give free consultations.
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