Medical Malpractice Questions & Answers by State

Medical Malpractice Questions & Answers

Q: If surgery to my injury causes a medical issue, who is responsible?

1 Answer | Asked in Medical Malpractice for Pennsylvania on Jun 19, 2015

Answered on Jun 27, 2015

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John M DeProspo's answer
You need to contact a medical malpractice lawyer in your area who can go into this in more detail. The consultation will be free.

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Q: Is it too late to sue for medical malpractice for a procedure that was done 8 years ago and resulted in death?

1 Answer | Asked in Medical Malpractice for Virginia on Jun 25, 2015

Answered on Jun 27, 2015

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John M DeProspo's answer
There is a two year statute of limitations on wrongful death claims in Virginia. The time has longed passed to look into a claim.

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Q: Can a jury verdict in an Medical Malpractice case be appealed?

1 Answer | Asked in Medical Malpractice for New York on Jun 22, 2015

Answered on Jun 27, 2015

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John M DeProspo's answer
Yes. Best to ask your lawyer if an appeal makes sense.

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Q: Why is it so hard for a man to seek justice for being wrongfully touched by a Doctor??

1 Answer | Asked in Medical Malpractice for Pennsylvania on Jun 19, 2015

Answered on Jun 20, 2015

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John M DeProspo's answer
If not lawyer wants to take on your claim it is because they do not see any money in it. In other words, the potential value of the case is too low for their involvement. That's what's going on.

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Q: What is the first step in suing (or receiving any form of compensation for patient abandonment by my physician?

1 Answer | Asked in Medical Malpractice for California on Jun 20, 2015

Answered on Jun 20, 2015

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John M DeProspo's answer
A doctor can stop seeing someone as a patient. That is not malpractice. If a doctor abandons a patient in the middle of open heart surgery, that would be a different story.

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Q: If my baby doctor did not follow up with my preclampsia, which caused a 3lb 8 oz birth weight, could i pursue anything?

1 Answer | Asked in Medical Malpractice for Georgia on Feb 7, 2012

Answered on Jun 17, 2015

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Julie A. Rice's answer
More would have to be known about exactly what happened but if the premature birth was a result of the preeclampsia and the condition was not treated in accordance with the standard of care and this caused damage to the baby, then, yes, you could possibly have a case.

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Q: When a lab tech draws blood w/o a doctor's order and w/o the medical p.o.a.'s consent from a dementia pt....is that

1 Answer | Asked in Medical Malpractice for Georgia on Nov 14, 2011

Answered on Jun 17, 2015

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Julie A. Rice's answer
This could possibly amount to battery and you can get the records through a subpoena.

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Q: I was 13 1/2 weeks pregnant went to the emergency room bleeding, my fetus came out, and the nurse put the fetus in trash can.

1 Answer | Asked in Medical Malpractice for Georgia on Jul 30, 2012

Answered on Jun 17, 2015

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Julie A. Rice's answer
I am sorry that this happened to you. Whether the nurses actions prior to the baby's death amount to negligence are unclear from what you have stated in your question. If you suffered from some severe emotional trauma that has been very well documented and you have sought treatment and incurred damages then arguably you could have a case against the nurse and/or the hospital.

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Q: Which District Court and federal appeals courts have jurisdiction in Georgia in malpractice cases?

1 Answer | Asked in Medical Malpractice for Georgia on Aug 26, 2012

Answered on Jun 17, 2015

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Julie A. Rice's answer
What courts have jurisdiction will depend upon many factors such as where the malpractice took place, where the defendant(s) resides, and.or where the defendant(s) insurance company has its legal residence for doing business.

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Q: If a teacher develops mental illness can he or she continue to teach with medication?

1 Answer | Asked in Medical Malpractice for Georgia on Sep 23, 2012

Answered on Jun 17, 2015

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Julie A. Rice's answer
If the medication and its side effects does not hinder the teachers ability to do their job, then the teacher should be allowed to continue to teach. If the teacher can not function or perform his or her duties with our without the medication, then the case deserves further evaluation for the safety of the teacher, the students, the other staff, etc.

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Q: Do I have a case for delayed treatment due to ER Doctors incorrect diagnosis

1 Answer | Asked in Medical Malpractice for Georgia on Jun 30, 2014

Answered on Jun 17, 2015

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Julie A. Rice's answer
You should have your case evaluated by an attorney who specializes in medical malpractice and you don't want to delay since there is only a two (2) year statute of limitations. In Georgia, in Emergency Room cases the Plaintiff must show gross negligence on the part of the ER instead of just negligence but this should not stop you from seeking the opinion of at least one medical malpractice attorney who will review your medical records.

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Q: My mom had laparoscopic gallbladder surgery. She's back in hospital due to bile leakage. She's running a slight temp &

1 Answer | Asked in Medical Malpractice for Georgia on Apr 15, 2015

Answered on Jun 17, 2015

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Julie A. Rice's answer
If you think that there is any malpractice or negligence taking place or has taken place with yourself or a loved one then it is very prudent to contact an attorney who specializes in medical malpractice to evaluate your claim. There is a two (2) year statute of limitations and that is not very long so as soon as you suspect something is a miss, the sooner that you should see the advice of a legal professional who specializes in medical malpractice and it is also ok, and a good idea, to get...

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Q: is there any way the get extension of time to file a lawsuit in California for hospital emergency medical negligence

1 Answer | Asked in Medical Malpractice for California on Jun 10, 2015

Answered on Jun 17, 2015

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John M DeProspo's answer
You did not provide the dates. Are you trying to represent yourself on a medical malpractice case? Very difficult thing to do. Have you consulted with a medical malpractice lawyer in your area?

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Q: Epidural Steroid Injection--If it is done at the wrong vertebrae, is that worth pursuing?

1 Answer | Asked in Medical Malpractice for Minnesota on Jun 15, 2015

Answered on Jun 17, 2015

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John M DeProspo's answer
Have you suffered any serious, irreversible damage? If not, probably not enough damages for a viable medical malpractice claim.

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Q: Do I need a malpractice lawyer if I was treated wrong

1 Answer | Asked in Medical Malpractice for California on Jun 16, 2015

Answered on Jun 17, 2015

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John M DeProspo's answer
You have not provided any information for a lawyer to advise you. Contact a medical malpractice lawyer in your area for a free consultation.

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Q: I had treatment with laser that left my eyebags uneven.

1 Answer | Asked in Medical Malpractice for New Hampshire on Jun 16, 2015

Answered on Jun 17, 2015

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John M DeProspo's answer
Small claims court is not normally a good venue for medical malpractice claims. An attorney would have to see the exact language of any document you signed. Have you tried getting a free consultation from a medical malpractice lawyer in your area?

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Q: I have no ACL due to misdiagnoses by doctor 14 years ago. Said it was sprained, was actually torn. Medical malpractice?

1 Answer | Asked in Medical Malpractice for Georgia on Jun 11, 2015

Answered on Jun 12, 2015

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John M DeProspo's answer
It could be malpractice but your time to sue has long passed. The statute of limitations in your state is two years from the date of injury.

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Q: what is the statute of limitation on medical negligence in hospital emergency room in CALIFORNIA

1 Answer | Asked in Medical Malpractice for California on Jun 5, 2015

Answered on Jun 6, 2015

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John M DeProspo's answer
A medical malpractice case for injury must be brought within one year from the date the claimant discovered the negligent act, but no more than three years from the date of injury. You should contact a medical malpractice lawyer for a free consultation.

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Q: Can I sue a nurse/hospital BC the nurse pocketed some of my pain meds after my surgery instead? My mom as there with me

1 Answer | Asked in Medical Malpractice for Ohio on May 31, 2015

Answered on Jun 3, 2015

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John M DeProspo's answer
Cooperate with the hospital and police. I do not see this as a viable medical malpractice claim. The cost of the litigation would outstrip any potential recovery. Of course, you can contact a medical malpractice lawyer in your area for a free consultation.

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Q: My gyno touched me wrong but I have no proof would I win if I took him to court or sued him?

1 Answer | Asked in Medical Malpractice on May 25, 2015

Answered on Jun 1, 2015

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John M DeProspo's answer
More information would be needed to give you an answer. You should contact a medical malpractice lawyer in your area for a free consultation.

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