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Alabama Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I injured my hip 4 years ago and I had surgery well the blood was compromised going to the bone and they told that it

Look good . Well the bone fell apart and I went to see them last week and he supose to set up appointment for surgery that same afternoon and I haven’t herd anything and they want answer any of my messages

Tim Akpinar
Tim Akpinar
answered on Apr 1, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal. You may have already succeeded in arranging for emergency surgery by now, but if not, one option is to reach out to a law firm to try to set up free initial consult to discuss. You... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: I have a question about medicall malpractice. I had fluid removed from my knee. The Dr did not use an alcohol swab.

The Dr removed 12 cc of clear liquid, my leg did not hurt me it was a fluid pocket. I noticed he didn't use s swab but I thought maybe it was a new type of syringe. 2 days later I was in pain, and knee was huge. I called the Dr and he said, weekend go to the emergency room. I did and monday... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 21, 2023

You have a potential medical malpractice case. The first issue is, did the doctor act below the standard of care. While this generally must be testified to by another doctor, it appears clear, here, that a shot without skin cleaning is below the standard of care. The next question that must be... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Can you file negligence when a hospital sends a pt home then they are rehospitalized requiring emergency surgery?

My husband was seen in the ER over New Years Eve. He was having severe chest and stomach pain. He is a type 2 diabetic. His sugars were in the high 700 range, he was given medicine for his chest and stomach pain and given insulin and an iv solution for his sugars. They never did an xray or... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 18, 2023

Medical 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.

Further, Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Are there any lawyers in Alabama that are taking medical negligence cases that happened during the pandemic?
Hayden Glass Sizemore
Hayden Glass Sizemore
answered on Dec 30, 2022

Hi, there are specific statutes of limitations that apply to negligence claims. Most claims must be filed within two years of the injury. If your injury is more than two years old, you may not be able to file a lawsuit. Whether you can pursue damages for the negligence will depend upon the date of... View More

1 Answer | Asked in Consumer Law, Civil Rights, Health Care Law and Medical Malpractice for Alabama on
Q: I have a case, but it is not lucrative enough for an attorney to accept, what are my options to see it through?

I am highly educated and I am fully aware of my civil rights. I know that I have been treated differently due to my disability. Having endured multiple discriminatory and abusive encounters with the same company and same manager at that company, then fell victim to an attempt at intimidation by... View More

John Michael Frick
John Michael Frick
answered on Sep 5, 2023

You legally can represent yourself in legal proceedings.

It’s not a great idea, and the overwhelming majority of pro se litigants lose. Even most lawyers don’t represent themselves for very good reasons.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Alabama on
Q: Can you sue a pain management clinic for getting your urine results wrong and accusing you of taking controlled substanc

I took a drug test for my pain specialist and she accused me of taking other medication that I never heard of and said they would kick me out , but 5 hours later i had drug test for a job and all of those results where negative. The pain specialist had someway mixed up my urine with someone else.

Joel Gary Selik
Joel Gary Selik
answered on Aug 14, 2023

Yes it is a potential case. The issue is that 5 hours of distress does not likely warrant a lawsuit.

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: Is a hospital liable if I fell out of a hospital bed on the floor after surgery and had a hypoxic brain injury?

I came back from emergency surgery from nasal cauterization and the top bed rail was left down. I had just been placed in the step down unit from coming out of a medically induced coma due to Covid 19. I was recovering very well but could not not walk or sit up in the bed without help and I was... View More

Johnny Adams
Johnny Adams
answered on Jan 3, 2023

Yes, this may be a medical malpractice claim.

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: can 2 firms perform a potential med mal case-?my statute of limitations is in sept- and i have 2 good firms interested

while they perform they investigation the statute will run out and if one of them doesnt pursue the case for any reason, id like to give the other the chance to look at the facts and maybe take the case- But i dont want to create any issues or trouble..

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. Your concern about the looming statute of limitations issue is valid. We are in mid-June and there is the matter of retrieving records and reviewing them without delay, depending on the schedules of medical... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for Alabama on
Q: Mother was in hospital then moved to a rehab facility. When D/C'd home, had unstageable pressure ulcer w/ necrosis...

and bone exposure. She had L4 Laminectomy at this time. Surgeon's Post-op notes states she had purposeful movement in ALL 4 extremities but came home as paraplegic w/ incontinence bowel/bladder, and sacral wound as described above. Mom lived alone previously. I work full-time as a nurse and... View More

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

An Alabama attorney could advise best, but your question remains open for two weeks. I'm sorry you are in this very difficult position. This is not a question that can be answered in the brief format of this Q & A Forum. It is a complex matter, and your post raises multiple issues. In... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: judge dismiss case before virtual hearing today. can i appeal this decision.

the decision was done at 10:03 am 3-29-2021. my hearing was for 3-29-2021 at 10:15am. for some reason at 10:11 am I could not get through to the virtual hearing with my meeting ID#. I tried several times. Please let me know if I can appeal this decision. I wasn't given a chance to defend my... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2021

An Alabama attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys to review the matter. As a GENERAL matter in most jurisdictions, an attorney would want to know whether the... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Spinal injury from epidural.

Ok so I had my 6th baby a year ago. Was in labor for 16 hours with the epidural. When that 16 hours hit I started to have a weird head attack to where I could breathe and my head was throbbing pain. I begged the nurse and doctor to perform a c section because I knew I was about to give out. They... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2020

An Alabama attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. Only a medical professional could meaningfully comment on your symptoms. You could contact Alabama med mad attorneys to discuss the matter in further detail. If they felt that you... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: In 2012 my surgeon performed neck surgery. I have been in pain since. Just finding out it was performed incorrectly.

I stayed in constant pain but he knew. He kept me under care for over 2 yrs. on meds & therapy. I have now moved & under another dr. that showed xrays & said dr. didn't perform surgery in the past correctly & now may have to have another 1 to correct the problem. The dr. I have... View More

Tim Akpinar
Tim Akpinar
answered on Jul 18, 2020

An Alabama attorney could advise best, but your question remains open for three weeks. Some jurisdictions observe what is a called a "discovery rule" in med mal cases, where the statute of limitations is determined by discovery of a condition or injury that constitutes medical... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: I"m Looking for a Ala Law firm that already rep clients over Drug BACLOFEN, where are how can i find this information .
Tim Akpinar
Tim Akpinar
answered on May 22, 2020

You could start by looking for law firms that handle pharmaceutical lawsuits or product liability lawsuits. You could also look for firms that handle class-action or multi-district litigation, as pharmaceutical drug cases tend to involve multiple plaintiffs. You could also search for firms using... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can I sue a pain doctor for closing his practice with out notice
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2019

An Alabama attorney would know best as to any state-specific aspects of your question, but it remains open for three weeks. As a general matter, it doesn't appear to have the basis for a claim. A patient could seek treatment elsewhere. And if there was an emergency, the point of first response... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: My mom is a high risk patient & underwent a risky surgery due to misdiagnosis. The problem is back. Is this malpractice?

My mom is a high risk patient with a complicated health history. Just recently she had stents added to her legs for circulation and was told that she would be okay to drive the next day. She was in a car accident and had to be brought back into the hospital. The doctor gave advice to a patient who... View More

Tim Akpinar
Tim Akpinar
answered on Jun 18, 2019

You are correct. This is a very complex medical history and file. A med mal attorney could have a difficult time in making a determination here without examining patient chart and medical history in greater detail. The best place to start would be to contact med mal attorneys in Alabama (mentioned... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: I fell at work about 3-4 months ago landing on my right hip and tailbone.

After a trip to the ER they determined I had brusied my tailbone. after months of hip pain, it became went to the doctor today and after 8 xray images, they called and said that i had a healed fractured hipbone. i was never aware that i had a fractured hipbone or any fractures. now always in pain... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2019

It's possible; if you consult with an Alabama med mal attorney, they will likely want to review the medical file in greater detail to determine the severity of the hip damage and to thoroughly assess damages that materialized out of not diagnosing it at the time of the fall.

Tim Akpinar

1 Answer | Asked in Health Care Law, Medical Malpractice and Nursing Home Abuse for Alabama on
Q: Can I sue a rehab/ nursing facility for negligence?

Upon being released from hospital My mother was sent to a rehab facility. She has been there for 6days. Since there my mother has difficulty breathing, the nurses that administer her meds would asked her if she's ok or if they can get her anything she'd say no and that she's having... View More

Greg Foster
Greg Foster
answered on Feb 17, 2018

I am very sorry that your mother has been in distress after arriving at a nursing home / rehabilitation facility. Based on the scenario you have presented, it appears that there may be some issues related to the timeliness and appropriateness of your mother's care. To fully answer your... View More

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Does person filing medical malpractice lawsuit in Al have to remain a homeowner in Al?

The lawyers @the firm who wanted to take case say the person filing (mom) must must remain a homeowner at her current home. Father and mother were getting ready to move to a different state when he had medical emergency and died in the hospital.Now she is being told she must remain in her house in... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2018

What they probably want to avoid is it seeming like the hospital is being sued by an "ousider" or , more likely, they want to avoid the case being "removed" to Federal Court.

It makes sense for your mom --and you--to sit down with the lawyers, understand their concerns....
View More

1 Answer | Asked in Personal Injury, Employment Discrimination and Medical Malpractice for Alabama on
Q: If I believe I have a case against a doctor for over prescribing opioid pain medication and benzodiazepines, what's next

From aprox 2005 thru 2014 I was prescribed high doses of hydrocodone, oxycodone, and benzodiazepines by same doctor. At one time receiving demoral injections if requested.

These injections were stopped.

Supposedly, said doctor and wife at time, were injecting themselves with... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

Problem in your case will be the statute of limitations. Look for an attorney member of the Ala. Assn for Justice who handles medical cases--they give free consults.

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