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Alabama Medical Malpractice Questions & Answers
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... Read 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... Read 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... Read 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... Read 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 problems... Read 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 question,... Read 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... Read 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. Taking on a medical...
Read 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... Read 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.

1 Answer | Asked in Medical Malpractice and Personal Injury for Alabama on
Q: In 1998 I had emergency surgery to repair a serious injury to the left side of my face requiring approx 220 stitches

And 4 titanium plates,during this surgery a piece of surgical material was left in me. Do I have the ability to attempt to receive compensation. Can supply more details if needed. The surgeon believed he left no such materials (sponge of some type) and his solution was to refer me to a psychiatrist... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

Contact a member of the Ala Trial Lawyers Assn who handles medical cases. If the surgery found a foreign object you may have a case, if it didn't I don't see a case but you should still get the consult.

Big problem you run into is the statute of limitations.

1 Answer | Asked in Medical Malpractice and Products Liability for Alabama on
Q: Can I get legal help for medicines given to me that doesn't work after being denied meds that do I took for years

I feel abuse raped of quality of life

William Head
William Head answered on Aug 13, 2017

That depends. Federal law has dramatically altered the continued availability of opioids, regardless of past prescriptions. A physician can now lose his or her DEA (drug enforcement administration) license to write prescriptions, for violating federal law.

1 Answer | Asked in Health Care Law and Medical Malpractice for Alabama on
Q: Is it legal for a hospital to have you in a room and after they find out you have no issurance put you in the hall?

Hospital had me put in a room stripped and put in a gown plugged to a machine said the Dr. Will be with me shortly. Nurse came and asked if I had insurance. I said no. They came and took me out of the bed in the room in a gown back side out and moved me to a bed in the hallway gave me a blanket and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 3, 2017

Not illegal. Tacky, but not illegal. Now if they didn't serve you at all, that might be different.

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can I sue a doctor who made me barren, during a simple procedure, in 1984-86? If not, why?

When working with an OBGYN & a fertility specialist in AL, in order to have a baby, nothing seemed to work. I continued to conceive, then miscarry. The OB I stayed with, ended up performing a DNC after a bad miscarrage at home, he found this amusing. He did not order or administer enough anesthesia... Read more »

Mr. James Parrish Coleman
Mr. James Parrish Coleman answered on Feb 16, 2016

The short answer is no. THe statute of limitation has long since run on this.

1 Answer | Asked in Medical Malpractice for Alabama on
Q: what is the statue of limitations for dental malpractice in alabama
Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

Applying statutes of limitations in malpractice cases can be tricky. Talk to a lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Am I able to sue this hospital?

I went to the hospital on a Saturday with pain in my thumb. The ER did X-rays and told me I fractured my thumb and asked me how I injured it. I told them I didn't injure it anywhere, they gave me a splint and told me to see the orthopedic surgeon in 2-3 days. By time I seen the surgeon I had... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

More information is needed to answer. A local medical malpractice lawyer can review and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: The judge told me to find a new Medical Malpractice Attorney urgently for an ongoing case. Time is of the essence!

I have an unusual story, Briefly, I have an ongoing medmal case due to a spinal cord injury caused by malpositioned screws, resulting in a devastating injury called Cauda Equina Syndrome. The 2 sides agree more or less, they were malpositioned, causing the injury. But the defense is obviously... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 11, 2015

You can use the find a lawyer tool on this site, or google, to search for lawyers. Don't delay!

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can a pharmacist call my doctor to have meds changed without my knowledge?
Adam Studnicki
Adam Studnicki answered on Aug 26, 2015

Seems unusual but more information about specifics is needed to answer. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
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1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can I sue the hospital for anything?

Had hernia surgery had perfect hearing before iwent under the anesthesia after surgery woke up deaf in one ear do I have a case and the doctors didnt tell me why or who to see . Seen a ent Nd he said it wAs sudden hearing loss

Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

More information is needed to answer. A local medical malpractice lawyer can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice,...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: how does a mental disability effect the statutue of limitation for the plaintiff for medical malpractice, neglect, hippa
Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

The applications of statutes of limitations can be tricky in medical malpractice cases. Talk to a local medical malpractice lawyer ASAP, who can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: If a epidural was put into the wrong place and caused a stillbirth can i sue

My daughter is in Alabama. Was being prepped for c-section and the tech put the epidural cath in a vein instead of spinal cavity. If there was a high dose of medication put into blood stream that could cause her baby to be stillborn. Heartbeat and movement before epidural was administered.

Adam Studnicki
Adam Studnicki answered on Aug 16, 2015

I am sorry to hear about this. You should talk to an Alabama medical malpractice doctor about whether this constitutes medical malpractice. Generally speaking, at least for my State, a medical malpractice case involves hiring one or more expert witnesses to show that a health care provider's... Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: How do l know if l have to attend hearing arguments when my lawyer has filed a motion to withdraw and the defense wants

to dismiss the case? This is a medmal case, l had bad representation and complained to the judge about legal failures of my lawyer and being forced to sign a settlement agreement l didn't agree with. So l wrote to an objection letter to the judge. The hearing concerns my lawyers motion to... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 10, 2015

It's not clear what's going on and whether the case has been settled. You may wish to consult with another lawyer about your case.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education...
Read more »

1 Answer | Asked in Medical Malpractice for Alabama on
Q: Can I sue my dentist for malpractice in Canada?

I was recently at the dentist and he seemed to be very aggressive towards his hygienist and was swatting his hand away everytime he came close. As this was happening the dentist moved the drill he was using and cut open my lip. It was a fairly deep cut and probably could have needed stitches. It is... Read more »

Adam Studnicki
Adam Studnicki answered on Jul 16, 2015

You'll need to talk to a Canada lawyer about this.

2 Answers | Asked in Medical Malpractice for Alabama on
Q: what is the average attorney fee on a medical malpractice case (nursing home abuse)?
Hal Walker Jr.
Hal Walker Jr. answered on Apr 28, 2015

It varies by the law firm. I have seen anywhere from 40-50 percent.

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