Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I am concerned about my 78-year-old relative who was heavily sedated during a three-week hospital stay. Despite complaints to both the nursing staff and a case manager about the lack of assistance with feeding, the patient reportedly couldn't swallow due to sedation, leading to severe... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2025
You might have a case for medical malpractice and what we call neglect of an elder or dependent adult. It all depends on proof. Does the debt certificate mention malnutrition and dehydration? Probably not. Frequently in cases like this, the death certificate doesn't mention the actual cause,... View More
On March 11, 2024, I had a total thyroidectomy for substernal goiter, and soon after, started experiencing dysphonia and dyspnea. I have bilateral vocal cord immobility, which causes shortness of breath after any activity and prevents me from returning to work, causing financial stress. As a... View More
answered on Mar 20, 2025
There are many aspects of medical malpractice attorneys look at in evaluating a potential case.
One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.
Also evaluated is did the health care provider... View More
I was misdiagnosed with a fracture in my leg that went undetected for weeks, despite my family's attempts to inform the doctors with relevant medical articles. Due to this delayed diagnosis, I eventually required total hip replacement surgery, which affected my ability to work and participate... View More
answered on Mar 18, 2025
You may have a strong medical malpractice case due to the misdiagnosed fracture that led to a total hip replacement, PTSD, and financial losses. To pursue a claim, consult a malpractice attorney, obtain medical records, and secure expert testimony to prove negligence. Document the doctor's... View More
I had an ingrown toenail treated at an urgent care, where the doctor decided to remove the entire toenail. I'm okay with the initial treatment, but subsequent removals have led to problems with the nail's growth, causing cosmetic issues. After repeated removals over a year and following... View More
answered on Mar 14, 2025
It might be malpractice. 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. Here It is not clear if the medical care was to the standard of care.
Additionally, Malpractice... View More
I am representing myself in arbitration for a medical malpractice case and recently received a report from a medical expert that supports my claim of negligence. Initially, there has been no communication or settlement offers from the opposing party. I have set a monetary figure for the settlement... View More
answered on Mar 14, 2025
Before the conference, you can attempt settlement, but you must be careful not to start too high or end up too low before the conference.
Also, you must have all your legal and factual allegations together. For example, punitive damages are very rare and you should make certain there is a... View More
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
answered on Mar 11, 2025
Failure to obtain consent (informed consent) is a basis for a medical malpractice and medical battery claim.
There are exceptions for:
If the procedure was medically necessary and it had to be right then without an ability to obtain consent.
If the consent papers were... View More
I went into the hospital to have a vaginoplasty division, but the surgeon performed a colpocleisis without my consent, even though there was no reason for it. I have not been able to get the hospital to address the issue at all. What can I do to sue the hospital, given I don't have the money?
answered on Mar 11, 2025
You will need to retain a medical malpractice attorney. If you had recurrent proplapse, colpocleisis might have been the best available option, but it would seem that your surgeon should have obtained consent before proceeding. I review of your medical records by a surgeon and attorney to... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
It might be malpractice. For a malpractice case another doctor will have to testify the first doctor acted below the standard of care. The attorney will communicate with expert doctor's for that opinion.
There are also issues of future harm that are analyzed to determine if a case... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More
I was placed on an involuntary psychiatric hold from 2/27/25 to 3/3/25 due to a psychiatric nurse's falsified statement claiming I attempted an overdose on hypertension medication I don't own and was not suicidal. I was unaware of the hold until the next morning when an ambulance arrived... View More
answered on Mar 5, 2025
You may have a claim for false imprisonment and/or other charges. I suggest you contact a lawyer who handles civil rights cases as soon as you can.
Now, you can prepare a chronological summary of everything that happened to you, naming all the witnesses and their knowledge. Also, keep all... View More
Rayden was born prematurely on 10/03/2023 after a high-risk pregnancy and suffered from undiagnosed congenital conditions, including diabetes, galactosemia, and Waterhouse-Friderichsen syndrome. Despite repeated medical visits, these conditions went untreated, leading to his death. There are... View More
answered on Feb 28, 2025
If your SOL expires in 25-days you need to contact medical malpractice attorneys TODAY! It takes a lot of time to prepare a med-mal lawsuit because these claims are heavily dependent upon the use of medical experts. Search medical malpractice attorneys on Justia and call some atty's for a free... View More
I am seeking legal guidance regarding a potential medical malpractice case related to my emergency C-section, which occurred on 12/02/2024. Initially, I was misdiagnosed as being fully dilated at 10 cm and was encouraged to push, leading to a cord prolapse and resulting in an emergency C-section... View More
answered on Feb 26, 2025
In California, medical malpractice requires proving that the healthcare provider deviated from the standard of care, directly causing harm. The misdiagnosis of cervical dilation, leading to inappropriate pushing and a cord prolapse, could indicate negligence. Additionally, inadequate anesthesia... View More
I am currently suing my doctor for medical malpractice due to a prescription error. The prescription was for Baclofen 20mg, to be taken three times a day. I am 78 years old and suffer from stage three kidney disease, yet Baclofen is contraindicated for patients like me. After two days of taking the... View More
answered on Feb 24, 2025
There are many ways to find expert witnesses. These include asking doctors you know to recommend someone. Searching past cases to see what experts testified. There are also companies that have a roster of experts.
All of these methods, have the same problem that you have run up against.... View More
In September 2024, I consulted with a neurologist because I was experiencing severe difficulties walking and using my arms. Despite providing him with MRI scans of my brain and full spine—which indicated a potential CSF leak with fluid collection—and various medical reports from other doctors,... View More
answered on Feb 24, 2025
To establish malpractice, you must prove that the neurologist breached the standard of care by failing to diagnose or further investigate your CSF leak, that this failure caused harm, and that you suffered damages as a result. Since you ultimately required urgent surgery for a confirmed spinal cord... View More
I underwent three surgeries, one of which resulted in an amputation due to a MRSA infection and sepsis. These complications arose after a mini procedure was performed on an open wound by a physician’s assistant at the doctor's office. Two days later, I was hospitalized with a severe... View More
answered on Feb 21, 2025
No one can answer your question without more information. Lots of people get infections from proper procedures. Sometimes procedures are performed improperly, leading to infections. You will need to get a full set of your medical records (not the patient portal, but the full set), and ask a... View More
I am considering pursuing a wrongful death and malpractice case after the passing of my mother, Margaret Lu, in November 2024. She was admitted to the emergency room and then the hospital, where she was wrongfully administered antibiotics, leading to antibiotic poisoning and severe complications.... View More
answered on Feb 21, 2025
Yes, you can sue. Contact some medical malpractice attorneys to discuss your potential claims. These case require expert testimony that the antibiotic was improper, or negligently administered, and that the antibiotics took your mother's life. Medical malpractice cases are among the hardest... View More
My son has necrosis of the right hip and requires a full hip replacement. He is experiencing significant pain, but doctors refuse to prescribe proper pain medication because he takes Xanax for anxiety, which he has been using for years under prescription. He has allergic reactions to alternative... View More
answered on Feb 21, 2025
Doctors can make medical decisions such as determining not to prescribe one medication with another. This is completely within the doctor's discretion up to the point of malpractice. The solution is to attempt to get a different health care provider.
I was in a car accident due to a DUI and subsequently taken to the hospital, where an x-ray revealed a compression fracture in my L1 vertebra and a fractured heel. Despite these findings, I was immediately released from the hospital and incarcerated overnight. Upon release, my neurologist advised... View More
answered on Feb 19, 2025
You may have a potential negligence case against the hospital if their decision to release you despite serious fractures deviated from the standard of care and caused you harm. Key factors include whether early discharge was medically appropriate, if it led to worsened injuries or unnecessary... View More
I visited a doctor with my son, who was later diagnosed with acute appendicitis. The doctor failed to give a diagnosis, and after the appointment, I went directly to the ER where they performed emergency surgery to remove my son's ruptured appendix. The doctor did not communicate any concerns... View More
answered on Feb 18, 2025
Yes, you may have a medical negligence case in California for failure to diagnose acute appendicitis. If the doctor failed to recognize clear symptoms and did not order appropriate tests, leading to a ruptured appendix and emergency surgery, this could be a breach of the standard of care. You would... View More
My wife was taken to the hospital in an ambulance with severe breathing distress from a viral infection in both lungs and upon arriving at the hospital was not evaluated and assessed and put in the waiting room . After not being seen for at least 45 mins to an hour she called me crying and was... View More
answered on Feb 13, 2025
This is a medical malpractice question with intervening factors and assumption of the risk issues. Contact a few malpractice attorneys for a free consultation. Please note that many experienced med-mal attorneys may not even look at your case because it involves death. California voters have voted... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
