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Georgia Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Can a Dr treating me at the hospital tell my pain management Dr I failed a drug screening or is that covered by hippa
C.Doris Okafor Dike
C.Doris Okafor Dike answered on Aug 9, 2019

Hello, Doctors involved in the treatment of care may share PHI, or protected health information with each other in order to provide the best quality of care to patients. Unless you signed a waiver of some sort physicians may share information regarding their patients to other physicians treating... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: My husband had major back surgery over 2 years ago, and his condition is much worse that prior health.

We had obamacare at the time of surgery, was then dropped, shortly after the surgery so he cannot goto doctor. The dr. Who did surgery was aware of this, and "super billed" the insurance company? Only three months aftercare was performed because of this insurance issue. He is disabled now and I... Read more »

Tim Akpinar
Tim Akpinar answered on May 30, 2019

I do not practice in Georgia, but your question remains open for 4 weeks. Consult with a Georgia med mal attorney who could review the medical history and full surgical and post-op timeline in greater detail. I believe the statute of limitations in Georgia for med mal is two years from the... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: I have been looking for a medical malpractice attorney who would be willing to take my husband's case against the ER

He was not stable when released and I learned the doctor has had settlements before. I would like to know if there is anything I can do? He was released 6/9/15 and returned 6/10/15, got admitted, but has been disabled since then. My concern is that I know personally another person who he did the... Read more »

Robert J. Fleming
Robert J. Fleming answered on Mar 28, 2019

In Georgia, the statute of limitations for medical malpractice is two years from the date of the alleged malpractice. While there are very limited exceptions, this deadline is something that must be met or your right to sue is lost forever. It appears from you question that the statute of... Read more »

2 Answers | Asked in Medical Malpractice for Georgia on
Q: What is being asked of me?

The defense in a malpractice case responded that "plaintiff fails to state a claim upon which relief may be granted and, therefore the Complaint should be dismissed in its entirety." I have not yet submitted the exhibits/facts, only the affidavit from the expert witness. Is that what they are... Read more »

Mitchell Feldman
Mitchell Feldman answered on Mar 7, 2019

This is usually standard verbage many defense put in their answer. Not clear if they answered. Sounds like you are doing this pro-se. I highly suggest you retain counsel if at all possible. If you do have counsel, then, you should discuss this defense asserted and how to respond.

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: How can I get justice when the statute of limitations has passed by?
Tim Akpinar
Tim Akpinar answered on Mar 2, 2019

As a general matter, an attorney could evaluate whether a cause of action might arise on an alternate theory whose statute of limitations is longer. Also as a general matter, an attorney could evaluate if a claimant could fall under certain exceptions based on being a minor or discovery of a... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: 3 days ago my mother had an MRI and they put her in knowing she has a cochlear implant. She is now in much pain and..

The implanted part is now visible as pushing through her skull. They are quickly ordering a cat scan but my question is about recourse. Thank you.

Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP

2 Answers | Asked in Medical Malpractice for Georgia on
Q: What is the legal definition of medical diagnosis?
Peter N. Munsing
Peter N. Munsing answered on Jan 25, 2018

A determination, sometimes in a series of alternatives (differential diagnoses) as to the likely cause of a patient's symtoms.

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3 Answers | Asked in Medical Malpractice, Health Care Law and Personal Injury for Georgia on
Q: How much pressure can a chiropractor legally put on a patient to get a lawyer and sue for pain and suffering?

I was in a car accident and saw a chiropractor. They have twice given me a card for a specific lawyer and strongly encouraged me to sue my insurance company to cover the cost of my treatment and pain/suffering. After receiving what seems to be a very overinflated bill, I spoke with chiropractic... Read more »

William Head
William Head answered on Aug 18, 2017

Your "spider senses" are working very well. There are too many of these folks who "connect" their patients with a lawyer who sues for soft tissue injury.

I'd change to another chiropractor.

I have seen similar instances that started with a "billboard" lawyer sending the person to...
Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Legal Malpractice and Medical Malpractice for Georgia on
Q: Can a police pull you over, ask for you license and registration. And won't tell you why you was stop!

I didn't show my license bc how i was treated. I was pulled over for no reason.forced and he took me out my seat belt. What is my right? But he wrongfully lock me up, with a illness and without my medical attention. He searched the vehicle i was in, and had it towed. And it wasn't mine. He still... Read more »

William Head
William Head answered on Aug 13, 2017

The one fact, of your narrative, that sticks out, is that this was not your vehicle. If there was a legal basis for that pullover (e.g., the owner had an outstanding warrant, the tag was expired, no insurance on the vehicle, etc.) then the officer had the right to stop the vehicle. Once he or she... Read more »

2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Q: I have medical records documenting a fractured arm when my dad was transported by ambulance to the hospital.

My dad was transported from his brother's house to a hospital about 30 minutes away instead of a local hospital that was about 7 minutes away. The medical records states that my dad's arm was fractured at least 20 days prior to an ambulance being called. My dad was not properly cared for in my... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jul 30, 2017

Your question presupposes lots of things that may not be facts, but just conjecture. If your father has been abused by anyone, he has a claim against thst person. You do not.

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1 Answer | Asked in Personal Injury, Wrongful Death, Elder Law and Medical Malpractice for Georgia on
Q: If my siblings and I suspect abuse of our father before his death, will we be able to file a lawsuit?

My dad died 2/20/16 shoulder or arm was fractured in 3 places. When transported to first hospital x-ray was done and see there was a fracture that was about 20 days old. My uncle and his son states that they don't know how it was fractured. After the first hospital told my uncle that it wasn't... Read more »

William Head
William Head answered on Jul 30, 2017

You may not be able to get any lawyer to file suit. The statute of limitations is 2 years. But, with not forensic proof or doctor who saw him to say their fault, you likely lose.

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Seeking first step in tolling statue of limitations

Slip and fall

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 20, 2017

There is no first step in tolling a statute of limitations. For a slip and fall in GA, the statute of limitations is 2 years from date of fall. Things that toll the statute are mental incapacity, not yet being 18 years old and death. There could be others.

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1 Answer | Asked in Products Liability, Medical Malpractice and Legal Malpractice for Georgia on
Q: Can a lawyer go to another law firm without telling they client

In the middle of your case,then the lawfirm they left become your lawyer without you knowing

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

They should notify you, but if the old firm is competent, then I would go with it--it's sometimes tough finding a new lawyer in the middle of a case.

1 Answer | Asked in Business Law, Consumer Law, Health Care Law and Medical Malpractice for Georgia on
Q: Is my case worth going to court for or suing this company to get my money back?

I visited A Preferred Women's Health Center on November 18, 2016 to to get help with an unwanted/unwanted pregnancy. I made my payment to the facility before being seen by a doctor(their policy). They did some blood and urine test on me and later asked me to take have an ultrasound there, which I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

I'm hearing they did what was appropriate. You didn't say what the surgery was. If you think you may have a case contact an attorney that offers free consultations.

1 Answer | Asked in Health Care Law and Medical Malpractice for Georgia on
Q: Kaiser Permanente told me I had allergies and I ended up in the hospital with bronchitis do I have a case ?

After being sick for almost 2 weeks and trying every home remedy and over-the-counter medication with nothing working I went to my doctor at Kaiser. I gave my doctor all of my symptoms. The doctor never performed any tests or did any blood work just looked at my ears and throat and told me I had... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

Not that I can see. Your "stress"isn't an item the law recognizes. You could have had allergic rhinitis which caused chest irritation which resulted in an asthmatic-like brochial distress pattern. There may have been an underlying infection, but it would be more likely to be malpractice to... Read more »

1 Answer | Asked in Medical Malpractice for Georgia on
Q: My BFF was diagnosed but not treated properly at a medical facility in Georgia. Does she have a case?

All they gave her was more anxiety meds for diabetes & now she's had a stroke. Can u help her?

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

She should contact a member of the Ga. Trial Lawyers Assn that handles medical carelessness cases; they give free consults. A lot depends on how she presented to them, and what symptoms she reported or they saw. However, if they told her to follow up with her internist and she didn't, then... Read more »

1 Answer | Asked in Products Liability, Civil Rights and Medical Malpractice for Georgia on
Q: I'm wondering about the possibility of a lawsuit against a prison doctor or a implant company for defective hardware.

The implant had to be removed and I was told by one of the physicians that there were a couple screws loose on the device. I also became infected with staphylococcus and this was a direct result of the treatment rendered.

Peter N. Munsing
Peter N. Munsing answered on Mar 15, 2017

Contact a member of the Ga. Trial Lawyers Assn who handles medical carelessness cases and medical products.

1 Answer | Asked in Products Liability, Medical Malpractice and Patents (Intellectual Property) for Georgia on
Q: What if the lawyer had it done ( with Prjudice in late 2015,but had you thing the case was on going.
Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

I believe you may in that case have a potential case against the attorney.But unlikely they wouldn't tell you unless you had not responded to their letters.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Georgia on
Q: What if your lawyer dismiss your case with Prjudice with out you knowing

it was done in a big case with many other people involed,it happen in 2015 with 3 of my cases and again just last month

Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

Depends on your agreement with him which would spell out what they may and may not do. I would set up an appointment to meet with him in person and review it.

Q: What happens if you are not notified of your case being dismissed
Peter N. Munsing
Peter N. Munsing answered on Feb 15, 2017

You can file a motion ot reopen,which should be done as soon as you find out. Check and see the addresses they used.If you moved, didn't tell people, on you.

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