Lawyers, Answer Questions  & Get Points Log In
Missouri Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I had Dr. Scott put a stimulator in my 5th lumbar they told me that it would stay in my button cheek, we'll it's moved

To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in

Joel Gary Selik
Joel Gary Selik
answered on Apr 15, 2024

If you have doubts on the advice the doctor is giving you, seek out a second opinion.

As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any...
View More

2 Answers | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: My grandpa is on his way in an ambulance to a hospital, for a defective pacemaker. Can they sue the hospital?

He got the pacemaker a month ago, and today he was found with a very low heart rate which shows that the pacemaker was not properly functioning after a month. If this went in noticed, he could have died.

Joel Gary Selik
Joel Gary Selik
answered on Dec 23, 2023

It could be a malpractice case or a case against the manufacturer. More information would be needed.

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Missouri on
Q: I took my 5 yr old son for an annual dentist exam and cleaning. They mixed up kids. He received gas and shots-no consent

I understand that there may not be damage afterwards BUT there should be consequences. I contacted the dental board and waiting to hear back from an attorney. I think anyone with a small child could see my ANGER from this. They drugged my child for NO reason. I’m not the one to sue but in this... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 22, 2023

It absolutely is Malpractice. The issue is, what is the value of the harm.

View More Answers

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I had a neck fusion and disc replacement surgery. Now I’ve lost my voice. Barely a whisper. Can I sue the doctor?
Joel Gary Selik
Joel Gary Selik
answered on Mar 30, 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. Consult with experienced attorneys.

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: went to the er in June 2022 and was diagnosed with dehydration and arthritis I went for problems urinating and hip pain

I went back to work and everything was getting worse I was drinking lots of fluids and urinating started again but my hip and leg kept getting worse I went back and they told me I had osteonecrosis and would have to have a hip replacement after I got copies of both my ct scan results in June it... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2022

A Missouri attorney could advise best, but your post remains open for five weeks. Making a determination of this situation would require a medical opinion. It sounds like you are asserting a theory of failure-to-diagnose, based on your contention that you suffered damages from your osteonecrosis... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: why is it difficult to get a medical malpractice attorney?
Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. As a general matter, the cases are often costly for a law firm to take on. Litigation can go on for years and expert testimony is expensive. That's why many firms are reluctant to take on matters where damages... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: How much does an attorney usually charge to take on a case. For medical malpractice
Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 1, 2021

Because medical negligence cases are so expensive, few plaintiffs pay their attorney by the hour. Rather, most attorneys who practice in this area of law represent clients on a contingency basis, meaning the attorney gets paid from the defendant if the case is a success.

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... View More

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I won a large amount of money 10+ years ago in a cilvil suit. The other side settled out of court.

just as we were at the court house and set to pick a jury. I NEVER GOT PAID.... My attorney 1st said, i had to wait for the appeals to all run out. Then he said the money just disappered. My Attorney is in the top 3 of the top 10 list of ethical Attorneys in the nation. He handles Billion dollar... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Aug 8, 2021

How in the world can there be a meaningful list of the most ethical attorneys in the nation? If your attorney failed to pay you then first contact the attorney and second you can file a bar complaint.

Why didn’t you take action 9 or 10 years ago? I suspect that there is more to the situation.

1 Answer | Asked in Landlord - Tenant and Medical Malpractice for Missouri on
Q: I was wondering if I can only sew the property manager company and not the owner of the building do to harassment

As well as get out of my lease early if needed. I've been the only tentant apporched about smoking on my back porch outside. There was no other tentants told about smoking outside only inside the apartments. Which didn't start happening until My rent wasn't paid that month. Which was... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Mar 30, 2021

Anyone can sue anyone for anything, but it there has been a breach of your written lease, the proper defendant would be the lessor, not the property management company. Harrassment on account of smoking or a dislike of a tenant is not a cognizable cause of action in Missouri. If you were being... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I'm trying to file a malpractice suit and i dont know where to start
Tim Akpinar
Tim Akpinar
answered on Mar 28, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. Given the basic format of this question and answer board, it could be difficult for an attorney to meaningfully advise you. You could reach out to med mal law firms in your area. Most firms that handle such cases offer... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning?

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

To answer requires a review of the medical records. Contact a member of the Missouri Assn for Justice who handles medical carelessness cases. However at her age with a cardiac situation it may be difficult to prove that it was carelessness as opposed to her body not reacting well to surgery, as... View More

1 Answer | Asked in Medical Malpractice and Wrongful Death for Missouri on
Q: My 70yr old mother went in for open heart surgery scheduled 8hr turned into 16hr surgery 2hrs later they went back in

To change out aortic valve they just put in for a smaller one and then there was blockages? She had catheraztion on both sides before surgery? I truely feel they messed up from beginning? My question is ' Is the consideration malpractice for mis diagnoses? And she unfortunately died by... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Feb 8, 2021

I so sorry to hear about your mother. Medical malpractice cases are complicated and difficult. A full gathering of the facts and thorough review of the medical records will be necessary to asses whether you would have a strong wrongful death suit. Most attorneys in the field work on a... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for Missouri on
Q: I took my dog to my vet for concerns, blood tests were taken, they informed me it was hormonal, she passed weeks later

About a month later I had to rush her to the animal hospital for kidney failure, I had to put her to sleep and it’s devastated me and my family . She was only 5, great health and had a good home and we all loved her. This happened about a month ago so I’ve been trying to get over her passing.... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Jan 5, 2021

I'm sorry to hear about your puppy. You posted on a legal page but didn't ask a specific legal question.

If you are wanting to sue the vet, but I doubt you'll find that to be a very good option unless you paid many thousand of dollars for the puppy, our willing to spend...
View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I was givin a ticket by missour highway potrol for a dry an wet vape pin what should i do???
Tim Akpinar
Tim Akpinar
answered on Nov 17, 2020

A Missouri attorney should advise you, but your question remains open for two weeks and time is of the essence in your actions. Depending on what was in the vape pen, you should consider reaching out to a Missouri criminal defense attorney to discuss. This does not appear to be a med mal matter.... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: My 6 month old infant was allowed to roll off of an xray table while being seen in a local ER. Suffering only minor bump

Any possibility of a case due to the xray techs negligence

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2020

I hope your infant is okay. It's possible there could be grounds for a case, but that would depend on what a medical examination shows. Thankfully, the injuries here appear to be minor in nature; I hope that's the extent of it. These cases can be difficult because unlike older claimants,... View More

1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors... View More

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: After surgery my son was screaming BURNING underneath his cast wrapping. A week later he has awful bloody blisters.

My son went into surgery after been shot in his elbow. They had to do surgery and place screws in his elbow and arm. He is wearing a cast. Immediately after the surgery I (his mom) was there and he was screaming it’s BURNING ITS BURning! They thought it was his nerves. A week later while sitting... View More

Tim Akpinar
Tim Akpinar
answered on Aug 5, 2019

I'm sorry for your family's ordeal. To make a meaningful assessment of what happened here, a med mal attorney would need to request the records for your son's surgery and post-op care, and review them with a medical professional. For now, take photos of the blisters and other... View More

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Mom went to her dr multiple times in 2016.Told her she was diabetic.Later xr’d her back said it’s a mess.

Is there a case for medical malpractice? Diagnosed Oct 2017 with metastatic breast cancer in her bones. She died Dec 8, 2018. Her dr never mentioned breast cancer. Her calcium level was dangerously high so our local hospice. Rushed her to st lukes. She was diagnosed then. Her dr only said her back... View More

Todd N. Hendrickson
Todd N. Hendrickson
answered on Feb 20, 2019

It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: i had a turp procedure and the hospital put the IPC bags on my legs but had no pump available. 10 days later a blood clt

they didn't do all they could to prevent the clots do i have a legal case

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on May 28, 2018

Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.