I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More 
answered on Sep 26, 2023
If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 19, 2023
Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 16, 2023
You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More
My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.
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answered on Sep 11, 2023
Hi. You may have a case for medical malpractice. Your husband's cancer condition may not absolve the hospital from taking the necessary precautions to avoid pressure ulcers. Give me a call at your convenience to discuss: (718)502-9112. In NY, the statute of limitations for malpractice is... View More
My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.
answered on Sep 7, 2023
Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More
I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More
answered on Aug 25, 2023
Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More
Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.
answered on Jul 28, 2023
Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More
without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More
answered on Jul 21, 2023
First, I'm very sorry for your loss.
As presented, this has the appearance of malpractice not only by the surgeon, but also by the hospital.
There are times when cutting the wrong thing can be defended as a "risk of procedure" but for a post operative patient... View More
without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More
answered on Jun 28, 2023
I'm so sorry for your loss. Unless this physician has a history of harming his patients, it is unlikely that you will get this physician's license suspended. Here's a link I found online for filing such a complaint with the Georgia Composite Medical Board,... View More
without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More
answered on Jun 27, 2023
There may be a civil case and a complaint to the medical board. But before you do anything, Consult with experienced medical malpractice attorneys in the state where this occurred.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another... View More
The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.
I am the Health Care Proxy for the woman in question
answered on Jun 11, 2023
A lawyer could write such a letter, which could hold true for any given case. But law firms will typically want to review the accident details and patient file closely to analyze the cause of the fall and to determine whether measures on the part of the hospital to prevent such a fall were... View More
The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.
I am the Health Care Proxy for the woman in question
answered on Jun 12, 2023
Requesting payment for what reason? As my colleagues correctly advised, it is certainly reasonable (and to be expected) that an attorney will request, in writing, the complete medical chart that relates to a potential client. There is simply no other way to evaluate the merits of a case.... View More
How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... View More
answered on May 17, 2023
Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... View More
In short, I'm a physician in pvt practice. A pt I have treated for years recently scammed a new pt of my practice out of $500. Via txt messages, he assumed the identity of a fictitious member of my office staff and contacted the patient to schedule an appt with myself (referring to me and... View More
answered on May 15, 2023
The perpetrator arguably committed a crime by using your identity to defraud a patient. HIPAA prohibits the disclosure of individually identifiable medical information. One exception to the prohibition, however, is for law enforcement purposes, specifically when necessary to inform law... View More
They put her to sleep did not give her any treatment,her shoulder is out of place and she is a lot of pain ,she need help
answered on May 16, 2023
Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More
The surgery was in Miami
answered on Apr 27, 2023
Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... View More
The surgery was in Miami
answered on Apr 27, 2023
In terms of your question of what you should do, that is an individual decision. Maybe the best way to answer the question is to reach out to attorneys to discuss. Free initial consults are typical in the industry for such cases. My colleagues have raised good points in terms of the extent of harm... View More
When a psychiatrist uses the wrong judgement in prescribing medication
answered on Apr 12, 2023
Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... View More
I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... View More
answered on Mar 22, 2023
If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... View More
They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... View More
answered on Feb 2, 2023
Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... View More
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