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Pennsylvania Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Pennsylvania on
Q: Why is it hard suing a Dr. for Surgical Malpractice, who works with W.C.?

Was hurt at work, just some bruising, no breaks, no fractures. Plate and screws were rejecting within first hour after surgery. 2 months later, still with infected and now wide open surgical area, the hardware had to be removed or I was going to lose my foot and ankle. The plate and screws were... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 1, 2023

Consult with experienced medical malpractice attorneys in the state where this occurred that do not handle work-comp. That way the attorneys will not be concerned with a conflict with work-comp doctors.

Medical malpractice means that a doctor violated the standard of care. A bad outcome...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Can I sue for complications of Uro-lift surgery?

Had colon surgery in 12/22 . Recently had prostate procedure with Uro-lift implant and now can't or with great pain and discomfort bowl movement. I didn't have these issues before this sury

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

Yes you may have a case. 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 in the state where this occurred.

Due to the nature of...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Misdiagnosis of psoriasis when it was skin cancer led to surgery on my scalp and significant hair loss.

The PA who treated me said I had psoriasis on my scalp and prescribed a steroid. No biopsy was done. It didn't clear up, and I went to a different practice for my next body check. That Dr. said it's not psoriasis, took a biopsy and found it to be squamous cell carcinoma. It had been... View More

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends on whether the PA’s fell below the standard of care in the PA’s area of practice.

One study found PAs in a dermatology practice are more likely to order skin biopsies than dermatologists and that PAs diagnose fewer melanomas in situ, suggesting the accuracy of PAs may be...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Misdiagnosis of psoriasis when it was skin cancer led to surgery on my scalp and significant hair loss.

The PA who treated me said I had psoriasis on my scalp and prescribed a steroid. No biopsy was done. It didn't clear up, and I went to a different practice for my next body check. That Dr. said it's not psoriasis, took a biopsy and found it to be squamous cell carcinoma. It had been... View More

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

You have a potential case. 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.

Due to the nature of medical malpractice cases, the extent of your injuries may effect the...
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Q: Second opinion doctor finds I'm not at MMI and need revision surgery after MRI is misread by radiologist and 1st doctor

Year and a half delay for revision do to adjuster ordered a 3rd opinion 3 months later what to do?

Timothy Belt
Timothy Belt
answered on Mar 23, 2024

If you have an attorney discuss this problem with them. If you do not have an attorney, you really should obtain one. There may be ways to move your treatment forward more quickly despite the adjuster.

2 Answers | Asked in Workers' Compensation, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Can a lawyer and a doctor give false information to the judge which includes a false timeline and misdated photos to

Stop your workmen's comp payments and claim your at MMI? I proved to the judge That the timeline the photos and my injury still needed treatment.can I file a case against the defense attorney and my workmen's comp doctor that tried to be a private investigator and also wanted me charged with fraud?

James L. Arrasmith
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answered on Mar 22, 2024

If you believe that your lawyer and doctor have intentionally provided false information in a legal setting, it's critical to address this issue seriously. Both legal and medical professionals are bound by ethical standards that prohibit dishonesty and misconduct. If these standards are... View More

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1 Answer | Asked in Workers' Compensation, Insurance Bad Faith and Medical Malpractice for Pennsylvania on
Q: I was diagnosed with severe bilateral carpal tunnel by workmen's comp specialist went back to spine surgeon he felt my c

Cervical spine was why I had pain numbness in both hands ask about carpal tunnel he said he would address that after Anterior 567 fusion surgery? Never happened he then did a c3c4 mobi disc replacement.out at MMI? Still have sever numbness a pain and adjuster denying treatment for carpal tunnel?... View More

Glenn Neiman
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answered on Mar 22, 2024

As we so often say, you should consult with an attorney certified as a specialist in workers' compensation law (whether my firm or another of the fine attorneys on this board). If the doctor is saying the carpal tunnel syndrome is related to the work injury, there may need to be litigation to... View More

1 Answer | Asked in Medical Malpractice and Workers' Compensation for Pennsylvania on
Q: I was wrongfully found to be at MMI by treating doctor as I was still in pain from my injuries and found to be not fuse

Adjuster ordered new MRI upon reading my results radiologist says I'm post cervical c3457 fusion surgery with no stenosis at any level a unremarkable exam?I followed up with the second opinion doctor the adjuster sent me to and provided him with a copy of disc He was only giving a report of... View More

Glenn Neiman
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answered on Mar 22, 2024

I can answer half of your question - my firm only handles workers' compensation matters, so I cannot comment on any medical malpractice issues. As to workers' compensation, it matters greatly whether you are actually at Maximal Medical Improvement (MMI). A finding of MMI can lead to a... View More

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: How can I find out if my surgeon has been sued for malpractice before?
John Michael Frick
John Michael Frick
answered on Nov 10, 2023

Run a search by the surgeon's name in the court records of any county where he has practiced in the past.

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Pennsylvania on
Q: Can I sue a hospital for continuing to employ an NURSE convicted of corruption of minors in ER HANDLING MY CHILD

The nurse that took care of my 2 yr old child in Montrose er Pennsylvania on march 27 2023 had previously been convicted in JUNE 2022 of corruption of minors and indecent assault.

I want to sue the hospital and administration for negligence n allowing my child to be in physical contact... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 4, 2023

If there was improper contact with your child there is a valid lawsuit.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I found out over a week ago I have type 2 diabetes. No one inform me from doctor office did a test a year ago.
Joel Gary Selik
Joel Gary Selik
answered on Aug 14, 2023

The initial question is, assuming it was malpractice, what damages or harm did you have for the failure. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case. Consult with experienced attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: An attorney said he would review my case for medical malpractice but I have not heard back after sending him my records.

It has been a little over a week since he got my records. Is this standard?

Joel Gary Selik
Joel Gary Selik
answered on Jun 11, 2023

A week or more would not be unusual. Make sure you know the statute of limitations to make sure you have time. Also, ask the attorney when you may expect to hear from him or her.

1 Answer | Asked in Insurance Defense, Legal Malpractice and Medical Malpractice for Pennsylvania on
Q: How can you sue a cosmetic surgeon if he doesn’t have malpractice insurance?
Joel Gary Selik
Joel Gary Selik
answered on Apr 10, 2023

You can still sue, you will have to go after the doctor's assets and not his insurance.

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Pennsylvania on
Q: I had a incident in a prison from not being medicated and had a seizure and was denied medical befor it happened

I had a seizure in prison because medical wasn’t medicating and they knew that I had seizures and even verified it thru my pharmacy and a week and a half later I had a seizure and I told the officer 3 time in the middle of the night that I needed medical attention and he would not call medical... View More

Ashley E. Killeen
Ashley E. Killeen
answered on Dec 24, 2022

You may potentially have a case, you should speak to a personal injury lawyer and/or a civil rights attorney to discuss the details of your specific fact pattern to see if it is viable to pursue. Best of luck.

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for Pennsylvania on
Q: If a hospital gave a wrong diagnosis and didn’t find an infection that led to death can they be held liable?

My Dad had Melanoma skin cancer and was on the medicine Eliquis where his whole body was covered in rashes, they told him it wasn’t the medicine and it continued to get worse. The hospitals didn’t wrap the infections and let him go with over the counter cream. In which turned into... View More

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your father. The best way to answer your question would be to reach out to med mal law firms to try to arrange a free initial consult. That's the norm in the industry with... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Pennsylvania on
Q: I was intubated at A local Hospital on 3/15/2022 and as of 5/26/22 my voice has not returned.

The above box will not accept additional typing?

The intubation was done by a nurse anesthetist. It may (or may not) have been his first day! Since then, my voice is raspy/whispering without strength or volume behind it. All of my current drs have said I need to have it checked by a... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal with the hospital. In terms of your question of whether you have a valid case to pursue, it would be difficult for an attorney to offer an opinion. You could reach out to med mal law... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Pennsylvania on
Q: For Pennsylvania, is there a limit on the number of questions that can be asked in an interrogatory?

To include all sub parts of questions, for the Court of Common Pleas.

Timothy Kraeer
Timothy Kraeer
answered on Feb 9, 2022

There isn't a numbered limit in the Pennsylvania Rules, but some counties will limit the number of questions in their local rules. Philadelphia is one such county for example. Check the local rules of civil procedure in whatever county the case is filed. Best of luck.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I had a nose surgery and the doctor caused me to have a anatomically narrow angle of the eye. Can I sue ??
Tim Akpinar
Tim Akpinar
answered on Jun 25, 2021

A Pennsylvania attorney could advise best, but your post remains open for three weeks. But it would be difficult for an attorney from ANY state to offer meaningful input based on this limited information. To answer your question, you're going to need to reach out to med mal attorneys in... View More

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Ryan L Hyde
Ryan L Hyde
answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... View More

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... View More

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... View More

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