Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I want to know if I can sue a plasma donation center for improperly removing a needle from my vein, which caused me to pass out. They checked my vitals afterward and offered low compensation. My arm has bruising, soreness, and nerve damage. What are my legal options?

answered on May 12, 2025
Theoretically, you can file a health care liability claim, but you will need a medical expert to write a report stating how the removal of the needle was done improperly (i.e. in a manner that varied from the "standard of care" of similar health care professionals). In my experience,... View More
I got braces at the age of 14, which were on for two years. Initially, I felt something was wrong, but it became apparent about a year in that my bite was misaligned, my jaw grew lopsided, and my facial bone structure shifted. This has resulted in significant neck, shoulder, and back pain, as well... View More

answered on May 7, 2025
The statute of limitations for a health care liability claim is two years. You, or your parents if you are still a minor, can file a lawsuit against the dentist as long as not more than two years have passed from the date of the dentist's negligent act or omission. It sounds like you became... View More
I underwent a cervical spine fusion surgery covering 3 levels. In July 2024, the surgeon said I needed surgery, and subsequently, I received an MMI rating. However, this rating was retroactively dated to December 2023, even though I had not met the doctor until July 2024. This led to the denial of... View More

answered on May 1, 2025
Yes, MMI can be, and often is, prior to the date of a doctor's visit. The doctor usually determines MMI from a review of your medical records. Obviously, the statutory date of MMI is the last possible date. For example, a doctor in July 2024 could determine from both a review of your... View More
I suffered three facial fractures after donating plasma at CLS Plasma. Despite failing the preliminary vital signs check, I was allowed to donate and was not prevented from leaving the donation booth when I felt dizzy, sweaty, and overheated. I passed out about 15 ft from my booth, resulting in... View More

answered on Apr 28, 2025
It is conceivable that you may have a valid health care liability claim. The advisability of pursuing such a claim depends heavily on the amount of your actual damages. You should anticipate that it will be necessary to hire a medical expert at the beginning of your case to prepare and submit a... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
Is it considered a tort if a dentist fails to provide adequate pain relief following a difficult dental extraction due to a practice policy that prohibits narcotic analgesics? There were no complications during the procedure, but I was advised to take more OTC ibuprofen than the manufacturer's... View More

answered on Mar 31, 2025
It is probably not a tort. The American Dental Association recommends that dentists not prescribe narcotics for pain relief following a tooth extraction.
There are various studies showing that over-the-counter pain relievers like acetaminophen (Tylenol) and ibuprofen (Advil, Motrin)... View More
I was physically sexually harassed during an ultrasound appointment at a doctor's office. I reported the incident via email to the office, and the primary care physician himself called me back. He mentioned that the ultrasound technician has been there for 15 years but did not give me his... View More

answered on Mar 12, 2025
I’m assuming you do not work for this physician.
The term “sexual harassment” in the legal context refers to a particular type of claim arising in the workplace. There really isn’t an independent legal claim for sexual harassment arising outside the employment relationship.... View More
I had a total knee replacement 16 months ago and have been in constant pain ever since. A blood test revealed I'm allergic to nickel, the metal used in the prosthesis. No allergy test was conducted prior to the surgery, and I wasn't informed of any allergy risks or alternative material... View More

answered on Mar 12, 2025
The existence of any legal options depends on the answer to a medical question: Does the standard of care require nickel allergy testing before implanting a medical prosthesis containing nickel?
If the answer to that medical question is “yes,” you may have some legal options.... View More
I suffered a fractured and dislocated ankle, which led to an infection. My doctor prescribed two strong antibiotics to treat this infection. After 5-6 days on these antibiotics, my kidneys crashed to stage 4, leading to a collapse that required emergency medical intervention and dialysis to save my... View More

answered on Mar 5, 2025
It depends. The failure to give any warnings or instructions about potential side effects (which warnings can be verbal but are commonly given in writing with the antibiotics when they are dispensed by the pharmacy) falls below the standard of care if you were conscious. But that failure might or... View More
I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

answered on Feb 28, 2025
I'm truly sorry for the loss of your brother. You deserve to understand whether medical decisions may have contributed to his passing and what legal options exist.
Your situation involves potential wrongful death and medical negligence claims, which require showing healthcare providers... View More
I believe my brother's death may have been due to medical malpractice. My brother, Jimmy Miller from Buda, Texas, was taken to Baylor Scott and White in late July 2024, where he was diagnosed with a heart attack. After an initial doctor's recommendation against placing stents due to high... View More

answered on Feb 28, 2025
You do not have standing to pursue such a claim unless you are appointed as the personal representative of your deceased brother's estate and your brother was single and childless and your parents did not outlive your brother.
Assuming you get appointed as the PR, you will need to take... View More
During a dental procedure for my 3-year-old daughter in Houston, the dentist added 10 additional crowns without my prior consent or notification. This left me confused and upset, as she is very young and I was not given the chance to seek a second opinion from another dentist. What legal steps can... View More

answered on Feb 26, 2025
Dentists are licensed and regulated by the Texas Board of Dental Examiners and are held to meet the standards of care outlined in its rules and regulations. Informed Consent is a primary step before proceeding with any dental procedure. The dentist is required to provide the patient (in your... View More
I had surgery on my hand for corporal Tunnel and trigger finger now my finger won’t make a fist

answered on Jan 14, 2025
The first thing you must do is take all of your relevant medical records to another surgeon in the same medical specialty and who is licensed in Texas to determine if the first surgeon who did your surgery did or failed to do something in breach of the standard of care that is the proximate cause... View More
I had a third degree perineal tear which took three tries to close. The first attempt was after delivery, four weeks later i was stitched in office they reopened within the week. A third attempt was made but i stopped the doctor due to the excruciating pain of it being done in office which is when... View More

answered on Jan 8, 2025
Your "belief" alone is not enough.
Get an examination by a different OB/GYN for the purpose of obtaining a medical opinion whether you were given an extra, medically unnecessary stitch in the procedure to close the perineal tear. If you were in fact given an extra, medically... View More
Misleading fraud accusations defamed computations.

answered on Dec 24, 2024
This does not sound like a patent question.
A "patent" is an exclusive right granted by the U.S. government to an inventor for a new and useful invention. If you are the inventor of a device that deletes medical records, you should discuss this matter with the patent attorney... View More
I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More

answered on Nov 8, 2024
It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

answered on Oct 18, 2024
Maybe but not necessarily.
If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won... View More
Bad drugs and they failed to investigate with my Pharmacy & the Mayo Clinic Drug side effects. I insited on leaving. I found out the Side effects were vey dangerous, which is why I ended up ther in the first place. I still do not have a phone, and this keeps me from doctors and working. This... View More

answered on Sep 22, 2024
With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More
The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

answered on Sep 6, 2024
Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More
The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

answered on Sep 6, 2024
this can be a complication or negligence. Suggest that you obtain medical records asap -- (fastest means for doing so is on the facility's/clinic's website), and seek an attorney who is experienced in medical malpractice asap. You did not state how long ago this occurred, but there is... View More
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