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Virginia Medical Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof
F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: This is not working. At the end of this line of type it won't allow spacing or going on to the next line of type.

Who is held responsible for the duration of a Foley catheter being in a male patient? The patient? or the doctor? My urethra has to be damaged on the 16th of January, for a urodynamics test. The catheter was installed on November 29th. I bled perhaps a quarter cup of blood and I am in pain. I was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

Write down what happened when, who said what to who when before you forget. Focus on getting well, and you don't want to give anyone an idea that you would possibly sue anyone--otherwise the doctors you need will shy away, for worry they'll be "dragged into a malpractice case." Then contact a... Read more »

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2 Answers | Asked in Medical Malpractice for Virginia on
Q: If you think you have a malpractice claim what is the first step you should take?
Anthony M. Segura
Anthony M. Segura answered on Dec 23, 2018

The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the... Read more »

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... Read more »

Anthony M. Segura
Anthony M. Segura answered on Dec 23, 2018

I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on... Read more »

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1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

I believe that his issues are as a direct result of malpractice on the part of the memory care community in which he was living. At the suggestion of the care manager at the hospital, I contacted the Fredericksburg Adult Protective Services and the Va State Dept. of Licensing. She also suggested... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Dec 12, 2018

I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: What types of compensation would I be entitled to if I discovered a doctor left an item in me after surgery?
Rich Nagle
Rich Nagle answered on Sep 26, 2018

The compensation amount would be determined in part by the severity of the injury/complications caused by the offending item. Please feel free to contact me at 703-871-5060 to discuss.

Rich Nagle

2 Answers | Asked in Medical Malpractice for Virginia on
Q: My brother was prescribed the wrong medication and is now in kidney failure. Should I contact the hospital or attorney?
Rich Nagle
Rich Nagle answered on Aug 24, 2018

My advice is that you contact a medical malpractice lawyer.

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1 Answer | Asked in Medical Malpractice for Virginia on
Q: We feel the doctor waited too long to do the c-section and our baby has birth injuries - what is the next step?
Rich Nagle
Rich Nagle answered on Jul 30, 2018

You should contact a lawyer who specializes in birth injury cases. I am happy to speak with you regarding the claim as I have handled dozens of birth injury claims in my career. www.trialhawk.com

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.
Jan F Hoen
Jan F Hoen answered on Apr 6, 2018

You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: My sister had a procedure that rendered her infertile.

The doctors did not properly explain that this was a possible side effect. Does this constitute malpractice even though the surgery went well otherwise?

Rich Nagle
Rich Nagle answered on Feb 23, 2018

Maybe. If the risk of infertility was not disclosed but under the prevailing standard of care a reasonable physician would have done so and if your sister would have declined the procedure had she been so warned the elements would be in oplacw for a successful med mal claim.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I am applying for medical malpractice insurance. What qualifies as "mental impairment"?

The question is: "Have you ever been diagnosed with, or treated for, alcoholism, drug addiction, or mental or physical impairment

or anger management? " and if you answer yes, the subsequent question is "Explain and provide dates and locations of all treatment or evaluations as well as... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

Depends on the issue. Ask the insurer for the definitions.

The follow up seems to mean any treatment during the impairment period--who were the providers, who was the treating physician or clinician.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: if my oral surgeon extracted the wrong tooth, then falsified my medical records, do I have a case
Rich Nagle
Rich Nagle answered on Feb 19, 2018

The short answer is you likely have a claim although the value of the claim from a settlement/jury award perspective may not be significant. A closer review of the facts would reveal the extent of the damages and, hence, the potential value of your claim.

2 Answers | Asked in Medical Malpractice for Virginia on
Q: Can I sue doctor and hospital? Doctor did not do surgery correctly.

I need to have surgery again because doctor did not do surgery correctly. I have difficulty walking due to severe pain and swelling in my foot and leg. I use a power chair for mobility most of the time.

Rich Nagle
Rich Nagle answered on Feb 14, 2018

Yes if there was substandard care provided. Consultation with an attorney will shed light on that question.

www.trialhawk.com

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1 Answer | Asked in Insurance Defense and Medical Malpractice for Virginia on
Q: Hello, my daughter was born with a cleft lip and gum line. Do we have cause to not pay out of pocket for her surgeries?
Rich Nagle
Rich Nagle answered on Feb 14, 2018

That depends on whether or not there was a breach of medical standards of care. Do you have reason to believe inappropriate care was given? If so consultation with a lawyer to review your claim would be the next step. www.trialhawk.com.

1 Answer | Asked in Consumer Law and Medical Malpractice for Virginia on
Q: Can they do this?

I recently received a letter from my chiropractic group telling me that my particular doctor was no longer with the group. It also informed me that they had reviewed my records and were “discharging me from the practice”. I would no longer be able to see any of their doctors, effectively... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

Maybe find out what the problem is so that if it's a way you present you can avoid problems in the future. A physician can chose who they will see. There are many other chiropractors out there, many of them good. Try another.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I was diagnosed with a sprain after xrays was done and after 2 months I was sent to a specialist because of the pain

the specialist found I had a broken bone after second set of xrays. Do I have a case against 1st doctor that said I had a sprain.

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

Not unless it was something so clear on an x ray it couldn't have been seen. Assuming your limb didn't swell up significantly, it could have looked like a sprain, acted like a sprain, but wasn't . This is especially true of "occult" fractures which aren't magic, just very think and hide well in... Read more »

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

I would like to know if its legal in Virginia to have hidden cameras in the Emergency Room private exam rooms ? I know when you sign into the ER you have to consent to many forms. Not sure of this may include consenting to having your rights violated in a room you expect to have privacy in with... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 5, 2017

Given the level of violence in ER's not likely it is a violation.

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: My daughter has liver damage cause by a methyldopa. Does she have grounds for medical malpractice?

Methyldopa was prescribed for hypertension February 2017. She constantly paid for repeat doctor visits complaining of body weakness, nausea and achy joints. Doctor advised nothing was wrong. She finally went to the emergency room where she was diagnosed with acute hepatitis and referred to a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Was the cirrhosis caused by or merely made worse by the drug? Contact a member of the Va. Trial Lawyers Assn that handles medical cases--they give free consults.

1 Answer | Asked in Medical Malpractice and Car Accidents for Virginia on
Q: Can you get a ticket after a accident ?

I was coming around a blind turn roads wet truck in road but in grass four ways on blocking a car in a ditch a SUV on lEdit parked with no four ways light on coming around the turn wet roads truck won't stop was sliding into the SUV so I went off the end bank so I wouldn't hit the SUV no tickets... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2017

Possible but unlikely. If you do plead not guilty.

However, possible one of the others may be responsible for your damages. Why not contact a member of the Va. Trial Lawyers Assn? They give free consults.

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