Medical Malpractice Questions & Answers

Q: Can I suse a doctor for misdiagnosis?

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Answered on Jan 19, 2019
Gerald Barry Dorfman's answer
Yes, you may very well have a legitimate medical malpractice claim. You should contact medical malpractice attorneys right away. The statute of limitations is shorter than for regular personal injury claims, and if a public entity is involved there is an even shorter claim filing deadline. Do not wait. These types of cases are difficult to assess and win, and require evaluation by experts. Do not wait.

Q: My question is I fell and broke my toe.. went to the Er had X-rays done and nurse practitioners said no broken toe

1 Answer | Asked in Legal Malpractice and Medical Malpractice for California on
Answered on Jan 17, 2019
William John Light's answer
Unless you have some significant damages from the delay in treatment, there is nothing to do. You have a broken toe whether it was diagnosed at the first ER or the second. Nothing appears to have changed.

Q: Is the hospital responsible for informing next of kin about a family member that is dying while in there care?

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for California on
Answered on Jan 16, 2019
William John Light's answer
I'm unaware of any statutory duty of the hospital to notify next of kin. Further, it appears that your uncle may have asked for no notification based on the "No Family" designation. Finally, the Coroner’s Office has the responsibility of notifying next of kin. https://sites.google.com/site/californiadeathinvestigation/Home/investigation-of-reported-deaths/coroner-operating-policies-and-procedure

Paragraph 14, D, 3 c.

Q: Would you know of any cases where the Plaintiffs couldn't afford medicine and therefore suffered injury?

2 Answers | Asked in Medical Malpractice, Consumer Law and Personal Injury on
Answered on Jan 15, 2019
Timur Akpinar's answer
It could be difficult to build a case upon on this issue alone. If you are doing this in the course of research, you could also look into case law based on insurance coverage, where an injury or condition could be causally related to an insurance denial, based on medical necessity or other reason. You mention international. That could be difficult because insurance coverage tends to be covered by state laws in the U.S., and likely regional laws overseas. If this is about an actual situation...

Q: My mom went in for an outpatient bronchoscope biopsy, she ended up in ICU. I was told a main artery was cut

2 Answers | Asked in Personal Injury and Medical Malpractice for Ohio on
Answered on Jan 13, 2019
Matthew Williams' answer
You should sit down with a lawyer who specializes in medical malpractice.

Q: What is my legal options when my child's doctor has been sitting on a prior-authorization submittal for over a month.

1 Answer | Asked in Medical Malpractice for North Carolina on
Answered on Jan 9, 2019
Peter Munsing's answer
I would speak calmly to the doctor. Doctors are swamped with paper work and it's tough getting another doctor.

Q: My wife recently had an abortion but it was not completely done correct left over tissues were left is the malpractice?

1 Answer | Asked in Legal Malpractice and Medical Malpractice for New Jersey on
Answered on Jan 9, 2019
Peter Munsing's answer
Depends on what happened, the fallout. Short answer: not necessarily. Suggest you contact a member of the NJ Assn for Justice who handles medical cases--they give free consults.

Q: If a physician is retired from seeing patients yet serves as a collaborative physician, is it necessary to carry med-mal

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Jan 9, 2019
Peter Munsing's answer
Generally you would be well advised to get insurance that protects you. I think you need professional negligence consultation given the high cost of insurance & the high cost of exposure or potential exposure.

Q: 3 days ago my mother had an MRI and they put her in knowing she has a cochlear implant. She is now in much pain and..

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Jan 9, 2019
Peter Munsing's answer
Contact a member of the Ga. Trial Lawyers Assn --they give free consults. Don't mention to her ENT that you are doing this--it'll make people worried that they will be involved. She needs to follow up with her ENT ASAP

Q: I have had herina mesh materials implanted in my abdomen and surrounding areas and have experienced extensive pain

1 Answer | Asked in Products Liability and Medical Malpractice for Massachusetts on
Answered on Jan 8, 2019
Peter Munsing's answer
You may have a claim. You'll want to get together the medical records then give me a call and I can give you the names of some attorneys to speak with. Ask for the records to be "electronic" records, on a CD rom--way cheaper than paper.

Q: How many times can a medical professional get a malpractice complaint before losing their license in Florida?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jan 8, 2019
Charles "Kip" Sinclair's answer
Florida has a "Three Strikes" rule, but to get a "strike," the doctor has to lose a malpractice trial and get a judgment against him. Claims don't count unless they go all the way to trial and the doctor loses. Settlements don't count either. Settlements have to be reported to both the Board of Medicine and the National Practitioner Data Bank, but unless the settlement amount is over $100,000, the public can't find out about it. And information from the National Practitioneer Data Bank is...

Q: Need 2 apply 4 Medicaid the form says that getting Medicaid long term svs could affect my Immigration status-Need Help!

2 Answers | Asked in Health Care Law, Immigration Law and Medical Malpractice for Texas on
Answered on Jan 4, 2019
Allen C. Ladd's answer
OK, if your parents became US citizens -- or either one of them did -- before you turned 18, you acquired US citizenship automatically. You need to file Form N-600 to get a Certificate of Citizenship. Check the instructions for the fee-waiver document, Form I-912, to see if you can get the filing fee waived. These forms, and their instructions, are available at a helpful USCIS website, www.uscis.gov/forms. Good luck, friend.

Q: Do you think I have a good chance of winning a lawsuit for medical malpractice and pain and suffering?

2 Answers | Asked in Medical Malpractice for Minnesota on
Answered on Jan 2, 2019
Robert D. Kreisman's answer
The case of medical malpractice is about the negligence which includes damages. Most of these cases are enormously expenses to prosecute. It seems from your description of your possible case that you have made a decent recovery. In my opinion, this would not be a case we would take on. Please don't be discouraged. Perhaps you will find another attorney in your area with a different view. Much depends on how you end up after the ordeal you went through.

Q: When a person fills out a DNR is that kept on record for that patient for future visits?

1 Answer | Asked in Wrongful Death, Health Care Law and Medical Malpractice for California on
Answered on Dec 28, 2018
William John Light's answer
Good question to ask the hospital, the nurses, the doctors. I would imagine that it lasts until revoked, but the hospital will have a more knowledgeable answer.

Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Dec 28, 2018
Mitchell Feldman's answer
You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

Q: Does a doctor break any laws dating a former patient?

1 Answer | Asked in Health Care Law and Medical Malpractice for Maryland on
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?

Off the top of...

Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Answered on Dec 26, 2018
Mitchell Feldman's answer
The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The statutes will spell out the damages available

Who may recover is also spelled out in the wrongful death act as not everyone has a claim for the death of a family member.

Consult an...

Q: If you think you have a malpractice claim what is the first step you should take?

2 Answers | Asked in Medical Malpractice for Virginia on
Answered on Dec 23, 2018
Anthony M. Segura's answer
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 records, the lawyer can assist you with that as well.

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 ?

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Answered on Dec 23, 2018
Anthony M. Segura's answer
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 Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...

Q: A med pro wrote a mental eval with direct lies in it One is obvious enough in court I think: Is that libel/malpractice

1 Answer | Asked in Libel & Slander and Medical Malpractice for Nevada on
Answered on Dec 20, 2018
Joel Gary Selik's answer
It is neither liable or legal malpractice. It may be another tort and you may be able to add your own notes to the record.

Even if we discuss your case further, I will not be your attorney until we both sign a fee agreement. There are strict time deadlines so that you must file your lawsuit in Court or take other action.

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