Medical Malpractice Questions & Answers

Q: How do I track down the attorney that settled my suit out of court?

1 Answer | Asked in Consumer Law, Personal Injury, Legal Malpractice and Medical Malpractice for Washington on
Answered on Feb 22, 2019
Timur Akpinar's answer
As a starting point, one option could be to contact Washington Courts (https://www.courts.wa.gov/) and ask them about any case information they might maintain. There are a number of legal tools for searching state and federal databases (some of these charge fees for their use); these might be useful as well. If the matter was in suit (with an index no.), that could make the chances of finding it more likely.

Tim Akpinar

Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Pennsylvania on
Answered on Feb 21, 2019
Mark Scoblionko's answer
You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request assistance to do the search.

Q: Mom went to her dr multiple times in 2016.Told her she was diabetic.Later xr’d her back said it’s a mess.

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Feb 20, 2019
Todd N. Hendrickson's answer
It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?

Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

3 Answers | Asked in Medical Malpractice for Florida on
Answered on Feb 18, 2019
Mitchell Feldman's answer
you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a surviving spouse you are entitled to your damages, and thus again, you will be essentially the plaintiff who is to be awarded damages under the wrongful death statute (and others if they qualify as...

Q: If you tell a doctor you think they overlooked a medical condition what should they do.

1 Answer | Asked in Medical Malpractice for California on
Answered on Feb 14, 2019
Timur Akpinar's answer
Individual doctors could handle the information differently. Some might order tests based on the new information. Some might include the information in their chart notes. Some might make a mental note of it or mention it to other treating staff. It could depend on the doctor, the scope of the information, and the relevance the doctor feels the information has to the condition at hand.

Tim Akpinar

Q: I am wondering if you can recommend a medical expert for a case

1 Answer | Asked in Medical Malpractice for Kentucky on
Answered on Feb 11, 2019
Timur Akpinar's answer
You could conduct a few basic internet searches for medical experts in your state. If you've already retained an attorney, you could also check with them as to whether they already have someone in mind who is well-versed in the particular issues that arise in your case. Your attorney might have insight into the knowledge, reputation, reliability, and cost of experts regularly used in the region.

Tim Akpinar

Q: Can I sue Massage Envy for damaging my face with a chemical peel? My face is 10x worse since my first visit.

1 Answer | Asked in Medical Malpractice for New Jersey on
Answered on Feb 7, 2019
Marc S. Berman's answer
I’m so sorry to hear about your experience. I would need more details, and before and after photos of your face, to answer your question properly. You should consult an experienced New Jersey personal injury attorney immediately for a free consultation. You can easily find one of us on Justia.com. You must take proper legal action in time to preserve your rights, or you will be forever barred from recovering compensation. Good luck.

Q: , my boyfriend is being accused of assault on a empoyee form the Sjch in stocktyon. No assault was committed

1 Answer | Asked in Criminal Law and Medical Malpractice for California on
Answered on Feb 7, 2019
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....

Q: Can i sue in federal court for med. malpractice. I can not get a lawyer to take case because of venue

2 Answers | Asked in Medical Malpractice for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
If it's surgical devices try attorney James Ronca in Philadelphia. If it's in the western part of the state consult attorney Jason Matzus. They give free consults--feel free to use my name.

You can only use Federal Court if you and the other party are citizens of different states. As some of your defendnats may be in state I'm not seeing Federal Jurisdiction.

Q: My husband is being told that he must be transferred to a scaled nursing facility

1 Answer | Asked in Health Care Law, Libel & Slander and Medical Malpractice for Pennsylvania on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Contact the hospitals patient advocate and your family doctor.

Q: I had 2 hernia repairs since colon cancer surgery in 2014. Now I have been diagnosed with another hernia. Can I sue?

2 Answers | Asked in Medical Malpractice and Personal Injury for New Mexico on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Possibly though much depends on the situation of the tissue following the cancer surgery etc.

Contact attorney James Ronca in Philadelphia. You may use my name.

Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

Q: Would I still have a case?how much time do I have before I can no longer try for a case?

2 Answers | Asked in Personal Injury and Medical Malpractice for Texas on
Answered on Feb 4, 2019
Daniel John Christensen's answer
I am very sorry to hear about what happened to you. Assuming this happened in Texas, you would have up to two years from the date of the incident to bring a negligence claim against the hospital or responsible medical care providers. You should know that these cases can be very complicated. Assuming what you experienced was medical malpractice, there are special rules governing that type of claim. I would encourage you to contact a Board-Certified Personal Injury Trial Lawyer like DC Law as...

Q: Can I hold the VA responsible for not healing properly from a surgery in 2012 - I have numbness on the surgical line

1 Answer | Asked in Medical Malpractice for Michigan on
Answered on Feb 3, 2019
Brent T. Geers' answer
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....

Q: Been under a cardioligest care for 5 years had my second Heart Attack this sunday but im supposed to be fine.

1 Answer | Asked in Personal Injury and Medical Malpractice on
Answered on Feb 1, 2019
Timur Akpinar's answer
I wish you a healthy recovery from your heart attack. There didn't appear to be a question here. If your question is in regard to failure to diagnose blockage and the role that could have played in the second heart attack, you could consult with a Texas malpractice attorney who might be able to provide more detailed guidance after reviewing your medical records.

Tim Akpinar

Q: the federal court asked for an amended complaint. do i need my exhibits to submit the amended complaint?

2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for California on
Answered on Jan 29, 2019
Dale S. Gribow's answer
more info needed.

if you have a good accident case a PI lawyer will take it on a contingency so there is no cost to you.

if no one takes it that is a clue that the case may not be that strong.

call more lawyer

Q: Do doctors have authority to involuntarily treat you for suicidal ideations

1 Answer | Asked in Personal Injury and Medical Malpractice for Louisiana on
Answered on Jan 24, 2019
Ellen Cronin Badeaux's answer
Matter of fact they are required to do so.

Q: 62 y old, prescribed very high doses of 2 strong opioid medications for over 7y. MD gave 60 days to stop. I need help.

1 Answer | Asked in Medical Malpractice and Personal Injury for Ohio on
Answered on Jan 23, 2019
Peter N. Munsing's answer
First you can't force a doctor to treat you. Suggest you look for a clinic and see if there is a health advisor who can tell you about the resources you have. My understanding--and I am not a doctor--is that you will not die. You may have a number of issues but death is not necessarily one of these. If you are a veteran, see if the VA hospital can help you. Then contact a member of the Ohio Assn for Justice who handles elder care issues. Your's may not be eldercare, but the issues you have...

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.

2 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Answered on Jan 23, 2019
Peter N. Munsing's answer
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 member of the Va. Trial Lawyers Assn who handles malpractice cases in your county. They give free consults.

Q: Can I sue if an acupuncturist, left a needle lodged my shoulder and forgot to take it out? I am experiencing pain.

1 Answer | Asked in Personal Injury and Medical Malpractice on
Answered on Jan 23, 2019
Peter N. Munsing's answer
First write down what happened when before you forget. Then focus on getting better. Go see an upper extremity specialist. Hopefully you will be well shortly. Then contact a member of CAOC in the county where it happened who handles medical cases, to see if you have a case. They give free consults.

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