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Medical Malpractice Questions & Answers

1 Answer | Asked in Medical Malpractice for North Carolina on

Q: How long after surgery can a patient sue for malpractice in NC.

I had knee replacement in Nov 2017 and when I was given a spinal (which I was aware I would get) a nerve in my back was hit, leaving both legs and feet affected and seeming no hope of it getting better.

Denise Anderson answered on Jul 25, 2019

The standard time frame to sue for medical malpractice cases in North Carolina is three 3 years from the date the incident occurred. The referenced time frame is not applicable to every medical malpractice cases. If you are not sure how to calculate the three years time frame from the date... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for California on

Q: Can I sue?

So I had a bowel obstruction in my last month of pregnancy. This happened a year ago. I went to the emergency room multiple times and saw multiple different doctors who all thought I was lieing about not going to the bathroom for 3 weeks. I told them I cant go on my own but every time it was... Read more »

Tim Akpinar answered on Jul 24, 2019

I'm sorry for your ordeal. It's likely that a California medical malpractice attorney would want to retrieve and review your medical records in detail. Since many offer free initial consultations, you could contact a law office to discuss the matter further. You would need to discuss payment... Read more »

1 Answer | Asked in Medical Malpractice for Kentucky on

Q: If a radiologist overlooks cancer on a mri twice is that malpractice

I just found out I had a tumor on my kidney and had removed radiologist overlooked it twice

Tim Akpinar answered on Jul 21, 2019

This question looks familiar, if the matter involved a lumbar series diagnostic imaging. An attorney would need to request the MRI films and accompanying reports and review them with medical experts. The question is straightforward, but the answer could be complex because of factors jurors would be... Read more »

1 Answer | Asked in Medical Malpractice for Kentucky on

Q: If a radiologist reads a lumbar mri and overlooks a mass on kidney twice is this malpractice

Tim Akpinar answered on Jul 20, 2019

An attorney would not be able to make a determination based on these facts alone. If you consulted with a Kentucky med mal attorney, they would likely want to request the MRI films and accompanying reports and review them with radiologists. While it could seem like a simple question, jurors in such... Read more »

1 Answer | Asked in Medical Malpractice for Mississippi on

Q: how can i go about suing a pharmacy that gave me the wrong medicine.

I was suppose to have erythromycin topical ointment USP 2% and I was given erythromycin topical gel for dermatologic use and me not knowing that it was suppose to used on the skin, I put it in my eye and almost burned my eye out.

Tim Akpinar answered on Jul 19, 2019

Is it possible you were supposed to be given erythromycin 0.5% ophthalmic strength ointment? Whatever the case may have been, you could contact a med mal attorney in Mississippi to review the matter in greater detail in terms of the prescription you were given, the one you were supposed to get, and... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Medical Malpractice for California on

Q: I believe I was scammed for medical services. Do I have any recourse or is this just a lesson learned?

I just returned to the US from teaching abroad so I don’t have health insurance. It’s not open enrollment period. I got a job upon return but my benefits don’t start until after 90 day probation period. I needed to see a doctor prior to then. Made an appt at a women’s health clinic. Shortly... Read more »

Bruce Alexander Minnick answered on Jul 18, 2019

Go get your $300 back.

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on

Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would be... Read more »

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1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on

Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up... Read more »

Tim Akpinar answered on Jul 13, 2019

I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you are... Read more »

1 Answer | Asked in Medical Malpractice for Idaho on

Q: Purchased a teething drops, Camilia by Boiron, and it came with eyes drop in the package. Can anything be done about it?

We purchased a teething medicine called Camilia manufactured by Boiron. When we were about to put the drops in the baby mouth he pushed it away, and we noticed it was an eyes drop put inside the teething drop called Optique1 made by the same company. Luckily my wife noticed it before the child... Read more »

Tim Akpinar answered on Jul 13, 2019

Based on what you describe, it does not seem that there were damages. That's very fortunate and I'm glad your baby was unharmed. You could bring the matter to the attention of the manufacturer because it could be indicative of a possible quality assurance issue in their production process. This is... Read more »

1 Answer | Asked in Medical Malpractice for Texas on

Q: is the doctor considered negligent for not referring to ENT sooner?

my son had ear tubes put in 2011 but continued to have recurrent ear infections with ruptured eardrum again since 2013. He was treated over and over with antibiotics and has recently been diagnosed with mastoiditis, cholesteatoma, and a fungal infection that no medication is resolving for the past... Read more »

Tim Akpinar answered on Jul 13, 2019

The best way to evaluate the matter could be to set up a consultation with a Texas med mal attorney. It could come down to a matter of being able to demonstrate with medical evidence the extent of damages incurred as a failure to make such referral(s), if that was the case. Good luck

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2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on

Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Michigan on

Q: What type of lawyer do I need to sue my doctor for malpractice and do I even have a case?

My ob gyn said my baby was healthy when I was pregnant but I was sick so she prescribed me zofran. I was not informed of any major risks to myself or my baby by taking this drug. Thinking that I could trust my own doctor I thought it was safe. A short time after taking the prescribed drug, I... Read more »

Tim Akpinar answered on Jul 7, 2019

I'm very sorry for your loss. As a starting point, you could contact a medical malpractice attorney in Michigan for an initial consultation. In terms of your question about having a case, that is something an attorney could make a more meaningful determination after learning more details from you... Read more »

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1 Answer | Asked in Elder Law and Medical Malpractice for Texas on

Q: My 91yr old mother in law who is wheelchair bound and in the last stages of Alzheimers disease.

She was discharged to my husband, 61 and had a heart attack and is unemployed and me 63 on medical disability. Needs total assistance with all ADL's. No discharge summary no Plan of care. We were financial unable to cover the cost of the nursing home. She has outlived her money to pay. Between her... Read more »

Terry Lynn Garrett answered on Jul 3, 2019

It appears that the nursing home would have done better to advise you to apply for Medicaid. Although Texas is one of 13 states with an income cap ($2,313 in 2019), under federal law an applicant can still qualify by establishing a Qualified Income Trust a/k/a a Miller Trust. This is basically a... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on

Q: My 18-yo son may have been hurt by a research study. Does the institution have any responsibility for his med care?

We are in California. As part of a study on treating youth with growth issues, my son was given meds typically used by breast cancer patients. He was on the meds for approx 2 years. 2 years later he developed Spondyloarthritis and faces a lifetime of issues with his hips and back. We have reason to... Read more »

Dale S. Gribow answered on Jul 2, 2019

much more info needed.

With law you have to prove your allegations. When you have proof, even then a judge or jury may not agree or there might be a statute of limitations issue.

There is also the issue of what agreement you signed since it was experimental.

this is not the...
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2 Answers | Asked in Workers' Compensation and Medical Malpractice for Texas on

Q: I would like to know if I have a possible medical malpractice case.

Back in November of 2019, I injured my knee stepping off of a bus at work, I started a workmans comp claim the following day. My first MRI showed a tear in my miniscus, and I was recommended physical therapy. I went for about 2 months, a few times a week. During the harder weeks of therapy, I had... Read more »

S. Michael Graham answered on Jul 1, 2019

If the Carrier is denying the tear to your knee and possible subsequent re-tear, my advice would be to contact a qualified workers' comp attorney. This matter will most likely need to go to the administrative hearing level to force the Carrier to accept your injury.

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1 Answer | Asked in Personal Injury and Medical Malpractice for New Jersey on

Q: Is my dermatologist liable for not recognizing a bump which was a malignant melanoma for over a year and a half?

I notified the dermatologist about the bump and she didn't think it was anything important. For over a year covering three appointments this bump was discussed and no action was taken. I finally asked to have it biopsied and that's when they found out it was malignant melanoma. I had a serious... Read more »

H. Scott Aalsberg Esq. answered on Jun 30, 2019

Yes it sounds like you may have a good case against your dermatologist for failure to diagnose, however you also have to worry about waiting too long as you may lose the right to sue for your injuries/damages. I suggest setting up an appointment with a good lawyer ASAP, most offer free in office... Read more »

1 Answer | Asked in Medical Malpractice for North Carolina on

Q: Can you sue a doctor for delayed care? It was about 12 hours before giving antibiotics, for a infection after surgery.

Tim Akpinar answered on Jun 27, 2019

It would be difficult for a North Carolina med mal attorney to give you a legal opinion based on these limited facts. It's likely they would want to review the medical file and consult with their medical support staff or outside experts, depending on the complexity of the surgery. As a starting... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on

Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... Read more »

Erik Luthens answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

1 Answer | Asked in Medical Malpractice for Pennsylvania on

Q: I had a hysterectomy done and I still bleed every month I think the doctors messed up

Tim Akpinar answered on Jun 26, 2019

I'm sorry for the difficult situation you are undergoing. It would be absurd for anyone but a doctor or very knowledgeable medical professional to even attempt to tell you what they think this means. But if you relayed these brief basic concerns to your family or close friends, it seems likely they... Read more »

1 Answer | Asked in Medical Malpractice for Michigan on

Q: Family member suffered improper care and discharge from a rehab facility after stroke.

A family member suffered mistreatment. Subcutaneous shots given in same place resulting in bruising and pain when moving. These can be administered anywhere on body. He was to see a doctor to receive anti-depressants or anti anxiety meds which never happened. Before discharge home we were informed... Read more »

Tim Akpinar answered on Jun 25, 2019

This is a matter to be discussed with a Michigan medical malpractice attorney, but your question remains open for five weeks. As a general matter, regardless of jurisdiction, medical malpractice is determined on the basis of there being a certain duty of care, a breach of that duty, damages that... Read more »

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