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Medical Malpractice Questions & Answers
3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case of malpractice?

A medical device was implanted by my doctor on April 10 and was expected to pass in my stool within 4 days. I rushed to the er a month later with chest pain and irregular heart beat and a few other symptoms. The xray showed the device was still there. I was scheduled for surgery a few days later to... View More

James L. Arrasmith
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answered on Sep 8, 2023

To determine whether you have a case for medical malpractice under California law, it generally needs to be shown that the healthcare provider failed to adhere to the standard of care, and that this failure caused you harm. Given your situation, it would be pertinent to gather all relevant medical... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case of malpractice?

A medical device was implanted by my doctor on April 10 and was expected to pass in my stool within 4 days. I rushed to the er a month later with chest pain and irregular heart beat and a few other symptoms. The xray showed the device was still there. I was scheduled for surgery a few days later to... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Sep 9, 2023

From the little bit of information you have provided it sure looks like you might have a case of medical malpractice but more information is needed. A qualified attorney would have to review your medical records. We actually have a qualified expert review those medical records to determine if they... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Do I have a case of malpractice?

A medical device was implanted by my doctor on April 10 and was expected to pass in my stool within 4 days. I rushed to the er a month later with chest pain and irregular heart beat and a few other symptoms. The xray showed the device was still there. I was scheduled for surgery a few days later to... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

I'm sorry for your ordeal. The most definitive way to evaluate your situation and answer your question would be to try to line up a free initial consult with a law firm. If they felt your matter warranted further investigation, they could retrieve your records and review with a health care... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My medical HMO caused me unnecessary pain and suffering during a recent hospital visit. Can I sue them?

1) Long-term medical malpractice by refusing to fix a scar tissue problem they created in 1976, resulting in 4 repeated (unnecessary) trips to the hospital in deep pain from small bowel obstruction. Instead of using surgery to permanently fix the scar tissue problem, my HMO chose to save money by... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under California law, you may have grounds for a medical malpractice claim if you can establish that the actions or omissions of your HMO and medical providers deviated from the standard of care and caused you harm. It's essential to consult with a medical malpractice attorney to evaluate the... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: My medical HMO caused me unnecessary pain and suffering during a recent hospital visit. Can I sue them?

1) Long-term medical malpractice by refusing to fix a scar tissue problem they created in 1976, resulting in 4 repeated (unnecessary) trips to the hospital in deep pain from small bowel obstruction. Instead of using surgery to permanently fix the scar tissue problem, my HMO chose to save money by... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

I'm sorry for the suffering you experienced. You present a number of theories that a law firm would want to validate with the opinion of a medical professional if they expressed an interest in handling the matter. One option is to try to arrange a free initial consult - which is a standard... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Do I have a malpractice case?

Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Sep 8, 2023

You may indeed have a malpractice case. The time limits to bring such a case are shorter than for regular personal injury cases. Start contacting medical malpractice attorneys now. Almost all offer free case evaluations. It would be helpful for you to have all your related medical records... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: Do I have a malpractice case?

Plaquenil damaged my retinas and my rheumatologist was supposed to warn me about these side effects and he did not give me any warnings I was supposed to get regular eye exam by a ophthalmologist. Now I’m losing my sight from this drug. It was the ophthalmologist that told me to stop taking this... View More

James L. Arrasmith
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answered on Sep 8, 2023

Whether you have a malpractice case in California against your rheumatologist depends on the specific facts of your situation. To determine this, I would need to evaluate whether there was a duty to inform you about the drug's side effects and whether the failure to do so constituted a breach... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What is the statue of limitations for a Ca medical malpractice suit?

Negligence after surgery causing lengthy pain and suffering, limited range of motion.

James L. Arrasmith
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answered on Sep 7, 2023

In California, the statute of limitations for a medical malpractice lawsuit is generally three years from the date of the injury, or one year from the date the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. However, there... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 7, 2023

Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My husband has constant bedsores as a result of being bedridden for months at a hospital I won’t name. Is this a case?

My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.

Alexander Karasik
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answered on Sep 11, 2023

Hi. You may have a case for medical malpractice. Your husband's cancer condition may not absolve the hospital from taking the necessary precautions to avoid pressure ulcers. Give me a call at your convenience to discuss: (718)502-9112. In NY, the statute of limitations for malpractice is... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Illinois on
Q: My husband’s psychiatrist changed his meds around adding and taking away and changing doses all in less than a month. He

He began to exhibit strange behaviors that quickly advanced to seizure like shaking of his entire body then going completely limp and being non responsive. I took him to 1 hospital that said he was low on magnesium and sent him home. Took him to another and they did lots of tests and said it was... View More

Charles Candiano
Charles Candiano
answered on Aug 31, 2023

First and foremost, it is essential for you to understand the anticipated effects and the potential side effects of your husband's medication. Psychotropic drugs, generally, have a host of very unpleasant, known side effects and many are prescribed as maintenance medication. Whether your... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: As an adult I was accosted by a doctor multiple times . This happened between 2010 -2017 Have statue of limitation pass

I was accounted by a doctor as an adult on multiple occasions .The years were 2010 thru 2016. I think statute of limitations has passed but I believe that there is a window that has opened for adult survivors to file a claim against the abuser. I can see now that license has been suspended and he... View More

William John Light
William John Light
answered on Aug 30, 2023

For Sexual Assaults that occurred between January 1, 2009, and January 1, 2019, the Sexual Abuse and Cover-Up Accountability Act, otherwise known as California Assembly Bill 2777, went into effect on January 1, 2023. There is now a three-year “lookback window” permitting survivors to file... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: As an adult I was accosted by a doctor multiple times . This happened between 2010 -2017 Have statue of limitation pass

I was accounted by a doctor as an adult on multiple occasions .The years were 2010 thru 2016. I think statute of limitations has passed but I believe that there is a window that has opened for adult survivors to file a claim against the abuser. I can see now that license has been suspended and he... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Aug 30, 2023

You should contact a law office that handles these type of cases. We sit down with clients who didn't think they had a case yet after going over all the facts we found some viable ways to proceed. Until you do that you will never know. It's worth your time to sit down with an experienced... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I was injured while giving birth to my first baby last year. Should I get a lawyer?
James L. Arrasmith
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answered on Aug 29, 2023

If you believe your injury was the result of medical negligence or malpractice during childbirth, you may have grounds for legal action. Consulting an attorney experienced in medical malpractice cases can help you understand your options and potential for recovery. The statute of limitations for... View More

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1 Answer | Asked in Medical Malpractice for Tennessee on
Q: Can I sue my gynecologist for pain and suffering. I have been to the gynecologist four times.

My first appt was for a cervical biopsy, it came back insufficient.

Went back second time same thing

Went back third time, finally a good test. But they are running the wrong test.

Came back again upset, they finally ran a pap

Go to surgery today and can’t have... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

Medical malpractice requires a breach in the standard of care and damages from the breach.

A doctor would have to provide if there was a breach. You do have damages, but you would need attorney consultations to determine if the damages warrant bringing a case.

1 Answer | Asked in Medical Malpractice for North Carolina on
Q: How do you know when you are a victim of medical malpractice?

I had back surgery and my condition is worse than before.

Joel Gary Selik
Joel Gary Selik
answered on Aug 25, 2023

Medical malpractice means the doctor, or other health care provider, acted below the standard of care, and that breach of the standard of care caused harm. This generally must be determined by an expert in the appropriate health care field to review the information and provide their analysis.

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Hi. I traveled to New Jersey for a hip injection from upstate NY and I am curious about legal action.

I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Total knee replacement at Kaiser Permanente 2020, cement broke, correcton 2021.knee is loose. Still in pain. Can you hel

Pain has never stopped. Could it be a defauldt in cement used was there a recall on material or doctor

James L. Arrasmith
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answered on Aug 25, 2023

If you've experienced ongoing pain and complications after a knee replacement surgery, it's essential to consult a medical professional to assess the situation. It's possible that factors like the surgical procedure, materials used, or individual healing could contribute to these... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: In a conflict between patient quality of life and physician liability in providing treatment, which supersedes the other

In California, if Patient is undergoing life saving treatment(dialysis). Does the provide have the responsibility to alter treatment regimen for the patient for the patient if the patient is unable to tolerate the current plan?

when the provider failed to writing (email) requested... View More

James L. Arrasmith
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answered on Aug 25, 2023

In California, the patient's quality of life and well-being generally hold significant importance. Physicians have a duty to provide appropriate medical care and treatment while considering the patient's best interests, health, and preferences. If a conflict arises between patient quality... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Florida on
Q: Can a lawyer take my case on contingency for medical malpractice/civil rights violation?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, there is no prohibition in Florida preventing an attorney from taking either a medical malpractice case or a civil rights case on a contingency fee.

You may be confused by a different cause of action under Florida's statute for compensation to wrongfully convicted individuals...
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