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1 Answer | Asked in Medical Malpractice and Personal Injury for Indiana on
Q: Can I sue my former middle school for an injury that happened 16 years ago

I got a severe concussion when I was 13 at school. The school were negligent with my care and refused to call an ambulance or my parents. I since have developed severe chronic migraines, anxiety, and fatigue. I have lost multiple jobs because of my health issues

Charles Candiano
Charles Candiano
answered on Oct 28, 2024

The statute of limitations closed on your 20th birthday. You had 7 years to bring the claim. You do not state the circumstances surrounding the concussion. If the school's culpability is limited to its failure to call an ambulance or your parents, it is unlikely that you would have been able... View More

3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Eliza Jasinska
Eliza Jasinska
answered on Oct 29, 2024

I'm sorry to hear about your loss. Pursuing a medical malpractice claim for wrongful death in the case of a miscarriage can be complex. Under California law, MICRA (Medical Injury Compensation Reform Act) limits non-economic damages for medical malpractice claims to $350,000 for injuries... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: We had a miscarriage at 18 weeks of pregnancy. We think it's due to the provider's negligency.

If it's not for the Drs negligence we would have saved our baby. We would like to evaluate our case with the data from medical records and the experience we had. Can you please advise if we take legal action against the providers?

Joel Gary Selik
Joel Gary Selik
answered on Oct 27, 2024

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of lawsuits, the extent of the anticipated potential recovery will affect the viability of the case....
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3 Answers | Asked in Medical Malpractice for California on
Q: If a person was given too much radiation is there grounds for a lawsuit

A doctor order extreme radiation treatment and now the person is unable to function

Joel Gary Selik
Joel Gary Selik
answered on Oct 24, 2024

A doctor ordering a heavy dose of radiation would only be liable if that was below the standard of care.

Standard of care means the degree of care and skill of the average health care provider of that type of doctor.

A bad outcome is not enough. Another doctor would be needed...
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1 Answer | Asked in Medical Malpractice for Iowa on
Q: I wasn't told about side effects of being on methadone before I got on it or what would happen after I came off of it

I didn't find out until I went to detox in Denver they told me I'd be sick for about a year I had a horrible car accident because of side effects of coming off of it if i would have known this mess I would never have went on it i was injured in the accident September 13 of this year im 6... View More

Stephen Douglas Lombardi
Stephen Douglas Lombardi
answered on Oct 22, 2024

Let me see if I understand the situation. You were addicted to some drug or drugs and the medical doctors prescribed methadone to assist with withdrawal. Do I have that right?

Let's assume I do.

So, you're addicted to some drug and in treatment. How am I going to prove...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Brad  Holbrook
Brad Holbrook
answered on Oct 22, 2024

This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I retain a lawyer to achieve a settlement?

I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 21, 2024

Due to the nature of medical malpractice cases, not all viable cases can proceed. Factors determining viability include the need for future care, future wage loss or other future financial losses, the type of malpractice, and the strength of witnesses and evidence. Not all malpractice cases... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Do I retain a lawyer to achieve a settlement?

I received a misdiagnosis of papillary carcinoma after a medical procedure only to have a follow up surgery that resulted in an organ being removed without the need and now will need medications for the rest of my life, what should I do and it doesn’t seem easy to find representation why may this... View More

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire a lawyer for your case, as medical malpractice claims are complex and require legal expertise to prove negligence and obtain fair compensation. Your situation involves a misdiagnosis and an unnecessary surgery that led to permanent health consequences, making it essential to... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Ohio on
Q: Contacted Histoplasmosis in 2018 from 3 years on Humari. Is it too late to get compensation for pain and suffering

Histoplasmosis started in Lung and traveled to left eye. Took shots in eye for a year. Still have problems driving and has prevented me from going places. Have nodule in lung and scarring

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2024

An Ohio attorney might be in the best position to answer, but your question remains open for three weeks. I'm sorry for your ordeal. The best way to answer your question could be to reach out to law firms that have experience with cases involving Humira (adalimumab). A local attorney should... View More

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can I sue a surgeon who messed up my shoulder surgeries and then neglected my care to the point of disability.

I was injured and went to an orthopedic surgeon who did two surgeries a partial shoulder replacement using allograft and then a subsequent arthroscopy to release my shoulder because they thought it was frozen shoulder. My range of motion wouldn't increase no matter how much PT I did and I kept... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Oct 21, 2024

I am sorry to hear about your situation.

If the statute of limitations has not yet passed, you may sue for negligence. Medical lawsuits are difficult and expensive. Attorneys who take these cases generally do so on a contingency basis, investing their own time and money into a case and...
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1 Answer | Asked in Medical Malpractice for Washington on
Q: Should I seek help for the doctor not telling me the outcomes before a surgery.

I had a laminectomy for back pain on 7/25, I woke up in far worse condition, before the surgery I was able to walk, I woke up after with no use of my legs from the knees down, and now I have to wear leg braces to keep my feet still every day they told me it was a small minimally invasive procedure... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2024

A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal following the laminectomy. In terms of your question about seeking help, it sounds like you mean legal help. You could arrange a consult with law firms in your state. If a law firm... View More

2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 19, 2024

I'm sorry for your ordeal. You've probably already been searching online for New York med mal law firms. Although there isn't an attorney referral section here, the closest thing could be the "Find a Lawyer" tab above, which lists law firms by area of practice and region.... View More

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2 Answers | Asked in Health Care Law and Medical Malpractice for New York on
Q: I'm looking for a medical malpractice attorney

I have proof of a pseudomeningocele (collection of a csf leak .cerebro spinal fluid) on many MRIs. I also have h.o.d.(Hypertrophic olivary degeneration) which has no cure. It may also be asymptomatic (no symptoms) as opposed to the csf leak which I have all the symptoms. But whenever I go to the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 21, 2024

Sorry to hear what you're going through. It sounds like you need appropriate medical treatment, not a medical malpractice attorney. A malpractice lawsuit will not get you the medical treatment you claim to need for your condition. If you cannot afford insurance on the Exchange, you may be... View More

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Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Legal Malpractice, Medical Malpractice and Personal Injury for Texas on
Q: If my lawyer didn't file motion own time an got dismissed,an refiled it under new cause number is he causing malpractice
John Michael Frick
John Michael Frick
answered on Oct 18, 2024

Maybe but not necessarily.

If a personal injury lawsuit is dismissed without prejudice, it can be refiled as long as the statute of limitations has not expired. On the other hand, if the statute of limitations expired before the second lawsuit was filed AND you would have definitely won...
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2 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: Can I file a lawsuit for a doctor falsely updating my medical records?

Had a phone appointment and doctor hung up in 1 min. And said he gave a diagnosis and treatment plan which none of those are possible in a min. Which caused months of prolonged health care

Eliza Jasinska
Eliza Jasinska
answered on Oct 21, 2024

Yes, you should hire an attorney if you believe a doctor falsely updated your medical records. Altering medical records, especially if it leads to prolonged health issues, can be considered medical malpractice or fraud. An attorney can help gather evidence to prove the records were falsified and... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Jonathan E. Freidin
Jonathan E. Freidin
answered on Oct 17, 2024

While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Anthonia Imudia
PREMIUM
Anthonia Imudia
answered on Oct 17, 2024

The legal implications of a doctor ignoring a recommendation to repeat a laboratory test for MRSA after a patient's surgery and waiting a year to debride the wound, resulting in disfigurement and chronic pain, can be significant under Florida law. This scenario likely constitutes medical... View More

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3 Answers | Asked in Medical Malpractice for California on
Q: Went in for Colonoscopy and had my kidney puncture got sepsis

This is on my chart?

Sepsis, AKI following cyst rupture during colonoscope, DC 5.3.2023

Feels tired and has blood tinged urine and pain

DC on pain meds

Joel Gary Selik
Joel Gary Selik
answered on Oct 7, 2024

This can happen during a colonoscopy with or without malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced medical malpractice attorneys in...
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