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.
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.
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
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...
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.
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
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.
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...
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.
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.
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?
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.
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.
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.