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3 Answers | Asked in Medical Malpractice for California on
Q: Anesthesiologist attempted the epidural 7 times, leading me to have nerve damage. After, I was told it was my fault.

Went into labor on 6/4/24, the anesthesiologist poked me 7 times. During those attempts, he said "Oh, I went a little too much to the left" and "oh, I hit a bone" and another time my leg jolted because a nerve was hit. After the epidural was successful, I was told "if you... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 3, 2024

It may or may not be malpractice. Malpractice means that a health care provider acted below the standard of care and that that action or inaction caused harm. Another qualified health care provider or providers would be needed to testify as to the breach of the standard of care.

Another...
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1 Answer | Asked in Medical Malpractice for Illinois on
Q: Two years ago in an E.R., was told I had pneumonia but didn’t tell me I had a heart attack. Can I sue?

I was taken by ambulance. Told my husband I had bacterial pneumonia which had caused some delirium. When I was admitted and coherent I was told the same thing. No mention of a heart attack by any doctor or nurse. Due to terrible care, I left shortly after being admitted and put in a room. Discharge... View More

Charles Candiano
Charles Candiano
answered on Oct 3, 2024

You can sue anyone. If you are asking whether you can recover, on your facts (you sustained no harm as a result and your own cardiologist didn't mention it until you asked, 2 years later), you cannot recover. I medical negligence (a/k/a medical malpractice), the rule is no harm, no foul.... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be held liable for multiple providers lack of training/ inability to properly diagnose a patient?

If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More

Alexander Karasik
PREMIUM
Alexander Karasik pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: I hurt my back. I got a epidural shot. I week later I couldn't walk. I had a abscess on my spine. Can I sue?

I got emergency surgery. My right leg is still numb. I can't back to work.

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2024

I'm sorry for your ordeal. You could always sue. But the question is really whether it is a case that a law firm would handle on a contingency basis. Answering that meaningfully would depend on a firm's decision, usually based on their review of some form of surgical records and medical... View More

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3 Answers | Asked in Medical Malpractice and Health Care Law for California on
Q: I have Triple bypass surgery that could be avoided if my doctor refers me to Cardiologist . Is my doctor liable?

My doctor knows I have hear issues, but to no avail he only provides me with medication not Cardiologist.

Tim Akpinar
Tim Akpinar
answered on Oct 17, 2024

The issue of "triple bypass surgery could have been avoided with intervention of a cardiologist" is not a "given." It could be a key issue in a case where medical experts for one side would need to argue why this IS LIKELY to be true, and medical experts for the other side would... View More

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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for California on
Q: I went through a bad experience in a hospital / care center went to when I was sick November of 2022 through April 2023

I been looking for a lawyer but they said I need a specific one a lawyer told me about this website to try it out and hopefully I find one

.

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

Your friend may have been talking about the section here for searching for attorneys by region and practice area. It's the tab above labelled "Find a Lawyer." You could supplement your own independent attorney searches with that. You could also look into the attorney referral... View More

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1 Answer | Asked in Workers' Compensation and Medical Malpractice for Illinois on
Q: Can we appeal denied workers comp after being misdiagnosed for heart attack symptoms by employer's physicians?

My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More

Charles Candiano
Charles Candiano
answered on Sep 23, 2024

To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: I was told that I would die if I left the doctors care at a rather huge hospital. They stole my phone & gave me drugs.

Bad drugs and they failed to investigate with my Pharmacy & the Mayo Clinic Drug side effects. I insited on leaving. I found out the Side effects were vey dangerous, which is why I ended up ther in the first place. I still do not have a phone, and this keeps me from doctors and working. This... View More

Gail N. Friend
Gail N. Friend
answered on Sep 22, 2024

With few exceptions (such as that you are a threat to yourself of others - as determined by physicianS - You have a legal right to privacy, property and to communicate with persons who are not within the scope of a health care facility's authority. THEREFORE, I suggest that you confer... View More

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.

I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... 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 Sep 18, 2024

Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when...
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1 Answer | Asked in Medical Malpractice for New York on
Q: If a doctor did not point out possibility a procedure might not work, and patient undergoes and it fails, is doc liable?

Initial consultation involved explanation of procedure, alternatives to the procedure, what to expect - during and after, but NOT any mention that it might not work. I had it - 2 1/2 hours awake on the table, and it did nothing to help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2024

In order to obtain a patient's informed consent, a physician has to discuss the risks, benefits and available alternatives to a medical procedure. That a procedure might not work or cure the condition it's designed to treat would fall under the "risks" category (and is arguably... View More

3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Tim Akpinar
Tim Akpinar
answered on Sep 22, 2024

Yes, it's possible you could. The best way to answer your question would be to try to set up a consult with attorneys who handle such cases. Free initial consults are customary with such cases. If a law firm believed that there could be a basis for a case to move forward with, they could... View More

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3 Answers | Asked in Health Care Law, Medical Malpractice, Nursing Home Abuse and Wrongful Death for California on
Q: Is there a way to sue a doctor in civil court for negligence? How do I sue a skilled nursing facility?

How to I prove negligence if no autopsy was done. How do i file a lawsuit against a doctor for not following my family members full code request?

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

Yes, you can sue a doctor or nursing facility for negligence. To prove it, you must show they had a duty of care, failed to meet it, caused harm, and there were damages. Medical records and expert testimony can help, even without an autopsy.

To file a lawsuit, contact a malpractice lawyer,...
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4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: Hello I won a medical settlement that closed 8 months ago

Hello I won a medical settlement that closed 8 months ago, my attorney has been giving me the runaround on paying by saying that they have to clear any medical liens before they can release the money. Initially this was only supposed to take a month. Yet here it is 8 months later I still have not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 7, 2024

I am not saying your attorney is or is not telling you the truth, but this is unfortunately fairly common with cases that include medical bills. Plus, your insurance company may not know about all the potential liens. In fact your own insurance company may not even know if it has a lien, as those... View More

2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Gail N. Friend
Gail N. Friend
answered on Sep 6, 2024

this can be a complication or negligence. Suggest that you obtain medical records asap -- (fastest means for doing so is on the facility's/clinic's website), and seek an attorney who is experienced in medical malpractice asap. You did not state how long ago this occurred, but there is... View More

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2 Answers | Asked in Medical Malpractice for Texas on
Q: IUD places through my uterus

The IUD migrated from from my uterus area into my abdomen causing me extreme pain both the emergency room doctor and my oh said it was shoved through my uterus not even close to being done right I have a recording of the on stating that

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2024

Misplacement of an IUD can be malpractice. If the procedure was done below the standard of care, the health care worker could be liable for malpractice. Another requirement is to prove the harm cased by the malpractice. Due to the nature of medical malpractice cases, the nature and extent of the... View More

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1 Answer | Asked in Family Law, Personal Injury and Medical Malpractice for West Virginia on
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
D. Michael Burke
answered on Sep 2, 2024

Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

2 Answers | Asked in Medical Malpractice for Oregon on
Q: What are my options for medical malpractice involving medicine.

I was given an injection by a MA at doctor's office which turned out to be 4 times the original dosage my doctor ordered. I was in a lot of pain for 2 months. What if any are my options with the doctor's office?

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

Even if you're not sure about filing a lawsuit, a consultation with a medical malpractice attorney can provide clarity on your rights and potential outcomes. They can discuss the statute of limitations, which in Oregon for personal injury (including medical malpractice) is generally two years... View More

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2 Answers | Asked in Medical Malpractice for New Jersey on
Q: My father was diagnosed with congestive heart failure and died about 6 months later. He wasn’t feeling well and went to

The hospital during Covid. The doctors refused to see him until he was cleared from having Covid. He died the first night he was there without seeing anyone. I feel as though he never had a chance to survive. Is there any legal action I can take?

Joel Gary Selik
Joel Gary Selik
answered on Sep 5, 2024

Malpractice is where the doctors act below the standard of care. Another doctor would have to evaluate the facts to determine if they acted below the standard of care.

Additionally, an attorney would have to determine if the amount of a potential recovery warrants a lawsuit considering the...
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