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Medical Malpractice Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Robert Kane
Robert Kane
answered on Aug 12, 2024

Unfortunately, I don't believe this is a good forum for medical malpractice questions because they require opinions of medical experts, which attorneys are not. These questions usually get few, if any, responses. The “medical standard of care” is typically defined as the level and type of... View More

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4 Answers | Asked in Wrongful Death and Medical Malpractice for California on
Q: If the ER failed to contact me with test results that needed attention and early detection of lung cancer other doctors.

Delay in diagnoses and treatment resulting instage 4 lung cancer non operable and life expancy leas than 3months do i have a malpractice case

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2024

I'm sorry this has happened to you. You could reach out to attorneys to arrange a consult, but the standard of care for emergency rooms reflects the circumstances. Emergency rooms generally involve care that takes place in a fast-paced and high-volume setting - different than that of... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
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2 Answers | Asked in Personal Injury, Medical Malpractice and Nursing Home Abuse for California on
Q: Does my boyfriend have a case?

My boyfriend got into a car accident and ended up with a broken neck and a hip. He was placed in a rehabilitation facility where they left him for hours without his diaper changed, would disconnect his button for help, would not supply him his medication for pain because they forgot to order it and... View More

Frederick J. Sette
Frederick J. Sette
answered on Sep 3, 2024

And then there is the question of; is there any recourse for the car accident that resulted in his injuries. If you have not obtained a consultation on that, I suggest taking the time to do so. As stated by the other counsel, there are regulations and standards that the facility must comply with.... View More

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: How come my case is not important? Hygienist caused me severe pain which in turn caused 3-day Hospital stay.

To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: I had a biopsy for diagnosis and later the doctor informed me that if they see my symptoms again they won't biopsy

Do I have a claim against going for a biopsy under full anesthesia just cause the doctor could not diagnose my condition by looking at the symtoms?

James L. Arrasmith
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answered on Jul 24, 2024

I'm sorry to hear about your situation. If you underwent a biopsy under full anesthesia, and your doctor later said they wouldn't biopsy again for the same symptoms, you might feel frustrated or concerned. It's important to understand that doctors sometimes need to perform biopsies... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: Due to cervical neurosurgery that damaged my spinal cord and median nerve as well as dislocated and twisted my right arm

from the shoulder it left me with weak limbs and numbness in my extremities. This happened 11/18/22

I had a felony conviction in 2003 otherwise a firm would have done it. Is there an attorney interested?

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

An Oregon attorney could advise best, but your question remains open for a week. I'm sorry for the injuries you suffered in connection with the cervical neurosurgery. You're asking if attorneys here are interested. It's difficult for attorneys here to offer their services - the... View More

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for California on
Q: my spouse died after being in a coma at a hospital from falling out the bed and left not breathing for 10 min

I have documents that were made by doctors and nurses that were falsified and also the cause of death is inaccurate what should I do?

James L. Arrasmith
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answered on Jul 23, 2024

I'm very sorry for your loss. You should consider contacting an attorney who handles medical malpractice or wrongful death cases. They can help you review the documents and determine if there is a case for negligence or falsification of records.

Gather all the documents you have,...
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Q: I have no money and currently suffering from brain leasons and serve brain detairation due issue beyond my control.

I fall underneath four major complaints, within the actual scope of protection both medical and emotional! As major injury suffered only 3 months after original placement both suffering physically,mentally, emotionally had been only of the 1st of 6 major contributors of all four federal... View More

James L. Arrasmith
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answered on Jul 23, 2024

Under California law, you have several rights and protections that can help you address these issues. Medical neglect, sexual misconduct, and other forms of abuse are serious matters that the law takes very seriously. If you have suffered harm due to the actions or negligence of medical... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for California on
Q: My wife had a breast augmentation with a lift that we paid for both. and the doctor forgot to do the lift!

we do not know what to do or the avenues that we have. the doctor is being very compliant, but also very short with us. He has not offered us any options yet .he made a big mistake in our eyes cause of his mistake now my wife has to get cut on again.

James L. Arrasmith
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answered on Jul 22, 2024

I'm sorry to hear about your experience. It's important to address this issue directly with the doctor. You should start by requesting a detailed explanation of what happened and why the lift wasn't performed as agreed. Clear communication is key in understanding the situation fully.... View More

1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Medical Malpractice for Washington on
Q: Can I file a lawsuit for recalled implants if I became ill due to having them in?

The company was Meghan, and after putting them in I started to get joint pain, spinal arthritis, fatigue severe migraine. I lost my job, home, and became disabled. Five doctors wrote letters asking my insurance to remove them and this was finally agreed to after two years. They will not do a lift.

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

A Washington attorney could advise best, in terms of state-specific issues, but your question remains open for a week. I'm sorry for your ordeal. At this point, your best option could be to research what the current lawsuit situation is with McGhan implants. There have been lawsuits in the... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for California on
Q: Doctors failed to diagnose cancer in my mother's scans and surgery. Is it a good time now to file a lawsuit?

My mother was diagnosed with metastatic cancer last month (June 2024) out of the blue. She had her adrenal gland removed in 2022 for Cushing's disease (rare). Before surgery, the CT scan said "likely benign", and the pathology report also said benign. I just got second opinions back... View More

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

Reach out to attorneys to try to arrange a free initial consult. You already have a ticking statute of limitations on a med mal action. An experienced attorney could advise you on strategies regarding the element of time. I hope your mother survives, and the second type of legal action you... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

You could reach out to attorneys to try to arrange a free initial consult. For the matter of neglect, it does not sound like the hospitals or doctors were designated in a role of caretaker or similar capacity. The problem in such a phone setting that transpires over a course of years is that there... View More

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2 Answers | Asked in Elder Law, Health Care Law, Medical Malpractice and Personal Injury for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 9, 2024

Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More

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2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for Michigan on
Q: Malpractice claim against a hospital but cannot afford expert testimony fees. Guidance on how to proceed is requested.

My client experienced negligence by hospital staff and now seeks to file a medical malpractice claim. However, an expert testimony report of negligence is required to support the claim, but my client cannot afford this. What steps should we take next?

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

You're talking about an Affidavit of Merit. That's going to involve a review of the file. It may not end there. If you go to trial, that could also involve retaining medical experts, which don't come cheap. Med mal firms often front such costs and take them off the gross award at the... View More

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