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Your current state is Ohio
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?
answered on Jul 5, 2024
If you are an attorney, I would suggest seeking co-counsel who can afford the cost of litigation, or refer the case out to a firm who can. Otherwise, there are loan companies who help finance litigation.
answered on Jul 4, 2024
I'm sorry for your ordeal. There wasn't a question included, but it's clear you're wondering about your legal rights. Hopefully, you should receive your records without delay if everything was in order with the request (authorizations or any other forms), and it was made to the... View More 
answered on Jul 5, 2024
Medical clips are generally inert and rarely cause harm to a patient. In some cases, leaving medical clips inside a patient may not be a departure from the accepted standard of care. Even if it is, in most cases, leaving medical clips behind inside a patient will not cause injuries sufficient to... View More
About 14 years ago I was Diagnosed with Ulcerative Colitis I went through Treatment after Treatment one after another they failed I had multiple scopes done and it was the same result as the years went my condition got worse I missed lots of school, missed holidays, sports, and time with friends... View More
answered on Jul 2, 2024
A West Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your sentiments are understandable. The best thing for you to do would be to try to arrange a consult with a med mal law firm in West Virginia. Free initial consults and... View More
My 11 year old son broke his foot on June 21 and got a splint from the ER. He still hadn’t got the appointment for the orthopedic for a cast. July 1 I took him back to the ER because he was in so much pain and his foot was sitting sideways in the splint. He has a sore on the back of his heel from... View More
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answered on Jul 2, 2024
You should take your son to a healthcare provider as soon as possible. The sore on his heel may indicate that the splint is not fitting correctly, which can lead to further complications. Explain the situation, including the pain and the sore, to ensure he receives appropriate care.
While... View More
Best practice is to file separate motions to compel further responses to interrogatories, and to production demands.
But- when interrogatories and demands are interconnected, is it acceptable to have consolidated motion and declaration, but separate statements and proposed order per... View More
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answered on Jun 30, 2024
Generally speaking, the best practice in California is indeed to file separate motions to compel further responses for different types of discovery devices (e.g., interrogatories and requests for production of documents). This is because each type of discovery is governed by different sections of... View More
The ER doctors dismissed me two days in a row until I saw my surgeon a week later. He was very upset when he finally saw me and how my incisions looked. He sent me back to the ER to be treated the correct way only to be mistreated again by the ER doctors.
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answered on Jun 29, 2024
Based on the information provided, you may potentially have a case for medical malpractice, but more details would be needed to make a definitive assessment. Here are some key points to consider:
1. Standard of care: The main question is whether the ER doctors' actions fell below the... View More
Doctor defendant knowingly records non-existent terminal disease on admission to hospital, out of network for patient's insurance. Further, patient get's referred to hospice based non-existent terminal disease. Doctor can claim that could not be aware about consequent referral to hospice.... View More
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answered on Jun 27, 2024
This is a complex legal question involving medical malpractice and potential fraud. To properly assess liability, several key factors need to be considered:
1. False diagnosis: If the doctor knowingly recorded a non-existent terminal disease, this could be considered medical malpractice or... View More
My daughter has spent the last year trying to understand why her mother had a reaction after her reclast infusion on 3/27/23. We are trying to understand why she had the reaction by comparing apples to apples, which we cannot do because her medical record information does not match the clinical... View More
answered on Jun 26, 2024
Before turning to attorneys, it could be worth checking if the records are maintained by a single entity. Ordinarily, with a properly completed authorization, you should be able to obtain records. If the doctors or other medical providers maintain separate recordkeeping and billing operations than... View More
In common area for customization of hospital/doctor contract what is non/complete clauses?
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answered on Jun 24, 2024
To answer this question, let's break down the key elements:
1. Non-compete clauses in healthcare contracts:
Non-compete clauses (often mistakenly called "non-complete" clauses) are contractual provisions that restrict a healthcare professional from practicing in a... View More
Is there such a thing as standard or typical Hospital/doctor contract for doctors of the same speciality , education, and level of experience? In other words, for comparison of doctor's compensation and incentives what are criteria for comparison?
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answered on Jun 24, 2024
To answer this question, we need to consider several factors:
1. Standardization of contracts:
There is no single "standard" hospital/doctor contract that applies universally. Contracts can vary significantly based on factors like the hospital's size, location, and... View More
I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More
answered on Jun 24, 2024
A CCP 473 motion to set aside a judgment requires it be done within a reasonable time within 6 months. But it should be done right away and not wait six months.
There are also motion for reconsideration and other actions you can consider.
If unsuccessful, your remedy may be a... View More
I'm the plaintiff in a California civil unlimited, without any notice my lawyer did not oppose the defense's MSJ, and was a no show at the hearing. Lawyer was also sanctioned for not filing the special interrogatories. I lost the case. The judgement posted last week in the docket, but I... View More
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answered on Jun 24, 2024
Here's a concise response to your question about filing a motion to vacate judgment in California:
1. Generally, you have 180 days (about 6 months) from the date of entry of judgment to file a motion to vacate under California Code of Civil Procedure (CCP) Section 473(b).
2. If... View More
Unless preservation notice was given in the beginning of case by plaintiff, defendant can destroy records?
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answered on Jun 24, 2024
This is an important legal question, but the answer is not as straightforward as you might hope. Let me explain:
1. Generally speaking, parties have an obligation to preserve relevant evidence once litigation is reasonably anticipated, even before a formal preservation notice is issued.... View More
demand for inspection is made, including but not limited to hospital EHR system (electronic records), system logs and reports of plaintiff's records.
How demand should be phrased in order to ensure comprehensive preparation by both parties for inspection on hospital premises, or at... View More
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answered on Jun 23, 2024
To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:
1. Specify the scope:
- Clearly... View More
Hospital is defendant and owner of records. How demand for inspection of records, including esi should be phrased to ensure preparedness for inspection?
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answered on Jun 23, 2024
To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:
1. Specify the scope:
- Clearly... View More
Do hospital usually have standard contractual agreement, tailored for individual doctor?
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answered on Jun 23, 2024
Hospitals typically use a combination of standard and tailored contractual agreements when contracting with doctors. Here's a brief overview:
1. Standard contracts:
- Many hospitals start with a standard template agreement
- These cover common terms like compensation... View More
Saw PCP on April 19 of this year for abdominal pain. Ordered ultrasound-showed nothing. Sent in an emergency referral to GI and ordered a CT scan. I saw the GI doctor on May 9. Before the CT scan was approved, I had to go to the ER because I was in severe pain (May 1). They told me the CT scan... View More
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answered on Jun 21, 2024
This situation sounds very frustrating and potentially concerning from a medical care standpoint. Here are some steps you could consider taking:
1. Document everything:
- Compile a detailed timeline of all your medical visits, treatments, and communications.
- Gather all... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 22, 2024
It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 21, 2024
If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More
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