Michigan Medical Malpractice Questions & Answers
Q: Can I hold the VA responsible for not healing properly from a surgery in 2012 - I have numbness on the surgical line
Brent T. Geers' answer
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
Medical malpractice claims are intricate to pursue, and require an attorney. That said, you may find, after consultation with an attorney, that you are beyond the statute of limitations - meaning that an otherwise valid claim would be dismissed. The other issue is that pain and numbness is hard to base a med mal claim on. Every body is different, pain tolerances vary, and nerves can regenerate in 6 months for one person and 6 years in another person. You should, though, talk with an attorney....
Q: What are the MI state and Fed laws for transporting and delivering prescription medications?
1 Answer
| Asked
in
Civil Litigation, Medical Malpractice and Federal Crimes
for
Michigan
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Brent T. Geers' answer
Your situation is much too complicated to answer here as it involves drug laws and likely interstate commerce issues. It would seem that your employer is attempting to shore up the chain of custody, which they may very well be required to do by any number of state and federal regulations pertaining to drugs. And it may well serve to actually protect you as the driver. However, I would imagine to best protect you, you'd also need to inspect and sign something from the point of release. In other...
Your situation is much too complicated to answer here as it involves drug laws and likely interstate commerce issues. It would seem that your employer is attempting to shore up the chain of custody, which they may very well be required to do by any number of state and federal regulations pertaining to drugs. And it may well serve to actually protect you as the driver. However, I would imagine to best protect you, you'd also need to inspect and sign something from the point of release. In other...
Q: After a total hip replacement, doctor ordered but then cancelled my PT. I have not had any, should I pursue this?
1 Answer
| Asked
in
Health Care Law and Medical Malpractice
for
Michigan
on
Answered on Nov 30, 2017
Answered on Nov 30, 2017
Peter N. Munsing's answer
I'd talk to the doctors assistant, explain that the doctor indicated you'd be getting PT but you haven't heard back and you wonder as you still have problems if you'll be getting PT or what.
Or make an appointment with your GP, explain what happened, ask if that's usual, and chances are they'll follow up.
It's early to follow up with a doctor as when and how much PT to prescribe is variable. Sounds like sloppy follow up but given the very significant costs of a medical...
I'd talk to the doctors assistant, explain that the doctor indicated you'd be getting PT but you haven't heard back and you wonder as you still have problems if you'll be getting PT or what.
Or make an appointment with your GP, explain what happened, ask if that's usual, and chances are they'll follow up.
It's early to follow up with a doctor as when and how much PT to prescribe is variable. Sounds like sloppy follow up but given the very significant costs of a medical...
Q: This questions concerns medical malpractice ..is there a certain time limit for suing a doctors office for mistreatment
Peter N. Munsing's answer
Yes. Each state has different statutes of limitations. Call a member of the Assn for Justice for the state where it happened, that handles medical cases --they give free consultations.
Yes. Each state has different statutes of limitations. Call a member of the Assn for Justice for the state where it happened, that handles medical cases --they give free consultations.
Q: Is it a crime for an ER doctor to document that an examination was normal when no exam was done, Dr. ddn't touch pt.
Peter N. Munsing's answer
A violation of medical regulations but unlikely to be a crime. If there is one it would be for the insurance that paid for an exam to raise a fraudulent billing. If your disc was caused by an injury get a free consult from a member of the Michigan Assn for Justice.
A violation of medical regulations but unlikely to be a crime. If there is one it would be for the insurance that paid for an exam to raise a fraudulent billing. If your disc was caused by an injury get a free consult from a member of the Michigan Assn for Justice.
Q: Who can be held responsible for a condition that should have been recognized at birth, wasn't, and has caused deformity?
Peter N. Munsing's answer
If you are over 20, likely no one because of the statute of limitations. I suggest you contact a member of the Michigan Assn for Justice who handles Medical Malpractice claims--they give free consults.
If you are over 20, likely no one because of the statute of limitations. I suggest you contact a member of the Michigan Assn for Justice who handles Medical Malpractice claims--they give free consults.
Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10
1 Answer
| Asked
in
Elder Law, Legal Malpractice, Medical Malpractice and Nursing Home Abuse
for
Michigan
on
Answered on May 11, 2017
Answered on May 11, 2017
Don L Rosenberg's answer
Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to your mother.
Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to your mother.
Q: Can you sue if you have been in pain for 3 weeks, and you have been to the hospital and they have given wrong diagnoses?
Peter N. Munsing's answer
You can sue for anything, but malpractice cases are very expensive, and not catching something isn't always mis dicagnosis.
You can only sue if you can show that their not making the correct diagnosis caused you a problem that wouldn't be there without it. 3 weeks of pain isn't enough.
You can sue for anything, but malpractice cases are very expensive, and not catching something isn't always mis dicagnosis.
You can only sue if you can show that their not making the correct diagnosis caused you a problem that wouldn't be there without it. 3 weeks of pain isn't enough.
Q: Can the adult children file a malpractice lawsuit agianst the doctor of the deceased without telling the living spouse
Peter N. Munsing's answer
They would have to file an estate; spouse would have the right to be executrix; spouse should look at the estate papers, see if someone forged her name, get her own attorney.
They would have to file an estate; spouse would have the right to be executrix; spouse should look at the estate papers, see if someone forged her name, get her own attorney.
Q: How do I find out if my Aunts death is a malpractice case?
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Medical Malpractice and Wrongful Death
for
Michigan
on
Answered on Dec 12, 2016
Answered on Dec 12, 2016
Peter N. Munsing's answer
Sounds like neglect. You'd need to see the autopsy report. If she'd been at the doctor before and hadn't been fkagged there may be malpractice.Contact a member of the Michigan assn for Justice--they give free consultations.
Sounds like neglect. You'd need to see the autopsy report. If she'd been at the doctor before and hadn't been fkagged there may be malpractice.Contact a member of the Michigan assn for Justice--they give free consultations.
Q: Can you sue a doctor for permanent nerve damaged on the left hand that was caused by the bandage was to tight causing
Peter N. Munsing's answer
Not a slam dunk but get a consult from a member of the Michigan Assn for Justice--they give free consultations.
Not a slam dunk but get a consult from a member of the Michigan Assn for Justice--they give free consultations.
Q: Question about circumcision
1 Answer
| Asked
in
Personal Injury, Health Care Law and Medical Malpractice
for
Michigan
on
Answered on Sep 23, 2016
Answered on Sep 23, 2016
Peter N. Munsing's answer
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
If you are over 20 I can't imagine any state that wouldn't find that you are barred by the Statute of Limitations. Let me note however that your parents had given consent, so the doctor was doing what at the time was viewed as a normal procedure.Let me also note that many doctors still believe there are many benefits from circumcision. As it is not malpractice to chose one of two choices if both are within accepted medical practice, you would not have a case even if the consent of your parents...
Q: Can I sue for malpractice if staff forget to remove gauze from inside me?
Peter N. Munsing's answer
You have a claim. Whether or not it would be brought depends on the fallout, as cases are very expensive to bring and
it may be that what you'd get wouldn't cover the costs. But an attorney could see what they could get given the fairly clear flub on their part.Contact a membef of the Michigan Assn for Justice that handles medical cases and see what they say.
You have a claim. Whether or not it would be brought depends on the fallout, as cases are very expensive to bring and
it may be that what you'd get wouldn't cover the costs. But an attorney could see what they could get given the fairly clear flub on their part.Contact a membef of the Michigan Assn for Justice that handles medical cases and see what they say.
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