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Missouri Medical Malpractice Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Medical Malpractice for Missouri on
Q: Can you sue a doctor for a failed back surgery it was during a workers compensation claim

I was injured at work and was told that I needed back surgery because I had a compressed disc so I went through with it and it didn't help at all now I have scar tissue that prevents me from having any further surgeries to help me this was during a comp case I am disabled now and the doctors say... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

I'm sorry for your ordeal with your injury and ensuing surgery. Unfortunately, an attorney can't really make a call on this based on these brief facts, despite the admission made by the doctor you describe. What they can do is request your medical records, including diagnostic imaging studies, and... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: After surgery my son was screaming BURNING underneath his cast wrapping. A week later he has awful bloody blisters.

My son went into surgery after been shot in his elbow. They had to do surgery and place screws in his elbow and arm. He is wearing a cast. Immediately after the surgery I (his mom) was there and he was screaming it’s BURNING ITS BURning! They thought it was his nerves. A week later while sitting... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 5, 2019

I'm sorry for your family's ordeal. To make a meaningful assessment of what happened here, a med mal attorney would need to request the records for your son's surgery and post-op care, and review them with a medical professional. For now, take photos of the blisters and other conditions you... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Mom went to her dr multiple times in 2016.Told her she was diabetic.Later xr’d her back said it’s a mess.

Is there a case for medical malpractice? Diagnosed Oct 2017 with metastatic breast cancer in her bones. She died Dec 8, 2018. Her dr never mentioned breast cancer. Her calcium level was dangerously high so our local hospice. Rushed her to st lukes. She was diagnosed then. Her dr only said her back... Read more »

Todd N. Hendrickson
Todd N. Hendrickson answered on Feb 20, 2019

It is impossible to tell from the information you've given. The X-ray of her back--did it reveal that breast cancer had spread to her back? Was that when the breast cancer was first diagnosed? Were there indications consistent with breast cancer before then?

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: i had a turp procedure and the hospital put the IPC bags on my legs but had no pump available. 10 days later a blood clt

they didn't do all they could to prevent the clots do i have a legal case

Ronald J. Eisenberg
Ronald J. Eisenberg answered on May 28, 2018

Without reviewing your medical records and gathering more facts, it would be hard for any attorney to form an opinion of the strength of your potential claim. Contact a local attorney who practices med-mal.

1 Answer | Asked in Products Liability and Medical Malpractice for Missouri on
Q: I see so many ads for Depakote lawsuits. I took it from 1989-2013. I have a child with spina bifida.

My dad was a vet exposed to agent orange (seems like it may be relevant eventually) . I also knew the risks of the drug (I read the detailed folded up papers attached to the bottles). My dr was liable by not returning my call around the time of conception while titrating off depakote (for seizures)... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

Contact a member of the Missouri Trial Lawyers assn who handles drug product liability cases.

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Q: I went for a knee x-ray and fell off the table hurting my back. Should I pursue?

So I saw the doctor and told her about my knee and back pain. She gave me muscle relaxers and steroids for the back pain and sent me for knee X-rays and I was too short for the one rooms machine so the tech was going to have me stand up on the X-ray bed to do it and when I was getting up there, my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

Get a consult from an attorney who handles medical issues in your town--they usually give free one. I don'tt see it but much would depend on how you fell.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

This is a case of breach of confidentiality between a counselor/therapist and patient, where the breach has and will continue to affect the patient emotionally for not only as long as the patient lives at her current address, but forevermore due to the entire nature of the breach. There is solid... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

Generally no, because there is no remedy for most breaches of confidentiality. Contact a member of the Mo. Assn for Justice as they give free consults.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I have metallosis,not from hip replacement, from knee& femur surgery in 1994 & 1995. Are there any attorneys who handle

cases like mine?

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

Yes. Do you know the manufacturer? Start by getting your medical records from those surgeries. No need to explain why.

Get a copy of the bills if you can--they may identify manufacturer. You want the complete chart for each surgery.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

I think you asked this. See my answer.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?
Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2017

I believe not, but why not ask your attorney, or if you don't have one a member of the Mo. Assn for Justice?

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: can you sue hospital for not verifying POA and allowing someone other than POA 2 make medical decisions on my moms behal

my mom was admitted into hospital with pneumonia, a family member ( a cousin) not responsible for moms care sign a paper in the hospital that states that she was the one to contact in regards to making my moms medical decisions. This person had my mom listed as a no code -DNR . hospital added this... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 30, 2017

Depends on the outcome. Review the situation with a member of the Mo. Assn for Justice who handles medical issues--they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Q: I have dropfoot & nerve pain in foot/leg since 6/'15, which wasn't fixed surgically, due to no wk/end staff doing MRI's

My surgery was delayed over the weekend, (MRI staffing is not on duty on weekends unless brought in on "emergencies"), and an additional delay of about 8 hours, because of being allowed a meal right before being told I would need to have surgery on my back right away to try to fix the problem.... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

Contact a member of the Mo. Assn of Trial Attorneys who handles malpractice cases. They give free consults.

An issue would be what happened before--it's rare to develop immediate dropfoot. Much will also depend on what the ER records say. Separate from the lawsuit bus., make sure you have a...
Read more »

1 Answer | Asked in Civil Litigation and Medical Malpractice for Missouri on
Q: Can an esthetician in Missouri under the supervision of a M.D or D.O. perform esthetic injections?
Todd N. Hendrickson
Todd N. Hendrickson answered on Apr 25, 2017

I have never specifically researched the issue, but given the limits of typical esthetician training, I seriously doubt it. If one has performed injections on you, it may be malpractice on the part of the esthetician and the supervising physician. Whether it is a viable malpractice case may depend... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: can you sue for doctor not knowing patient has a tongue tie? When patient has severe feeding issues?

My son was born at 33 weeks spent 5 weeks in the hospital. He was there because he had feeding issues. Had to feed him sitting straight up nipple of bottle could only have a little milk at a time or he would choke. Why didn't they look inside his mouth and see he was tongue tied?

Todd N. Hendrickson
Todd N. Hendrickson answered on Apr 20, 2017

The question is whether this has caused some permanent damage to your son. If not, if the damage was restricted to the 5 weeks, then this is unlikely to be a viable medical malpractice case.

2 Answers | Asked in Medical Malpractice for Missouri on
Q: I am seeking an attorney in the st Louis area interested handling an implant dental malpractice suit..
Brian Lehman
Brian Lehman answered on Jan 9, 2017

Here is a list of lawyers in St. Louis who handle personal injury: https://www.justia.com/lawyers/injury-accident-law/missouri/saint-louis

Here is a more narrow list from a different provider: http://attorneys.lawinfo.com/dental-malpractice/missouri/st-louis/

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Q: Can u sue a doctor for getting cellulitis after getting shots

Had. To go to hospital

Peter N. Munsing
Peter N. Munsing answered on Aug 8, 2016

No. First, very difficult to show it was from the way they gave the shot. Cellulitis can come from many events. You can get it after poison ivy, for instance. Second, malpractice cases extremely expensive and liklihood you'd get an award greater than cost very small. But as you had a worse than... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law and Juvenile Law for Missouri on
Q: Does a mature minor (not 18) have a right to withhold medical info from a legal guardian in Missouri? Please cite.
Peter N. Munsing
Peter N. Munsing answered on Jul 23, 2016

Depends on the age, whether the person is an emancipated minor. Bigger issue is how to handle it on a relational/person to person level. I'm assuming the guardian is appointed or a stepparent. Starting a war over information means you can win the war but the battlefield is a mess. I suggest you... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: I Have Brain Injury due to a Severe Allergic Interaction from Prescribed Medication.Is this A Med Malpractice
Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

This depends on the nature of the reaction. It could be a dangerous drug issue, where the drug is wrongly marketed or lacks adequate warnings; may possibly be malpractice. I suggest you contact a member of the Missouri Trial Lawyers Association that handles medical malpractice and drug products... Read more »

1 Answer | Asked in Medical Malpractice for Missouri on
Q: If a Psychiatrist Prescribes a Medication that a Patient has a Severe Allergic Interaction Reaction From that Causes

Brain Injury From a Tumble Down thee Steps Due to A Black Out From thee Severe Allergic Interaction Reaction; My Question would be in this Case Is thee Negligence of thee Psychiatrist Prescribing this Medication that He was very Much Aware of the Side Effects Myself as his Patient had bought to his... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

This is almost identical to a post from Washington. I have similar advice--contact a member of the Missouri Trial Lawyers Assn who handles malpractice and drug manufacturer liability--they give free consultations.Get a print out from your drug store for the last 6 months before the incident. Make a... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Q: State of MO. If the defendant in a case causes permanent damage to a patient in a medical facility, IF the defendant

was a volunteer & NOT an actual employee, would the case be considered medical malpractice or personal injury?

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2016

volunteers are under supervision of the facility: patient is to be cared for by the facility. A non-delegable duty. Suggest you contact a member of the Mo. Trial Lawyers Assn who handles hospital malpractice--they give free consultations.

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