Missouri Medical Malpractice Questions & Answers

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.

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Feb 20, 2019
Todd N. Hendrickson's answer
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?

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Answered on May 28, 2018
Ronald J. Eisenberg's answer
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.

Q: I see so many ads for Depakote lawsuits. I took it from 1989-2013. I have a child with spina bifida.

1 Answer | Asked in Products Liability and Medical Malpractice for Missouri on
Answered on Mar 26, 2018
Peter N. Munsing's answer
Contact a member of the Missouri Trial Lawyers assn who handles drug product liability cases.

Q: I went for a knee x-ray and fell off the table hurting my back. Should I pursue?

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Answered on Mar 21, 2018
Peter N. Munsing's answer
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.

Q: This is a case of breach of confidentiality between a counselor/therapist and patient.

1 Answer | Asked in Personal Injury, Health Care Law, Libel & Slander and Medical Malpractice for Missouri on
Answered on Mar 13, 2018
Peter N. Munsing's answer
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.

Q: I have metallosis,not from hip replacement, from knee& femur surgery in 1994 & 1995. Are there any attorneys who handle

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Sep 1, 2017
Peter N. Munsing's answer
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.

Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Jul 7, 2017
Peter N. Munsing's answer
I think you asked this. See my answer.

Q: Does the jury need to be totally unanimous in a medical malpractice case to get an award?

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Jul 7, 2017
Peter N. Munsing's answer
I believe not, but why not ask your attorney, or if you don't have one a member of the Mo. Assn for Justice?

Q: can you sue hospital for not verifying POA and allowing someone other than POA 2 make medical decisions on my moms behal

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Answered on Jun 30, 2017
Peter N. Munsing's answer
Depends on the outcome. Review the situation with a member of the Mo. Assn for Justice who handles medical issues--they give free consults.

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

1 Answer | Asked in Health Care Law and Medical Malpractice for Missouri on
Answered on May 29, 2017
Peter N. Munsing's answer
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 good rehab specialist and hopefully you can develop enough functionality to overcome the symptoms.

Q: Can an esthetician in Missouri under the supervision of a M.D or D.O. perform esthetic injections?

1 Answer | Asked in Civil Litigation and Medical Malpractice for Missouri on
Answered on Apr 25, 2017
Todd N. Hendrickson's answer
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 on the extent of your injury, if any.

Q: can you sue for doctor not knowing patient has a tongue tie? When patient has severe feeding issues?

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Apr 20, 2017
Todd N. Hendrickson's answer
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.

Q: I am seeking an attorney in the st Louis area interested handling an implant dental malpractice suit..

2 Answers | Asked in Medical Malpractice for Missouri on
Answered on Jan 9, 2017
Brian Lehman's answer
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/

Q: Can u sue a doctor for getting cellulitis after getting shots

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Missouri on
Answered on Aug 8, 2016
Peter N. Munsing's answer
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 average case, call a member of the Mo. Trial Lawyers Assn--assn for justice. They give free consults.

Q: Does a mature minor (not 18) have a right to withhold medical info from a legal guardian in Missouri? Please cite.

1 Answer | Asked in Medical Malpractice, Health Care Law and Juvenile Law for Missouri on
Answered on Jul 23, 2016
Peter N. Munsing's answer
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 find a counselor and discuss ways to discuss this issue with the guardian. Short answer is that until you are 18,your rights are limited. Also understand that the more you want to say "I rule" the less...

Q: I Have Brain Injury due to a Severe Allergic Interaction from Prescribed Medication.Is this A Med Malpractice

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Jul 5, 2016
Peter N. Munsing's answer
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 liaibility. They give free consultations.

Q: If a Psychiatrist Prescribes a Medication that a Patient has a Severe Allergic Interaction Reaction From that Causes

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Jul 5, 2016
Peter N. Munsing's answer
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 copy for the person you will be seeing.

Q: State of MO. If the defendant in a case causes permanent damage to a patient in a medical facility, IF the defendant

1 Answer | Asked in Personal Injury and Medical Malpractice for Missouri on
Answered on Jul 1, 2016
Peter N. Munsing's answer
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.

Q: Can a Medical Malpractice be Brought against a Psychiatrist?

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Jun 25, 2016
Peter N. Munsing's answer
A lot depends on timing, your symptoms, the medical records. I suggest you contact a member of the Missouri Trial Lawyers Assn--they give free consultations. Look for one who handles medical negligence cases.

Q: Why would a hospital refuse to share blood test results with patient

1 Answer | Asked in Medical Malpractice for Missouri on
Answered on Feb 4, 2016
Adam Studnicki's answer
In many states, patients have a right to their medical records. A local lawyer can advise.

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