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Missouri Medical Malpractice Questions & Answers
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... 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...
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... 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... 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.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Can a Medical Malpractice be Brought against a Psychiatrist?

My Psychiatrist Prescribed me 60 mg of Cymbalta that I had a Severe Allergic reaction Interaction too.That Caused a Severe Electrolyte imbalance and I Blacked Out and Feel down my Daughters Basement Steps and was Rushed to thee Hospital with Acute Subdural Hematoma and 7 Staples Put in my Head... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jun 25, 2016

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.

1 Answer | Asked in Medical Malpractice for Missouri on
Q: Why would a hospital refuse to share blood test results with patient
Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

In many states, patients have a right to their medical records. A local lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Medical Malpractice for Missouri on
Q: I was taken to a hospital by ambulance. Once I got to the hospital the emergency room put me in the waiting room.

It took 2 hours to be assessed as having something serious wrong. I was having a Stroke. They never looked at my eyes. I was completely dizzy and throwing up from the time I woke up. My blood pressure and pulse were normal. I am fortunate that I only have minor issues but I feel as though if a... Read more »

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

A local malpractice lawyer can order medical records and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Medical Malpractice for Missouri on
Q: 3 doctors 2 MRIs 2 surgerys on the same knee surgeries a year apart. They missed a tear what can I do?

Torn municus 2 tears 1 doctor said a sprain, 2nd operated without seeing anything on the MRI 3rd found a tear the 2nd missed a year later and repaired it. Is there a case I've been crippled up for a year over this.

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

More information is needed to determine if you have a viable claim. A local medical malpractice lawyer can evaluate and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education...
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1 Answer | Asked in Medical Malpractice for Missouri on
Q: Need an Attorney to sue surgeon that put wrong size implant into knee which caused me to have another surgeon remove it
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Feb 7, 2015

You will need to retrieve your surgical records from both surgeries and contact an attorney in your area to consult on this.. It would also be important to know what if any residual problems you are having today. In medical malpractice cases, not only is the patient obliged to prove to a... Read more »

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