Pennsylvania Medical Malpractice Questions & Answers

Q: Do I have a suit

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on
Answered on Oct 18, 2018
Peter Munsing's answer
If you can show there was an injury. Technically you do, but whether it's worth bringing depends on whether there was an injury. Contact an attorney for the county where it happened.

Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Answered on Sep 11, 2018
Peter Munsing's answer
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.

No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...

Q: my wife went in for minimal invasion gallbladder surgery and ended up having open surgery with a huge scar.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Aug 9, 2018
Cary B. Hall's answer
No idea from the very limited facts you've supplied. Contact your local lawyer referral service to get connected with a medical malpractice attorney to go over your case in further detail.

Best of luck to you.

Q: One of my sisters was named as the executor of my mother’s will.

2 Answers | Asked in Estate Planning, Medical Malpractice, Nursing Home Abuse and Wrongful Death for Pennsylvania on
Answered on Jul 18, 2018
Elizabeth Tarasi's answer
According to Section 8301 of the Pennsylvania Wrongful Death Act, the wrongful death action seeks to compensate a decedent’s loved ones for the death of the decedent when that death was caused by the negligence, unlawful violence, neglect, or wrongful act of another. Traditionally, wrongful death actions sought to compensate the decedent’s family for the economic loss caused by the decedent’s death, usually by awarding damages for the income the decedent would have earned had he or she...

Q: We filled out papers we had to sign to begin with the lawsuite.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
I am located in Pittsburgh. If you would like to call me to discuss this my phone number is 412-391-7135.

Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Products Liability for Pennsylvania on
Answered on Jul 5, 2018
Elizabeth Tarasi's answer
No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

Q: Had my wisdom teeth removed and the oral surgeon cracked another tooth and denies it can i sue to get it fixed?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Feb 20, 2018
Peter Munsing's answer
You need an assessment and estimate from another dentist. However unlikely you can get it back before you need the treatment--first, until they have been in there they won't know what it is they are dealing with. Second you need an assessment you can use in court and I doubt a dentist will give that. So plan on your paying for it as the legilators in Harrisburg have sheltered Dentists and doctors nicely. Ultimately you can take him to small claims, but you will need a letter saying it was what...

Q: If my infertility lab closes due to a possible contaminant, should I speak to a lawyer in regards to past failed trys?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Feb 12, 2018
Peter Munsing's answer
You want to speak with a member of the Pennsylvania Assn for Justice that handles medical cases--they give free consultations.

The problem you have is showing that the lab did something wrong which caused your IVF attempts not to succeed. Many do not succeed, so this is not an easy thing to prove.

Contamination doesn't mean it was there during your tries &/or that that would have caused the IVF fail.

Q: Can I file malpractice after 6 years in PA?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Dec 4, 2017
Peter Munsing's answer
Unlikely but you should have the case reviewed by a member of the Pa. Assn for Justice who handles malpractice. If you need the names of some in your area let me know.

Q: 46 yo female-presented to the ER with episodes of vtach that were coming on strong-pulse 250-blood pressure very low

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Sep 1, 2017
Peter Munsing's answer
Not necessarily but you need to contact a member of the Pa. Assn for Justice who handles medical cases--they give free consultations. Call me at my toll free number and I'll give you the names of some excellent attorneys in the Harrisburg area.

Q: If you had surgery and later find out they left something in you and are getting infections should i sew

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Jun 19, 2017
Peter Munsing's answer
You have a claim. What it is, how good it is is hard to tell.

We provide free consults so you can have an opinion or at least a specialist referral. Call us or another member of the Pennsylvania Assn for Justice today.

Q: legal liability of a clinical nurse instructor who deems a nurse competent but the nurse causes bodily harm to a patient

1 Answer | Asked in Legal Malpractice, Personal Injury and Medical Malpractice for Pennsylvania on
Answered on May 29, 2017
Peter Munsing's answer
No case law I'm aware of specific to that particular situation. Much would depend on the procedure to be preformed, the degree of risk, the nature of any supervision. Feel free to call if you have further questions. Yes I'm in Memorial Day.

Q: Can i have any right now to contact a lawyer

2 Answers | Asked in Medical Malpractice for Pennsylvania on
Answered on Apr 24, 2017
Peter Munsing's answer
Certainly sounds like it. Give me a call and I can review your options in detail, suggest some good attorneys, who will take the case on a no-up front fee. . For the future if he needs care the Shriners have a great program for orthopedic injuries; I can discuss that option with you also..

Q: I was recently given the wrong prescription from my pharmacist. I took these pills for a month.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Apr 17, 2017
Peter Munsing's answer
Unlikely unless there is other fallout you haven't mentioned. Discuss the issue with your doctor to make sure your step down is done properly. Save receipts, bottles, anything connected with this--bags it came in if that also had Rx information on it.

Q: Does my gram have a case if her doctor was negligent and punctured her artery during surgery which caused an injury (PA)

2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Answered on Apr 15, 2017
Mark Scoblionko's answer
It is a matter which should be carefully evaluated by a lawyer who handles these types of matters.

Q: Can your doctors deny medical records to be sent to another doctor due to overdue balance?

1 Answer | Asked in Medical Malpractice and Health Care Law for Pennsylvania on
Answered on Feb 6, 2017
Peter Munsing's answer
This is improper. Explain that you will if necessary to get your child care file a complaint with the department of health and the consumer division of the AG's office. Under the ACA and other statutes your daughter has rights.

You should, by the way, see if she can get coverage under CHIP or ACA that will avoid bills--you may get an aca subsidy under some circumstances with a child that you otherwise wouldn't.

Good luck!

Q: Is it malpractice if my autistic son , on the day of admission to a facility, to not be given his meds, vitals not taken

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Feb 1, 2017
Peter Munsing's answer
Bad practice yes. Malpractice for a case? No. If something really bad happened as a result possibly, but I'm not hearing it did. You don't get damages for what could have happened--just for what did happen.

Q: If my wife and i are granted settlement monies from malpractice case for our daughter, would my ex- girlfriend get any

1 Answer | Asked in Medical Malpractice and Family Law for Pennsylvania on
Answered on Feb 1, 2017
Peter Munsing's answer
If its for your daughter, it should be held in trust for her until she is 18 or therafter. You may recover monies paid for medical expenses and some other fees, but as I'm sure your attorney mentioned, there is usually a lien on those settlements. Your ex girlfriend has nothing to do with the case, nor do her children. Any obligation you have in that regard is child support which has nothing to do with your daughter's case.

Q: I got in a dispute of $550 with my dental office. They claimed they did services which my insurance won't cover

1 Answer | Asked in Health Care Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Answered on Jan 18, 2017
Peter Munsing's answer
You can tell them you did not consent to the services they are billing you. If they have a debt collector call you you file a complaint with the medical board that licenses dentists.

Q: Can CRNA deliver anesthesia to podiatry patient if oral surgeon w/ unrestricted permit is available in PA?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Answered on Nov 14, 2016
Peter Munsing's answer
regardless of what I or any other lawyer says you need to find out what your licensing board would say, and what your insurance company would say.

Generally if a law or administrative regulation is enacted for public health, then it will be construed in that way not in a way that makes providers most comfortable. If it sounds pushing the envelope, don't do it.

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