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Pennsylvania Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can a lawyer charge for getting medical records from a previous case?
Tim Akpinar
Tim Akpinar answered on Mar 7, 2020

A Pennsylvania attorney would be able to most accurately answer your question, as it could possibly involve state law. However, it remains open for two weeks. As a general premise, an attorney can charge for getting medical records if they are charged for them by a medical office or medical records... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Do I have a medical malpractice case?

In September I was pregnant and went to the hospital for what I thought was contractions. The doctor ordered a ultrasound because it was not contractions. Ultrasound showed gallstones. After pregnancy (February) I went to meet a surgeon for my gallbladder and gave him the ultrasound report. Oh the... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

I'm sorry for your ordeal. A Pennsylvania attorney could advise best, but your post remains open for three weeks. A good first step could be to contact a Pennsylvania med mal attorney. I hope your follow-up on Wednesday did not reveal kidney damage. An attorney could request your file and review... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: If I win a malpractice case, how much do I have to pay back my health insurance provider?
Tim Akpinar
Tim Akpinar answered on Feb 28, 2020

There is no universal formula. Insurance is governed by state regulations, so part of the answer could hinge on state-specific provisions of Pennsylvania law regarding subrogation (recouping by the carrier) of the cost of benefits originally provided by the carrier. It could also depend on the... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Statue of limitation on a medical mistake where the doctors did not know the long term affects of the medical mistake.

I was born October 9th, 1997 in Manchester New Hampshire.

My doctor had just started his career as being a doctor.

He over mediciated my mother at the time of my birth.

So much so, that I was born dead. I spent a significant amount of time in the NICU before being allowed... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

This is really a question best handled by a New Hampshire attorney, but you await a response for four weeks. You're going to have to discuss the matter with a med mal attorney to find out how the statute of limitations would be handled. That's why this is a state-specific issue. As a general... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Hello my name is Jonathan T. I have had a medical issue since I was a child(13) and was diagnosed with gastroentoritis.

Gastroentoritis is something that needs to be handled with care on what food you may eat containing to greasy or sauce or acid things of that such.They proceeded to tell me I had to have a emergency surgery because the doctor said it was something that they THOUGhT was going to cause problems in... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 4, 2020

I'm sorry for your ordeal with these conditions. This is a very complex situation. It also involves a very long timeline. These elements could make it daunting for a plaintiff's attorney. The best way to evaluate the matter would probably be to approach Pennsylvania med mal attorneys to try to... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: how do i find out if a family member filed malpractice lawsuit agaisnt the hospital or DR.

was told brother filed lawsuit for malpractice when my mother was in hospital and ill. Im trying to find out if this is true or not an

Tim Akpinar
Tim Akpinar answered on Oct 6, 2019

A Pennsylvania attorney could advise on some of the elements of this question better than anyone else, because it could involve looking things up in Pennsylvania courts. But your question remains open for two weeks. If the med mal claim was placed into suit and an index number was generated, you... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I had a hysterectomy done and I still bleed every month I think the doctors messed up
Tim Akpinar
Tim Akpinar answered on Jun 26, 2019

I'm sorry for the difficult situation you are undergoing. It would be absurd for anyone but a doctor or very knowledgeable medical professional to even attempt to tell you what they think this means. But if you relayed these brief basic concerns to your family or close friends, it seems likely they... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Pennsylvania on
Q: what do I do before statue of limitations expires?

sister passed away in nursing home. She fell 4/6/17. Officer arrived called his wife (she is supervisor which my sister resides), he then asked her what he should do,, tell he if she does not go to the hospital she will go to jail for public drunkness? She never came home, she passed away on May 28... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

You should immediately call a member of the Pa. Assn for Justice in the county where it happened --they give free consults. However with a confusing set of facts, and the statute of limitations running May 28th if it hasn't already run, you may not find an attorney willing to take it but make some... Read more »

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Pennsylvania on
Q: How do I find out if my Pennsylvania dentist ever had any malpractice cases against him?
Mark Scoblionko
Mark Scoblionko answered on Feb 21, 2019

You would have to check the indices of the Prothonotary/Clerk of Courts/Clerk of Judicial Records for the County where the dentist is located. Since you are not a lawyer and would not have access to the electronic records, you would probably have to go to the office personally and request... Read more »

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2 Answers | Asked in Medical Malpractice for Pennsylvania on
Q: Can i sue in federal court for med. malpractice. I can not get a lawyer to take case because of venue

I had a btched c-spine surgery and am paralyzed, and the neurosurg. used defective fusion devices,.

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

If it's surgical devices try attorney James Ronca in Philadelphia. If it's in the western part of the state consult attorney Jason Matzus. They give free consults--feel free to use my name.

You can only use Federal Court if you and the other party are citizens of different states. As some...
Read more »

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1 Answer | Asked in Health Care Law, Libel & Slander and Medical Malpractice for Pennsylvania on
Q: My husband is being told that he must be transferred to a scaled nursing facility

Due to something that was advocated and found in his blood work. I looked up the regulations and personally called the companies myself. And they are stating that isn’t the case and the hospital did not even try to put an authorization in to obtain that particular service. What rights does he... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

Contact the hospitals patient advocate and your family doctor.

1 Answer | Asked in Personal Injury, Civil Rights and Medical Malpractice for Pennsylvania on
Q: Do I have a suit

I was recently in an emergency room for mental health. I was put in a seclusion room for my safety. The nurse didnt lock the door. I walked out into the lobby. Several security guards were trying to stop me. I wasnt fighting I just kept walking. A trooper who was there for another reason came out... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

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.

1 Answer | Asked in Elder Law, Health Care Law, Medical Malpractice and Wrongful Death for Pennsylvania on
Q: My Father passed 1 year ago under terrible circumstances at a Tioga county nursing home. Can I file suit?

I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide

I checked with courts - he was not deemed... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: my wife went in for minimal invasion gallbladder surgery and ended up having open surgery with a huge scar.

Medical malpractice???

Cary B. Hall
Cary B. Hall answered on Aug 9, 2018

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.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Pennsylvania on
Q: We filled out papers we had to sign to begin with the lawsuite.

We were told we have a potential case

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 5, 2018

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

When I call the attorneys office he never responds to my calls.should I get another attorney?

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 5, 2018

No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Had my wisdom teeth removed and the oral surgeon cracked another tooth and denies it can i sue to get it fixed?

I continued to have numbness in half my mouth and he said that happens just like if u got surgery on another half of your body. You can live with it. I told him I saw a crack through my tooth he would look and say there's nothing there. after many appointments and being charged hundreds of dollars... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 20, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: If my infertility lab closes due to a possible contaminant, should I speak to a lawyer in regards to past failed trys?

28, healthy, 6 failed IVF try’s in last two years.

Peter N. Munsing
Peter N. Munsing answered on Feb 12, 2018

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...
Read more »

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: Can I file malpractice after 6 years in PA?

I underwent surgery in 2011, where they forced a breathing tube into my throat damaging my vocal chords. I was told by several doctors to give it time and they would repair themselves. After waiting and no improvement, I went to an ENT in 2017 where they examined my throat and found the right... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 4, 2017

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.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: 46 yo female-presented to the ER with episodes of vtach that were coming on strong-pulse 250-blood pressure very low

-symptoms were coming every minute or two-I let the ER know I had a tumor in my heart that was dx 25 yrs ago but was asymptomatic-I was almost passing out every episode-the nurse did an EKG it was abnormal but I was not in distress at that point-I told her to wait a minute to do EKG during an... Read more »

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

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.

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