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Pennsylvania Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Pennsylvania on
Q: Misdiagnosis of psoriasis when it was skin cancer led to surgery on my scalp and significant hair loss.

The PA who treated me said I had psoriasis on my scalp and prescribed a steroid. No biopsy was done. It didn't clear up, and I went to a different practice for my next body check. That Dr. said it's not psoriasis, took a biopsy and found it to be squamous cell carcinoma. It had been... Read more »

John Michael Frick
John Michael Frick
answered on Feb 23, 2023

It depends on whether the PA’s fell below the standard of care in the PA’s area of practice.

One study found PAs in a dermatology practice are more likely to order skin biopsies than dermatologists and that PAs diagnose fewer melanomas in situ, suggesting the accuracy of PAs may be...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Pennsylvania on
Q: I had a incident in a prison from not being medicated and had a seizure and was denied medical befor it happened

I had a seizure in prison because medical wasn’t medicating and they knew that I had seizures and even verified it thru my pharmacy and a week and a half later I had a seizure and I told the officer 3 time in the middle of the night that I needed medical attention and he would not call medical... Read more »

Ashley E. Killeen
Ashley E. Killeen
answered on Dec 24, 2022

You may potentially have a case, you should speak to a personal injury lawyer and/or a civil rights attorney to discuss the details of your specific fact pattern to see if it is viable to pursue. Best of luck.

1 Answer | Asked in Personal Injury, Wrongful Death and Medical Malpractice for Pennsylvania on
Q: If a hospital gave a wrong diagnosis and didn’t find an infection that led to death can they be held liable?

My Dad had Melanoma skin cancer and was on the medicine Eliquis where his whole body was covered in rashes, they told him it wasn’t the medicine and it continued to get worse. The hospitals didn’t wrap the infections and let him go with over the counter cream. In which turned into... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your father. The best way to answer your question would be to reach out to med mal law firms to try to arrange a free initial consult. That's the norm in the industry with... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Pennsylvania on
Q: I was intubated at A local Hospital on 3/15/2022 and as of 5/26/22 my voice has not returned.

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The intubation was done by a nurse anesthetist. It may (or may not) have been his first day! Since then, my voice is raspy/whispering without strength or volume behind it. All of my current drs have said I need to have it checked by a... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2022

A Pennsylvania attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal with the hospital. In terms of your question of whether you have a valid case to pursue, it would be difficult for an attorney to offer an opinion. You could reach out to med mal law... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Pennsylvania on
Q: For Pennsylvania, is there a limit on the number of questions that can be asked in an interrogatory?

To include all sub parts of questions, for the Court of Common Pleas.

Timothy Kraeer
Timothy Kraeer
answered on Feb 9, 2022

There isn't a numbered limit in the Pennsylvania Rules, but some counties will limit the number of questions in their local rules. Philadelphia is one such county for example. Check the local rules of civil procedure in whatever county the case is filed. Best of luck.

1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I had a nose surgery and the doctor caused me to have a anatomically narrow angle of the eye. Can I sue ??
Tim Akpinar
Tim Akpinar
answered on Jun 25, 2021

A Pennsylvania attorney could advise best, but your post remains open for three weeks. But it would be difficult for an attorney from ANY state to offer meaningful input based on this limited information. To answer your question, you're going to need to reach out to med mal attorneys in... Read more »

1 Answer | Asked in DUI / DWI, Health Care Law and Medical Malpractice for Pennsylvania on
Q: Can a D&A treatment program legally require you to stop taking perscription medication?

I recievced a dui and had minimal amounts in my system at the time with zero record or history of abusing my medication. Perscription is Medical Marijuana for the last 2 years

Mr. Ryan L Hyde
Mr. Ryan L Hyde
answered on Jun 16, 2021

Any trace of marijuana in your system makes it illegal to drive. It is a per se DUI. So while Marijuana is rapidly legalizing the DUI laws are showing no signs of changing in that regards. Can a treatment program force you to stop taking marijuana is another matter entirely. Typical attorney... Read more »

Q: Can I refuse a PCR test for “COVID” before surgery? The test cannot detect infectious disease and there is class action

The hospital is trying to force me to get a PCR test before a surgery. There is currently a class action lawsuit being filed by Dr. for Crimes Against Humanity as the maker of this test Kary said it cannot detect infectious disease. I do not consent and I need surgery. There is no law that people... Read more »

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

A hospital isn't obligated to operate on anyone who doesn't follow their protocols. You can ask for a different hospital but none of them are required to abide by your concerns. You have no Constitutional Right that forces anyone to give you medical treatment, especially under your terms.... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt
answered on Apr 22, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim for... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Medical Malpractice for Pennsylvania on
Q: Workmen comp case hurt at work ,have 4 bulging disc

Making me clock out for therapy. I live in Pennsylvania but work in New Jersey. On light duty but not really light duty. On a hour restriction but still seem to be working over 8 hours a day

Timothy Belt
Timothy Belt
answered on Apr 18, 2021

For a Pennsylvania workers' compensation claim, your employer can require you to obtain treatment outside of working hours, if treatment is available outside of working hours. If treatment can only be received within working hours, you may be required to punch out, but you may have a claim... Read more »

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1 Answer | Asked in Medical Malpractice for Pennsylvania on
Q: I had to be taken to emergency room last month for back problem's. They needed to operate. When being diagnosed by one

Of the doctor's it came to my attention that my pain management office documented that i recently or after the one they had done 5 years before had exray done on my back, which they had not. The physician and family members seemed confused why? Should i be thinking of legal action

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2021

A Pennsylvania attorney could advise best, but your post remains open for three weeks. As a general matter, it could be difficult to speculate on an x-ray that could have been taken five years ago, statute of limitations issues aside (a Pennsylvania attorney should advise on that). At any rate,... Read more »

1 Answer | Asked in Contracts, Criminal Law, Insurance Defense and Medical Malpractice for Pennsylvania on
Q: Do I have grounds for a lawsuit?

I went to a rehabilitation center to seek help for my alcoholism. I was there for 30 days. Their policy required patients to turn in all of their personal belongings (phone, wallets, etc) except for clothing. During my stay, one of their staff members stole my credit card and ID and committed... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2020

A Pennsylvania attorney could answer best, but your post remains open for two weeks. As a general matter, it does not appear to be a case that attorneys might consider taking on a contingency basis. If you are paying by the hour, the burden is upon you to provide evidence of the theft. In a busy... Read more »

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... 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... 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... 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... 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... Read more »

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