Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Medical Malpractice Questions & Answers
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 »

View More Answers

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 »

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 »

View More Answers

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....
Read more »

View More Answers

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.