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Virginia Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can You sue a medical office for long lasting painful side effects following an unrelated procedure?

Since December My Mother's arm has been unnable to function since She went in for an unrelated procedure and had Her veins forced open over and over again for hours because he brings were small and possibly dehydrated. Instead of rescheduling they tried to force Her veins open which was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 2, 2021

A Virginia attorney could advise best, but your post remains open for two weeks. It would be difficult for any attorney to answer your question. It calls for a medical opinion. You could reach out to med mal attorneys in the Norfolk area. If they felt that your mother might have the basis for a... Read more »

1 Answer | Asked in Medical Malpractice and Civil Rights for Virginia on
Q: Is it legal to deny medical treatment to someone based on their disability or is it an ADA violation?

I was actively having an asthma attack and I went to urgent care and they denied me treatment because I couldn't put on a mask due to my breathing difficulties. They told me that if I didn't put on a mask, I had to go elsewhere for medical attention. They told me their hospital systems... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman answered on Jun 21, 2021

Dear sir / ma'am:

I am so sorry about the poor care you received. Thankfully, it sounds like you didn't suffer a permanent injury as a result of their misdiagnosis - as you acted quickly to ensure correct care and treatment. As such, you would not likely have a financially viable...
Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Child Custody and Education Law for Virginia on
Q: medical malpractice, failing to give proper diagnosis

As a Single Mother of 4 children who all have lifetime disabilities including myself. Lets start with Myself. I was finally approved from the SSA with having a diagnosis of OCD, Bi Polar II disorder, PTSD, Depression, Social Anxiety, Other mood disorders, Autism spectrum disorder and Schizophrenia.... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 7, 2021

A Virginia attorney could respond best, but your post remains open for two weeks. You provided lots of detailed information. In reading your post, it looks like the central issue is eligibility of your son for a Special Education program... and a misdiagnosis was involved. If that is correct, one... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Why can a female sue a dr but I cant

I just saw on the news where a lady sued a dr for misreading her mammogram but I had a surgeon put my hip in retroverted and I had 20 plus dislocations and I cant sue no one. Why is that.

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

A Virginia attorney could advise best, but your question remains open for a week. The answer to your question could be a lengthy one, but the concise answer based on the brief description provided is that no two individuals and the set of circumstances and legal theories surrounding their cases are... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I had an incident at the ER giles carilion..just want to know if I have a case or not

I went to the ER with a large kidney stone blocking my urinary tract. They ran 2 scans..dr said there was nothing there..then they pushed a catheter up in me and hit the stone and shoved it back up inside me doing tremendous damage plus the ungodly amount of pain that no words can describe.that... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 30, 2020

A Virginia attorney could advise best, but your question remains open for four weeks. To answer your question, an attorney would likely need the opinion of a medical professional. As a starting point, you could reach out to Virginia med mal attorneys. Most med mal attorneys offer free initial... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can i stilll sue

I went to duke to have my hip put back in then during rehab it popped out and they sent me to hospital after rehab center left me there for two days with 2 dislocated hips well rehab threw me out saying i costed them to much money. So i went home my hip popped out 22 times in two weeks. Went to... Read more »

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman answered on Oct 13, 2020

Oh wow - I am so sorry to hear all of this. You may have a claim against them - but I am not licensed in NC and cannot advise as to the laws of negligence in North Carolina. If you would like a few excellent attorneys licensed in both VA and North Carolina - I recommend Amberley Hammer (Va Beach)... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: When an attorney takes a case on contingency, do they usually get paid more than if they do it on an hourly rate?
Richard Maxwell Volin
Richard Maxwell Volin answered on May 20, 2020

If you are asking whether an attorney that WINS a contingency case gets paid more than if the attorney had simply taken the case on an hourly basis, then the answer is: It depends on the math. A quick win requiring very few hours would probably result in a contingency fee higher than the hourly... Read more »

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Will hospitals give privileges to doctor's who don't have medical malpractice insurance?
Tim Akpinar
Tim Akpinar answered on Mar 24, 2020

It could depend on the arrangement the doctor has with the hospital and the role in which they work (employee, independent contractor, part of group practice, etc.) Some arrangements include reimbursement for premiums. Additionally, different states treat the issue differently. Good luck... Read more »

2 Answers | Asked in Criminal Law, White Collar Crime and Medical Malpractice for Virginia on
Q: Does a conviction of "obtained drug by fraud" fall under the category of a Drug Crime or is it a White Collar Crime?

Or is it both? Also, after reading relevant Virginia Code, it's my understanding that in the State of Virginia it is only possible to be granted an expungement if found not guilty or charges are dismissed by the prosecution. Is that correct?

Susan Fremit
Susan Fremit answered on Feb 13, 2020

Yes, you are correct: only charges which have been nolle prosequi'd (withdrawn) or dismissed (and not via offender offender program) is a charge eligible for expungement. Even those charges which are eligible are not automatically expunged.

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Q: My previous jobs payroll company released my medical status with amount my consent. The code this 24-12-21.

I have documentation of the occurrence and now I am unemployed now do to the information being released.

F. Paul Maloof
F. Paul Maloof answered on Oct 14, 2019

I do not handle employment payroll matters. Sorry.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can a person get in trouble for accidentally call themselves a nurse? This person never given out medical advices either
Tim Akpinar
Tim Akpinar answered on Sep 28, 2019

Yes, they can if it's an official or professional setting. If it's at a party trying to impress a circle of guests after people have had a few drinks, no one is going to think twice about it. Tell your friend not to do that; the argument that it took place accidentally won't fly.... Read more »

2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof
F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: This is not working. At the end of this line of type it won't allow spacing or going on to the next line of type.

Who is held responsible for the duration of a Foley catheter being in a male patient? The patient? or the doctor? My urethra has to be damaged on the 16th of January, for a urodynamics test. The catheter was installed on November 29th. I bled perhaps a quarter cup of blood and I am in pain. I was... Read more »

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

Write down what happened when, who said what to who when before you forget. Focus on getting well, and you don't want to give anyone an idea that you would possibly sue anyone--otherwise the doctors you need will shy away, for worry they'll be "dragged into a malpractice case."... Read more »

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2 Answers | Asked in Medical Malpractice for Virginia on
Q: If you think you have a malpractice claim what is the first step you should take?
Anthony M. Segura
Anthony M. Segura answered on Dec 23, 2018

The first step is to gather the pertinent medical records and contact an experienced medical malpractice lawyer to discuss the case. If the lawyer is interested in the case, they will review the records and inform you whether your should further pursue the case. If you have trouble gathering the... Read more »

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2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... Read more »

Anthony M. Segura
Anthony M. Segura answered on Dec 23, 2018

I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on... Read more »

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1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

I believe that his issues are as a direct result of malpractice on the part of the memory care community in which he was living. At the suggestion of the care manager at the hospital, I contacted the Fredericksburg Adult Protective Services and the Va State Dept. of Licensing. She also suggested... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Dec 12, 2018

I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Dec 10, 2018

You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: What types of compensation would I be entitled to if I discovered a doctor left an item in me after surgery?
Rich Nagle
Rich Nagle answered on Sep 26, 2018

The compensation amount would be determined in part by the severity of the injury/complications caused by the offending item. Please feel free to contact me at 703-871-5060 to discuss.

Rich Nagle

2 Answers | Asked in Medical Malpractice for Virginia on
Q: My brother was prescribed the wrong medication and is now in kidney failure. Should I contact the hospital or attorney?
Rich Nagle
Rich Nagle answered on Aug 24, 2018

My advice is that you contact a medical malpractice lawyer.

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1 Answer | Asked in Medical Malpractice for Virginia on
Q: We feel the doctor waited too long to do the c-section and our baby has birth injuries - what is the next step?
Rich Nagle
Rich Nagle answered on Jul 30, 2018

You should contact a lawyer who specializes in birth injury cases. I am happy to speak with you regarding the claim as I have handled dozens of birth injury claims in my career. www.trialhawk.com

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