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Virginia Medical Malpractice Questions & Answers
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... View 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... View 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... View More

Lauren Morgan Ellerman
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)... View 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... View 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... View 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.... View 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... View 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."... View 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... View 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... View 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... View 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... View 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

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.
Jan F Hoen
Jan F Hoen
answered on Apr 6, 2018

You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: My sister had a procedure that rendered her infertile.

The doctors did not properly explain that this was a possible side effect. Does this constitute malpractice even though the surgery went well otherwise?

Rich Nagle
Rich Nagle
answered on Feb 23, 2018

Maybe. If the risk of infertility was not disclosed but under the prevailing standard of care a reasonable physician would have done so and if your sister would have declined the procedure had she been so warned the elements would be in oplacw for a successful med mal claim.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I am applying for medical malpractice insurance. What qualifies as "mental impairment"?

The question is: "Have you ever been diagnosed with, or treated for, alcoholism, drug addiction, or mental or physical impairment

or anger management? " and if you answer yes, the subsequent question is "Explain and provide dates and locations of all treatment or evaluations... View More

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

Depends on the issue. Ask the insurer for the definitions.

The follow up seems to mean any treatment during the impairment period--who were the providers, who was the treating physician or clinician.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: if my oral surgeon extracted the wrong tooth, then falsified my medical records, do I have a case
Rich Nagle
Rich Nagle
answered on Feb 19, 2018

The short answer is you likely have a claim although the value of the claim from a settlement/jury award perspective may not be significant. A closer review of the facts would reveal the extent of the damages and, hence, the potential value of your claim.

2 Answers | Asked in Medical Malpractice for Virginia on
Q: Can I sue doctor and hospital? Doctor did not do surgery correctly.

I need to have surgery again because doctor did not do surgery correctly. I have difficulty walking due to severe pain and swelling in my foot and leg. I use a power chair for mobility most of the time.

Rich Nagle
Rich Nagle
answered on Feb 14, 2018

Yes if there was substandard care provided. Consultation with an attorney will shed light on that question.

www.trialhawk.com

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