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Virginia Medical Malpractice Questions & Answers
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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1 Answer | Asked in Insurance Defense and Medical Malpractice for Virginia on
Q: Hello, my daughter was born with a cleft lip and gum line. Do we have cause to not pay out of pocket for her surgeries?
Rich Nagle
Rich Nagle
answered on Feb 14, 2018

That depends on whether or not there was a breach of medical standards of care. Do you have reason to believe inappropriate care was given? If so consultation with a lawyer to review your claim would be the next step. www.trialhawk.com.

1 Answer | Asked in Consumer Law and Medical Malpractice for Virginia on
Q: Can they do this?

I recently received a letter from my chiropractic group telling me that my particular doctor was no longer with the group. It also informed me that they had reviewed my records and were “discharging me from the practice”. I would no longer be able to see any of their doctors, effectively... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 4, 2018

Maybe find out what the problem is so that if it's a way you present you can avoid problems in the future. A physician can chose who they will see. There are many other chiropractors out there, many of them good. Try another.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I was diagnosed with a sprain after xrays was done and after 2 months I was sent to a specialist because of the pain

the specialist found I had a broken bone after second set of xrays. Do I have a case against 1st doctor that said I had a sprain.

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Not unless it was something so clear on an x ray it couldn't have been seen. Assuming your limb didn't swell up significantly, it could have looked like a sprain, acted like a sprain, but wasn't . This is especially true of "occult" fractures which aren't magic, just... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: Can you please let me know if its legal in Virginia for the Emergency Room EXAM rooms to have hidden cameras/audio?

I would like to know if its legal in Virginia to have hidden cameras in the Emergency Room private exam rooms ? I know when you sign into the ER you have to consent to many forms. Not sure of this may include consenting to having your rights violated in a room you expect to have privacy in with... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Given the level of violence in ER's not likely it is a violation.

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: My daughter has liver damage cause by a methyldopa. Does she have grounds for medical malpractice?

Methyldopa was prescribed for hypertension February 2017. She constantly paid for repeat doctor visits complaining of body weakness, nausea and achy joints. Doctor advised nothing was wrong. She finally went to the emergency room where she was diagnosed with acute hepatitis and referred to a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Was the cirrhosis caused by or merely made worse by the drug? Contact a member of the Va. Trial Lawyers Assn that handles medical cases--they give free consults.

1 Answer | Asked in Medical Malpractice and Car Accidents for Virginia on
Q: Can you get a ticket after a accident ?

I was coming around a blind turn roads wet truck in road but in grass four ways on blocking a car in a ditch a SUV on lEdit parked with no four ways light on coming around the turn wet roads truck won't stop was sliding into the SUV so I went off the end bank so I wouldn't hit the SUV no... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

Possible but unlikely. If you do plead not guilty.

However, possible one of the others may be responsible for your damages. Why not contact a member of the Va. Trial Lawyers Assn? They give free consults.

1 Answer | Asked in Animal / Dog Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: seeking attorney for consultation for animal medical malpractice for fairfax, virginia
Peter N. Munsing
Peter N. Munsing
answered on Apr 21, 2017

The problem is that the value of the animal is basically the market value.However there may be other things involved.Start with members of the Va. trial Lawyers Assn-they give free consults.

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Q: Are there legal remedies against medical facility with breech of records and neglige

A large hospital was careless. negligent and did not take REASONABLE care or even any possible protocol for transferring 7 years of medical records. We were notified by the Regional Director there has been a breech with this and of course I am sick with worry/ The hospital tried to cover up the... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Generally no. If you can show there was in fact some definite use of the information by someone for identity theft you may have a claim.

1 Answer | Asked in Contracts, Health Care Law, Legal Malpractice and Medical Malpractice for Virginia on
Q: Hello, Is there any legal remedy to sue a hospital for medical records breach that was cover up by employee ?

The hospital did not take reasonable care and we were notified there has been a serious breach of hippa and privacy rights. My concern is not knowing who has all these records and the employee took great measures to cover up the breach but it was discovered . Do we have a lawsuit ? I really hope... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Generally there are not damage cases you can bring for a HIPAA violation.Contact a local attorney to be sure.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Do insurance companies give doctors a choice as to whether or not to settle a medical malpractice lawsuit?
Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2017

Usually it's the doctor who demands taking it to trial. If the doctor wants to settle, the insurance company doesn't Have to agree, but risks a bad outcome if they don't .

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for Virginia on
Q: HB 2163 in Virginia if it is signed into law when does it come into effect. Does it come into effect july 1st?

I am a patient being treated with buprenorphine and if this law is passed my understanding is I will lose my medication. It can't be legal for someone to be taken off a medication they would need to be detoxed from at least is it? I have an allergy to Narcan so I cannot have suboxone, I need... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

Contact your local state rep or state senator.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: If your father is in physical therapy and receives the wrong medication can you call and have him taken to a hospital
Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2017

The call would have to be from him or the phsycial therapist usually.

And having the wrong medication doesn't mean he has to be hospitalized if it isn't doing him harm. He should talk to his doctor.

1 Answer | Asked in Health Care Law and Medical Malpractice for Virginia on
Q: I need to know if it is legal for a doctor or medical facility to dismiss a patient from their service( see additional)

by registered letter without stating the reason and refusing to explain to the person or person allowed to have information on the person (Medical information). I suspect this may be because of pain meds but have medical proof of problems requiring meds. And this may again delay needed surgery... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 5, 2017

Yoiu can't make a doctor take you on. You can look at your medical records. Assuming they are kept electronically you can ask for a disc with the records --this saves you a lot of costs. Then take disc to staples & have them print it off.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: If I told my doc that the pain was coming from my hip/butt, is it malpractice for him to order MRI on lumbar spine only?

Sharp pain in hip/butt/upper thigh for years. Told probably sciatic pain BUT all docs I talked to said sciatic pain is only one side, whereas mine would go back and forth between my left and right. Sometimes both sides. Sometimes no pain/manageable sometimes debilitating. Went to chiropractor, took... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 11, 2016

Not sure why it wasn't covered but for anyone that is reading if you are paying for an MRI see if they have a "self pay" rate and shop around.

To answer your question, if you have radiating pain a lumbar MRI will cover those levels of the nerve roots that may be the cause of...
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1 Answer | Asked in Medical Malpractice and Products Liability for Virginia on
Q: Why won't attorneys sue Pfizer Pharmaceutical for tetracycline given to children back in the 60's & 70's?
Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

They did. But there are statues of limitations and statutes of repose, not to mention very high hurdles for the type of evidence that can be presented in a medical product case.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: What is generally the hardest thing to prove in a medical malpractice case, and why do most cases settle out of court?
Peter N. Munsing
Peter N. Munsing
answered on Aug 14, 2016

Most cases settle out of court if they do at all due to risk management--jurors have been preconditioned by insurance advertising right in the doctors office to be suspicious, to feel threatened by malpractice claims. The biggest problem is ususally proving causation--that it was the doctors... View More

1 Answer | Asked in Medical Malpractice for Virginia on
Q: My husband was treated for base of of tongue cancer. Another swelling came up, and he was treated with antibiotics and

steroids for 3 weeks instead of the doctor ordering a scan to see what was going on. He ended up having to have an emergency treachostomy due to the swelling of the tumor. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2016

Possibly. Contact a member of the Virginia Trial Lawyers Association who handles malpractice cases in the area where the incident happened. If your husband didn't report back to his oncologist about the swelling it may be an issue.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: I had an ingrown toenail removed in December. She was only supposed to remove the corner. It took 7 1/2 weeks to heal.

Now I am losing the whole nail and so far no nail is growing in behind it. She put too much acid in it. She assistants implied she didn't know what she was doing and when I requested an appointment with another physician in the practice he said he had already addressed the issue along with... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

Suggest you contact a member of the Virginia Trial Lawyers Assn who handles medical issues.They may want to wait and see what happens with you. But they give free consultations so call one of them. You do NOT want to mention this on any social media, and even watch your emails. If it does become a... View More

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