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Virginia Medical Malpractice Questions & Answers
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

1 Answer | Asked in Immigration Law, Personal Injury, International Law and Medical Malpractice for Virginia on
Q: International student get assualted by a person who tried to rob me

Hi I am an international student here yesterday I was going to my home waiting for the bus. Bus came that guy went first and asked me a change but I don't have any change then he punched me to my chin and pushed me I fall from the bus I got bruise on my chest and feel sore on my face and I... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 20, 2015

Hello,

Sorry about the incident, you might be able to apply for a U visa if you meet certain requirements. However more facts and information is needed, you should immediately contact an immigration attorney as this could be a huge positive for you to get a green card through the U visa....
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1 Answer | Asked in Medical Malpractice for Virginia on
Q: what does upon final resolution of my medical professional liability claim involving an Insurance company mean

I am in the middle of medical malpractice case but resolving issue on my own and the insurance company of the medical facility sent authorization for disclosure of health information paper work for me fill out and at the bottom it says upon final resolution of my medical professional liability... View More

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

A lawyer can review the entire document and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
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2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for Virginia on
Q: I fell out of a hospital bed, due to the nurse not putting the railing up. Do I need a negligence lawyer ?

On Saturday the 5th I was seen at a local hospital and the nurse assisted me in the bed and situated me on my left side because I was seen for pain on my right side. I did not know that she had not put the side railing back up, and when she came back in I went to reach for the railing on the right... View More

Adam Studnicki
Adam Studnicki
answered on Sep 11, 2015

This is a general q&a tool. To locate a lawyer, you can use the find a lawyer tool on this site.

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Please Take Notice: I...
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1 Answer | Asked in Medical Malpractice for Virginia on
Q: Is it too late to sue for medical malpractice for a procedure that was done 8 years ago and resulted in death?

I'm seeking advice for my daughter's day care teacher. Her husband went to Loudoun Hospital for a simple procedure and died before the surgery even started. He was fine beforehand, laughing, no signs of illness, etc. The hospital still charged the insurance $8,500 for the procedure... View More

John M DeProspo
John M DeProspo
answered on Jun 27, 2015

There is a two year statute of limitations on wrongful death claims in Virginia. The time has longed passed to look into a claim.

1 Answer | Asked in Medical Malpractice for Virginia on
Q: Can your doctor dismiss you without cause?

Doctor dismisses long time patient with serious medical conditions during treatment. Doctor and patient have enjoyed a good doctor patient relationship for over 6 years. During the last appointment, Dr. told patients he

was proud of her progress, that she could trust him. Doctor dismissed... View More

Jan F Hoen
Jan F Hoen
answered on Dec 18, 2014

A doctor can dismiss a patient at his discretion. As an ethical consideration, he should ensure that the patient can receive treatment elsewhere but he cannot be required to continue to treat a patient.

She may wish to contact the State Board of Medicine in Richmond if she desires to...
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1 Answer | Asked in Medical Malpractice for Virginia on
Q: I was in a car accident the case is already settled but can I sue my doctor for not notifying me of metal poisioning due

The accident dislocated my jaw and loosed a filling and a crown in my mouth

Jan F Hoen
Jan F Hoen
answered on Dec 18, 2014

Your question is not entirely clear but if there was negligent treatment of an injury sustained in a car accident, it can either be included as part of the auto claim or in a separate claim for medical malpractice. If the auto case is settled, you may still have a possible medical malpractice... View More

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