If you have a medical malpractice question, please email me or post it in the comment section below. Every question will be answered, but not all questions are retained and posted on the blog. Thank you!
Question:
My mom suffered burns to her leg she was admitted to the hospital and discharged the following day. After going to wound care I was told she should have been kept for 7 days, is this negligence on the hospital?
Answer:
Hospital emergency rooms and operating rooms contain elements that can cause fires, and burns occurring during surgery are relatively frequent.
If you want to investigate a malpractice case, you should contact a
local medical malpractice attorney (one in your state). They take these cases on a contingency basis
which means you only have to pay if you succeed. Additionally, initial consultations are
usually free. You can use the "Find a Lawyer" service through this
website to research medical malpractice attorneys. Then, visit each attorney's website and look
for a firm that has a record of successful verdicts, ideally with experience in cases that involve
your medical issue. If you are unable to find a lawyer who meets these
qualifications within your state, sometimes you may contact an out of state
lawyer who can refer you to a qualified attorney in your state while providing
support related to the issues of medicine.
Below are some articles you may find helpful. They are
written for a New Jersey audience (where I practice) but the ideas discussed in
these articles usually apply in most other jurisdictions as well.
Click
here for an
article that discusses the three main questions I ask when deciding whether to
investigate a potential medical malpractice case.
Please note that by attempting to answer your question, I am
not acting as your attorney. I will do nothing further to protect or preserve
your interests in the absence of any additional discussion with you about this
matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105
Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278
Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Question:
I had a surgery in 2005. i almost died because of it in 2012. Can I
still sue for medical malpractice seven or more years after the bad surgery ? I
had terrible medical problems after this surgery misdiagnosis by two docters
including the one I got the surgery from and am missing three inches of my
intestine and one kidney after they took a cancerous tumor off it. I was never
sick a day in my life and I am only 55 years old.
Answer:
A statute of limitations is a law setting a time limit on
legal action in certain cases. There are different statutes of limitations
on different kinds of cases. For example, a breach of contract case often has a
longer statute of limitations than a personal injury action. Complicating
matters more is the fact that the statute of limitations in any cause of action
is usually governed by state law, and different states have different time
limitations. Click here for a
website that provides a rough estimate of the statute of limitations in all 50
states for common causes of action. Note that this website advises that these
limitations periods are merely rough estimates. You should contact a local
attorney (one in your state) who can tell you whether these estimates are
correct.
In medical malpractice cases,
circumstances sometimes justify allowing cases to be filed after the statute of
limitations expired. For example, if a surgeon leaves behind an instrument
during a surgery and a patient only discovers the foreign object after
the limitations period has expired, most states have a common law exception to
the statute of limitations that would allow a plaintiff to file a lawsuit that
would otherwise be out of time. Finally, statutes of limitations usually
incorporate exceptions that extend the limitations period for minors and people
who are incapacitated.
Below are some articles you may find helpful. They are
written for a New Jersey audience (where I practice) but the ideas discussed in
these articles usually apply in most other jurisdictions as well.
Click
here for an
article that discusses the three main questions I ask when deciding whether to
investigate a potential medical malpractice case.
Click
here for an
article that explains what you can expect when filing a medical malpractice
case.
Please note that by attempting to answer your question, I am
not acting as your attorney. I will do nothing further to protect or preserve
your interests in the absence of any additional discussion with you about this
matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105
Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278
Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Question:
Gallbladder removal on a 17 year old female. Got
complications with Bile leak. Had to have two stents placed and replaced for
leak. 52 oz of bile liquid was removed from the stomach. Was hospitalized for
15 days.
Answer:
If the bile leak was due to a surgical mishap, then you may
have a medical malpractice case. Surgical errors leading to a bile duct injury
are relatively common. They are avoidable if the doctor takes a special x-ray
known as a cholangiogram before surgery. There is a good deal of literature
suggesting that this needs to be done, but for some reason, most doctors do not
offer it.
There will be a question about
whether your case is financially viable. See the articles below which discuss
this issue.
If you want to investigate a malpractice case, you should
contact a local medical malpractice attorney (one in your state). They
take these cases on a contingency basis which means you only have to pay if you
succeed. Additionally, initial consultations are usually free. You can
use the "Find a Lawyer" service through this website to research
medical malpractice attorneys. Then, visit each attorney's website and
look for a firm that has a record of successful verdicts, ideally with
experience in cases that involve your medical issue. If you are unable to find
a lawyer who meets these qualifications within your state, sometimes you may
contact an out of state lawyer who can refer you to a qualified attorney in
your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are
written for a New Jersey audience (where I practice) but the ideas discussed in
these articles usually apply in most other jurisdictions as well.
Click
here for an
article that discusses the three main questions I ask when deciding whether to
investigate a potential medical malpractice case.
Click
here for an
article that explains what you can expect when filing a medical malpractice
case.
Please note that by attempting to answer your question, I am
not acting as your attorney. I will do nothing further to protect or preserve
your interests in the absence of any additional discussion with you about this
matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105
Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278
Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Question:
My daughter did not talk until she was 2, also had feeding
and breathing problems as a baby. I went into our family doctor several times
looking for help with her speech. We kept being told that she would talk when
she was ready. Finally we went to a speech therapist after we demanded a referral.
The speech therapist diagnosed her Cleft Palate with-in minutes of speaking
with her. This defect is usually caught on ultrasound before birth, however it
is required to be caught in the hospital at birth. Ours went 2 years. Because
of the delay the surgeries to fix it have been unsuccessful. We are now on our
4th surgery. She has lost some hearing, as well as permanent speech defects due
to the delay in diagnosing her.
Answer.
The quick diagnosis by the speech therapist certainly suggests
medical malpractice. Cleft palate is usually treated with surgery within the
first 6 months to year after birth. If the delay in diagnosis is causing the
problems and the need for multiple surgeries,
then you should definitely contact a malpractice lawyer.
Contact a local medical
malpractice attorney (one in your state). They take these cases on a
contingency basis which means you only have to pay if you succeed.
Additionally, initial consultations are usually free. You can use the
"Find a Lawyer" service through this website to research medical malpractice
attorneys. Then, visit each attorney's website and look for a firm that
has a record of successful verdicts, ideally with experience in cases
that involve your medical issue. If you are unable to find a lawyer who meets
these qualifications within your state, sometimes you may contact an out of
state lawyer who can refer you to a qualified attorney in your state while
providing support related to the issues of medicine.
Below are some articles you
may find helpful. They are written for a New Jersey audience (where I
practice) but the ideas discussed in these articles usually apply in most other
jurisdictions as well.
Click here for an article that discusses the
three main questions I ask when deciding whether to investigate a potential
medical malpractice case.
Click here for an article that explains what you
can expect when filing a medical malpractice case.
Please note that by
attempting to answer your question, I am not acting as your attorney. I will do
nothing further to protect or preserve your interests in the absence of any
additional discussion with you about this matter. John Ratkowitz, Esq. Starr,
Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068
Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Question:
Do I have a medical malpractice
case after having an outpatient procedure for large ruptured disc and severe
radiculopathy 7 days later spinal fusion?
The first surgery outpatient
microdisectomy for large L-5, S-1 disc rupture and left leg radiculopathy and
cauda equina syndrome. Doctor pulled several large disc fragments and cut a
blood vessel causing large amount of blood loss. Told me he got everything out
and there may have been some small retained fragments however none were
neurocompressive. I woke up in even more severe pain could not control my
bladder while there. The doctor assured me nothing was wrong he got everything
out. I was screaming/crying in excruciating pain. Doctor told my husband to get
me iron pills for little blood loss I was discharged and told to go home and
walk immediately I continued to worsen and . 5 days later admitted through ER
with transfusion level hemoglobin at 6 and severe pain. Doctor did 2 surgery I
had multiple huge retained fragments S-2 nerve root was sever displaced which
was neurocompressive I have nerve damage in leg, pain and now disabled. First
surgery was not standard of care and he knew...
Answer:
Yes, it sure sounds like you have a case that should be
investigated. Obviously, you would not expect to need a second surgery to fix
what was not repaired in the first within five days of spinal surgery.
Additionally, a hemoglobin level less than 7 is a crisis itself.
If you want to investigate a malpractice case, you should
contact a local medical malpractice attorney (one in your state). They
take these cases on a contingency basis which means you only have to pay if you
succeed. Additionally, initial consultations are usually free. You can
use the "Find a Lawyer" service through this website to research
medical malpractice attorneys. Then, visit each attorney's website and
look for a firm that has a record of successful verdicts, ideally with
experience in cases that involve your medical issue. If you are unable to find
a lawyer who meets these qualifications within your state, sometimes you may
contact an out of state lawyer who can refer you to a qualified attorney in
your state while providing support related to the issues of medicine.
Below are some articles you
may find helpful. They are written for a New Jersey audience (where I
practice) but the ideas discussed in these articles usually apply in most other
jurisdictions as well.
Click here for
an article that discusses the three main questions I ask when deciding whether
to investigate a potential medical malpractice case.
Click here for
an article that explains what you can expect when filing a medical malpractice
case.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Question:
I was burned real bad from radiation on my right breast. I had
breast (Right one) surgery in 2009. Then in 2010 had chemo and then radiation.
I was burned so bad that my skin is like leather. I complained to my radiation
doctor that my breast was hurting because it was trying to grown back and my skin
would not let it grown out. So it was pulling really bad on the right side. So
when I told her about it several times she said it was caused from my surgery
that removed my cancer. I talked with my female doctor, my breast surgeon and
my chemo & dermatologist doctor they all said it was from my radiation. And
it was the worst they ever seen. So I had my breast removed and it looks like
dog meat. I believe that it was no vault to my surgeon because he had to put to
pieces of leather back together. The pain is out of this world. They have me on
pain pills, sleeping pills and antidepressants. I go nowhere now because of the
pain. And sometimes the sleeping pills do not help. Do you think I should talk
with a lawyer?
Answer:
It sounds like you have a case that should be investigated. The
question in these cases is who is at fault. It can be the maker of the
radiation equipment hardware, the software company that programmed the amount
of radiation that the device delivers, the technician who runs the machine
and actually delivers the radiation, the people who are responsible for
making sure the radiation machines are properly calibrated to deliver correct
doses of radiation or the oncologist.
If you want to investigate a
malpractice case, you should contact a local medical malpractice attorney (one
in your state). They take these cases on a contingency basis which means
you only have to pay if you succeed. Additionally, initial consultations
are usually free. You can use the "Find a Lawyer" service through
this website to research medical malpractice attorneys. Then, visit each
attorney's website and look for a firm that has a record of successful
verdicts, ideally with experience in cases that involve your medical
issue. If you are unable to find a lawyer who meets these qualifications within
your state, sometimes you may contact an out of state lawyer who can refer you
to a qualified attorney in your state while providing support related to the
issues of medicine.
Below are some articles you
may find helpful. They are written for a New Jersey audience (where I
practice) but the ideas discussed in these articles usually apply in most other
jurisdictions as well.
Click here for an article that discusses the
three main questions I ask when deciding whether to investigate a potential
medical malpractice case.
Click here for an article that explains what you
can expect when filing a medical malpractice case.
[Please note that by
attempting to answer your question, I am not acting as your attorney. I will do
nothing further to protect or preserve your interests in the absence of any
additional discussion with you about this matter. John Ratkowitz, Esq. Starr,
Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068
Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com]
Question:
On 11/19/12 I went in for a knee replacement. I was released 3
days later. A week later I ended up in the ER room with an infection. They
admitted me and put me on antibiotics for two days and released me. On 12/8/12
I was taken back in the the ER room. I was admitted again and this time had to
have another surgery on the knee to clean out the infection. I was released 3
days later with a Pic-Line in my arm. I then went through 6 weeks of home care
and antibiotics. To date I have more pain and less mobility in my left knee.
Answer:
Accepted standards of medical care require an orthopedic surgeon
to put a patient on prophylactic antibiotics following knee replacement
surgery. If you are surgeon failed to do this than he failed to meet accepted
standards of medical care. Nevertheless, there will be a question about whether
or not the case is financially viable. Medical malpractice cases are damages
driven and unless this leaves you with a permanent problem the case may not
have enough of financial upside for an attorney to prosecute it. This is a
judgment call, and different attorneys have different standards for whether or
not they want to get involved in a case.
If you want to investigate a
malpractice case, you should contact a local medical malpractice attorney (one
in your state). They take these cases on a contingency basis which means
you only have to pay if you succeed. Additionally, initial consultations
are usually free. You can use the "Find a Lawyer" service through
this website to research medical malpractice attorneys. Then, visit each
attorney's website and look for a firm that has a record of successful
verdicts, ideally with experience in cases that involve your medical
issue. If you are unable to find a lawyer who meets these qualifications within
your state, sometimes you may contact an out of state lawyer who can refer you
to a qualified attorney in your state while providing support related to the
issues of medicine.
Below are some articles you
may find helpful. They are written for a New Jersey audience (where I
practice) but the ideas discussed in these articles usually apply in most other
jurisdictions as well.
Click here for an article that discusses the
three main questions I ask when deciding whether to investigate a potential
medical malpractice case.
Please note that by
attempting to answer your question, I am not acting as your attorney. I will do
nothing further to protect or preserve your interests in the absence of any
additional discussion with you about this matter. John Ratkowitz, Esq. Starr,
Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068
Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
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