MEDICAL MALPRACTICE – NEGLIGENT GALLBLADDER SURGERY.
Question.
On March 19 I had my gallbladder removed I went back to the surgeon several times in severe pain and he just kept telling me to rest and take ibuprofen. 3 weeks later I ended up in an ER of another hospital for a 2nd opinion. Come to find out I had an abscess on my liver, a bile leak and by umbilical incision was infected. I then spent 2 weeks in the hospital with more surgeries and went home with a pic line for 2 more weeks. Do I have a case against the surgeon who removed my gallbladder?
Answer.
If the abscess was due to the infection I would tell you that post-operative wound infection cases are difficult to prosecute because many times a wound infection can occur in the absence of negligence. There are some circumstances where accepted standards of care require the use of prophylactic antibiotics because an infection can have devastating results ( for example, in a situation involving a total knee replacement). Most of the time, however, these cases are not pursued because the patient acquired an infection, but because a doctor failed to recognize and treat an infection in a timely fashion.
Without looking at the records it is hard to tell you whether your doctor negligently failed to respond to your infection in a timely manner. If you want to investigate a case further, 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. 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.
MEDICAL MALPRACTICE – MEDICATION ERROR
Question.
Is it malpractice to give a refill medication that is grossly incorrect to the point that it could kill you?
Answer.
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.
If you suffer lasting harm from a medication error, and you want to investigate a medical 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.
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.
MEDICAL MALPRACTICE – FAILURE TO TIMELY DIAGNOSE CRANIOSYNOSTOSIS
Question.
My son have birth defect we learned about a year later we seen numerous doctors and all said nothing wrong well since he was not diagnosed at birth now we have to deal with him having surgery for craniosynostosis and he need helmet to reshape his head since he 2 now the helmet will not work because it’s for babies 18 months or younger and we had to deal with a lot of suffering, anger and pain from this because if the doctors would have diagnosis him earlier he would have been had surgery and no problems with his skull.
Answer.
While craniosynostosis is not always evident at birth, it is usually something that becomes apparent in the first few months of a child's life. Common signs and symptoms, according to the literature include:
- A misshapen skull, with the shape depending on which of the cranial sutures are affected,
- An abnormal feeling or disappearing "soft spot" (fontanel) on your baby's skull,
- Slow or no growth of the head as your baby grows,
- Development of a raised, hard ridge along affected sutures, and
- Increased pressure within the skull (intracranial pressure).
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.
MEDICAL MALPRACTICE – FAILURE TO TIMELY DIAGNOSE AND TREAT A RASH.
Question.
Do I have a Case of negligent treatment? My wife was currently at a hospital during her stay she developed a rash in a small spot on her neck, and developed into a acute rash that spread to her neck, chest, ears and arms, and legs. it has left scars She notified a nurse, each time she noticed it spreading more. She had also told them numerous a times a day for a week and nothing was done A side note is she was looked after every 15 minutes from a nurse 24 hours a day for a week . and no medication. My wife was told that there is a patient advocate that is located in the hospital. She sought out to locate the patient advocate who was in utter disbelief, my wife was already in the middle of making a statement in which the patient advocated received the following morning. After speaking to my wife the ball begin to roll with the very top of the hospital the director of the hospital and down on how sorry they were for this mistreatment, She also got care from another hospital with the correct prescriptions. This is not right.
Answer.
You may have a malpractice case if medication caused the rash or intervention would have helped avoid the spread of the rash. It sounds like it would because treatment at the second hospital helped. If there was scarring, you may have a financially viable case, it really depends on how bad it is.
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.
MEDICAL MALPRACTICE – STATUTE OF LIMITATIONS.
Question.
During a workmen's compensation case in 2002 or possibly 2003, I was "dropped" by the insurance company involved and the orthopedic surgeon involved literally told me, "I don't care what you do" and walked out of a scheduled appointment. This was after he told me and the employer concerned that I needed arthroscopic surgery on my shoulder asap, which was injured in a workplace incident. I am now 60 years old and over the years the untreated injury has obviously worsened with time, and has now caused a "tear"? in my shoulder, arm and muscles in that area resulting in a debilitating and very painful condition which restricts all movement and use of my arm and hand, due to the horrible pain and limited function involved now. Obviously, as I grow even older, this untreated condition will get much worse and gravely affect any quality of life I have. At this time I have no medical insurance nor the funds necessary to see a "good" doctor and have this serious condition properly treated.
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.
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.
If you think that you may have a viable 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.
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.
MEDICAL MALPRACTICE – INJURY TO LEG DURING LABOR AND DELIVERY.
Question.
Nurse dropped my leg while I was giving birth and it snapped, I screamed "oh god" the doctor never had me seen. I could not walk or hold my newborn and over 6 months later have been in physical therapy with little to none improvements. The nurse also could not find the doctor prior to me pushing my baby out and told me to stop pushing until he came. He then rushed in and put his attire on with 5 or 10 minutes to spare, before she came out. He witnessed the nurse dropping my leg, but did not have me evaluated or the baby. Is this medical malpractice or negligence?
Answer.
Ordinarily you would not expect a patient to suffer a debilitating leg injury during labor and delivery. I really don't know what injury you suffered, but if it is not permanent then you may not have a financially viable case.
Accepted standards of care do not require a physician to be present during the entire labor and delivery. If your injury was a result of short staffing and there were not enough nurses present, that is a different story.
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.
MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE AND TREAT A STROKE.
Question.
Can I sue a hospital for medical bills from another hospital a family member went to the hospital ER for slurred speech, weakness in arm and leg. ran one scan and said nothing was wrong with him and sent him home. when he got up the next morning it was worse and he went back, was refused help. he was told there was nothing else they could do for him. he went to another hospital in another town and was sent to barns hospital in Saint Louis Missouri and more test were ran. He has a hole in his heart that was throwing clots to the brain. he had a stroke. the doctors told him if he was treated sooner he would not need to have rehab but because of the first hospital now he has more medical bills he can’t pay for. He is 33 and has 3 kids. he is getting better but still not back to normal.
Answer.
One-sided weakness and slurred speech are hallmark signs of a stroke, so it is hard to understand why he was not evaluated for that problem. If his heart was causing blood clots and it had a hole in it, it sounds like he had endocarditis. The heart pathology should have been distinguishable through a murmur and an echocardiogram.
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.
MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE CAUDA EQUINA SYNDROME.
Question.
Cauda Equina Syndrome caused permanent damage due to misdiagnosis and delay in treatment. Might we have a medical malpractice case? *Wife experienced severe back pain-saw family Dr. - 4/2009 *Prescribed valium, told to rest. *Several days passed, no relief. *Scheduled appt. with specialist. *Examined, CT scanned, Emergency surgery for ruptured disc which had entered spinal column causing permanent nerve damage. *Resultant loss of bladder function, loss of bowel function, loss of sexual function, chronic pain in leg and loss of feeling in saddle area. Foot pain, leg pain, loss of balance. Permanently disabled due to omission of treatment involving original family doctor. Cauda Equina must be treated within several days in order to avoid permanent damage. The specialist was fast to diagnose and act. These events occurred in NJ where we lived at the time.
Answer.
Depending on the symptoms relayed to the family physician, you may or may not have a case, but the statute of limitations probably ran if your wife was diagnosed with cauda equina syndrome back in 2009. You have two years from the date that you knew or should know that a doctor committed malpractice to file a lawsuit in New Jersey. There are equitable exceptions to this rule, but at face value it does not sound like you meet any of them. These are fact sensitive inquiries, so you may want to run the facts by an attorney over the telephone.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in the state where the malpractice occurred). 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.
MEDICAL MALPRACTICE – DENTAL MALPRACTICE.
Question.
Can i sue for a bad root canal? I recently had a root canal done. my dentist was supposed to put my temporary filling in but instead the dental assistant put it while my dentist was gone. she put it wrong and i even passed out of the pain and had to be rushed to the ER and was on drugs for a whole day. the pain was too horrible. On Monday i went back to my dentist to complain and all they did was apologize and admit it was their fault and they fixed my tooth but i suffered horrible pain for 48 hours with NO sleep or eating i cried and even fainted. the pain was so bad it went to the whole nerve of my head that’s why i passed out. Can I sue?
Answer.
Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). In my view, two days of pain and suffering do not make a financially viable malpractice case.
Nevertheless, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further 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. 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.
MEDICAL MALPRACTICE - FAILURE TO INVESTIGATE THE POSSIBILITY OF A HEART ATTACK.
Question.
In February of this year I was taken to the county hospital for chest pain and breathing problems. I was sent home after a couple hours and tests diagnosed with bronchitis. They prescribed me cough medicine and said I was fine. That same night I woke up unable to breathe and chest pains again and taken to a different hospital. After an hour and a half I was told I was having a heart attack the entire time and lucky I came in when I did. I explained my visit at the county hospital and was told the tests for the symptoms was not taken and is mandatory. I could of died in my sleep. I am 36 years old and the thought of losing my life due to negligence on the doctors behalf has me afraid and upset. I went through heart surgery and a week stay in the ICU. My has changed dramatically and knowing and hearing the sooner these conditions are diagnosed the better chances I had of not having surgeries bothers me and is unfair. The day after my heart surgery my breast implant popped.
Answer.
Luckily you were soon diagnosed appropriately and the condition was dealt with. It is unlikely that the delay in diagnosing the condition materially contributed to the outcome. Therefore, you probably do not have a financially viable malpractice case. Clearly, the first set of doctors should have done more to rule out the possibility that a heart problem being a contributing cause, but in the end analysis, you would have needed the surgery that you had anyway. You were fortunate that the outcome was not worse.
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.
MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE AN ANKLE FRACTURE
Question.
While painting the ladder slipped out from under me and i broke my right foots metatarsal and fractured my left ankle. It’s been just over two weeks and I will be laid up for several more days with possible surgery required. The Baylor hospital told me my left ankle was fine and sent me out walking, when i couldn’t walk they put a temporary boot on my foot and gave me crutches. the doctor told me that there was Nothing Wrong with it period. The pain was severe and became much worse as i walked to car and home etc. The follow up care at my orthopedics immediately found the fracture and told me no weight what so ever and gave me a wheel chair. i really believe that by walking on the fracture it caused more damage and much more pain and suffering only adding to my recovery time. the nurse at the hospital even said it was fractured and needed surgery but yet the paper work said it’s only an ankle sprain.
Answer.
Assuming that the fracture was visible in the x-rays, the radiologist made a mistake. The big question in any case will be whether the delay in diagnosis caused you harm and contributed to a rose outcome. If it did, and the harm is significant and permanent, you may have a malpractice case worth investigating. Of course, you are still under active care, so it is difficult to say what the ultimate outcome will be.
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.
MEDICAL MALPRACTICE – TRAUMATIC BIRTH INJURY.
Question.
While pregnant I was diagnosed with gestational diabetes and high blood pressure. An ultrasound at 36 weeks said my baby was 7 pounds 6 ounces. I was on medication for both problems and hospitalized 3 times for my high blood pressure but was always released. At 39 weeks, my blood pressure was very high at my doctor’s appointment so I was induced. While pushing my daughter got stuck on my pelvis and wasn't breathing when she was born. After several minutes of working with her they got her heart beating and she was put on a breathing machine and flown to children's hospital. Could I sue for any future problems she may have?
Answer.
You may have a medical malpractice case, but to know for sure an attorney will have to look at the pertinent medical records, which will include your OBGYN records, your hospital admission records, the admission records related to your daughter’s birth and the fetal monitoring strips. In traumatic birth injury cases, attorneys review the medical records of your OBGYN to determine whether the labor and delivery should have been planned for and performed differently. Additionally, they look at your child’s fetal monitoring strips to ascertain whether a decision to perform a cesarean section should have been made, or made earlier. Underlying all of these cases is whether the baby sustained permanent damage as a result of the interruption of oxygen supply. That question often takes time to answer, Newborns cannot communicate, and so to determine whether the baby is left with permanent damage, parents often have to wait to see if their child is meeting milestone development markers.
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.
MEDICAL MALPRACTICE - MALPOSITIONING DURING SURGERY CAUSING NERVE DAMAGE TO HAND.
Question.
Medical Malpractice can My Husband sue? He had surgery July 2, 2012 to remove his appendix that were massed to his bowel. They had to remover 6 inches of his bowel. During the surgery they tied his right arm back and messed up a nerve in his arm. He went out of town to another doctor to do another surgery to fix this so he would not loose total use of his hand. now he has to have another surgery on his elbow to move a nerve over to take the numbness out of three finger. Can he sue for damages.
Answer.
Malpositioning during surgery that causes nerve damage should not occur, and so you probably have a malpractice case worth investigating. If your husband is under active care he has a chance if improving, and that may make raise issues regarding the economic viability of your claim, but you have something I would open a file on.
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.
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