I answered the questions below, which were submitted to me online throughout the month of July 2013.
QUESTION
QUESTION
My family and I were regular patients at a family
practice doctor’s office. Then when I tried scheduling an appointment one day
for one of my of children, they informed me that our doctor was no longer
there. Confused, I demanded they tell me where she went. Because our doctor was
the best, she delivered our children and has always been available to us. She
gave me he cell number and beeper number if anything were to happen. So this
was about 5 years of faithfulness care, until they day she disappeared. I got
no letter in the mail stating they were going to send me to another doctor or
anything. When they told me where she went, I called every branch and no one
had even heard of my doctor. Would this be grounds for abandonment?
ANSWER
The short answer is no, this is not patient abandonment.
That usually applies only when a patient was in need of urgent care, if it
applies at all. The circumstances are certainly odd, but you should consider
the possibility that the doctor may left the practice due to some significant
personal or health issue. Doctors are people too, and sometimes they have to
deal with unexpected life changing events too. Given the kind of care she
provided in the past, she probably deserves the benefit of the doubt.
QUESTION
i have been treating for 5 years for thumb pain. My
surgeon scheduled me for a right thumb fusion and was also going to 'clear' an
entrapped nerve in my wrist. he cleared the nerve in the wrist, but omitted to
'fix' my thumb. he said he got distracted by my wrist and simply forgot the
thumb. He tells me i will have to undergo the surgery again with fixation and
10 weeks of casting. After I have healed from this first surgery. I am
concerned about my health insurance covering the second surgery and possible
nerve damage to the hand due to repetitive procedures. I am unsure if I should
continue treating with this doctor or what I should do next.
ANSWER
I give him points for being honest, but I would have
reservations about going back to a doctor who subjected me to additional
surgeries because he forgot what the plan for the operation was. Obviously,
that is not legal advice, it’s a personal decision that you should make for
yourself. Clearly the surgeon was negligent. For me, a second surgery alone
would not serve as an adequate basis to file a medical malpractice case. If you
have additional problems as a result of the delay or the second surgery, I
might conclude that you have a financially viable case, it depends on the
outcome. Appreciate that different attorneys have different standards about
whether a case is financially viable, and someone may decide that making you go
through a second surgery that should have been avoided is enough to warrant
filing a lawsuit. The articles below spell out the issue of financial viability
in more detail.
QUESTION
I had a Kidney Transplant in PA while I lived there in
March the 7th 2012. All the follow-ups after the surgery were made in PA -
Lehigh Valley Hospital - Allentown. Until the last test the Doctors said
everything is going good. I moved to MA and at the first follow-up @ Mass
General Hospital in Boston I was diagnosed with a severe rejection of my body
to the kidney. I want to add that my wife was the kidney donor. After treatment
in Boston my Kidney is working only @ 40% of its capacity. The Doctors said I
can live a short time with the kidney working like that. .I have to go back to
hemodialysis and enter a waiting list to get another kidney. I'm 57 years old
and my wife gave me a kidney for us to continue our lives normal. As a result
of that I'm disabled right now and we lost our house in PA. We have no income
and living with our daughter in MA. The doctors in Boston explained that the
kidney was damaged because of a non-adequate treatment for the problem. Is
there a case?
ANSWER
It is difficult to tell you how strong a case you have,
but if the doctors in Boston are telling you that something wasn't on that
should've been done in this caused your body to reject the kidney, it sounds
like you have a case worth investigating given the stakes involved. If you want
to investigate a malpractice case you should contact a medical malpractice
attorney in Pennsylvania. Malpractice
attorneys 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. If you want further suggestions about an attorney, you may email me
directly.
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.
QUESTION
I was prescribed the wrong medicine at the emergency room.
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.
QUESTION
Is a known misplaced feeding tube, i.e. in the lung,
medical negligence? My Mother had
suffered a stroke and is on a ventilator and a feeding tube. For the past two
days, my mother was having difficulty breathing and they had reported to my
sister that she had a collapsed lung however when they looked at the x-ray,
they reported to my sister that they saw nothing. My sister, who has power of
attorney, asked to have her moved to the main hospital from the rehab hospital
she was at. They told my sister that the transfer would happen, however upon my
sisters departure, 2 doctors cancelled the request. My sister had to return to
the rehab hospital to enforce the request. Upon my mother’s arrival at the main
hospital, she coded twice. In addition to that, they had to remove more than a days’
worth of food because the feeding tube was in her lungs. She is now in critical
care, and they are not sure if she will make it. She is very sick, but we were
hoping that she was making progress and this setback could have been avoided.
ANSWER
Perforation of the esophagus while inserting a feeding
tube is not negligence, but failure to follow protocols to make sure that the
feeding tube was inserted correctly before nutrients are pumped into body is.
Under the circumstances, you may have a medical malpractice case worth
investigating. If your mother was elderly and had other underlying medical
issues that impacted her life, there will be questions about whether the case
is financially viable. Articles below spell this out in more detail.
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.
QUESTION
Unnecessary medical procedure?
More Details: Approximately 5 yrs ago, I was diagnosed
with PSVD (Paroxysmal supraventricular tachycardia). I was put on a medication called
Sotalol. I still continued to have episodes of psvd. The cardiologist had run a
series of tests on me to determine this diagnosis ( ECG, stress test, etc). We
moved out of state 2 yrs after this and I started seeing a new cardiologist. He
also received my patient file from the former cardiologist. The new doctor only
ran a ECG test when I visited. I continued to take the Sotalol. The new doctor
started to push an Ablation surgery on me. I waited 2 1/2 yrs and finally gave
in. I went in for the procedure, and the new doctor had to stop the procedure
because I didn't have PSVD! Turns out I have Atrial fibrillation. He saw this
while trying to invoke the psvd in order to perform the ablation. So, Atrial
fibrillation could have been easily found by the new doctor, even the old
doctor, with simple testing. Now, new meds and new hospital bills. A case??
ANSWER
I do not think it is
foregone conclusion that the first doctor's diagnosis was wrong. You
should ask your new cardiologist whether PSVD could have converted to atrial
fibrillation over time. In any event, in the absence of an event causing permanent
harm (for example, a stroke) I do not think you have a financially viable case.
The articles below discuss this in more detail.
QUESTION
My son went to an Urgent care in Florida for an earache.
While cleaning his ear they punctured his eardrum. More Details: Two people
came in ,one a nurse the other wasn't. The one doing the ear cleaning was being
told by the nurse how to do it. The nurse had asked the other one if she ever did
this before and she said yes once. During the process my sons eardrum was
perforated causing tremendous pain. They rushed and got the doctor who said
"I see blood" . The office manager was called in and we were told
that the visit will be free and told us they would give us free eardrops (
which cost 100.00) and were told to go pick them up at another Urgent care. He
was also given a prescription for painkillers. It has been 3 days and my son is
still in terrible pain .He can't bend down without getting very dizzy and
nauseous or blow his nose because the pain is so severe.
ANSWER
It sounds like your son received negligent care, the
question will be whether the case is financially viable. Perforated ear drums
can heal in days, weeks or months. Usually there is no residual hearing loss.
Complications along the way can make the prognosis poorer. If your son's
eardrum goes on to heal without any complications in a relatively short period
of time, I think you probably do not have a financially viable case. Articles below
explain this in more detail.
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.
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.
QUESTION
Can I sue a hospital for treating me badly and causing me
an anxiety attack?
More Details: About one week ago I had a friend drive me
to Bellvue Hospital in NYC because I ran out of my prescribed depressions and
anxiety medication and started to feel ill and mentally unsound. The Walk In
Center was closed because it was Sunday morning, so they sent me to the PSYCH
center and after waiting two hours in a waiting room filled with 5 suited
police officers, two criminals hand cuffed to the chairs, and visual contact of
the robbed mental patients in a secluded room with walls of glass a doctor came
up to me and leaned over to announce, "If you are here to get PILLS like
Xanax and Aderall, don't waste your time because we don't hand out controlled
substances like that. If you want to wait to see a doctor it will be another
few hours. SO it's up to you." Walked away. He never bothered to inquire
the reason I was there. One of the prisoners freaked out because they wouldn't
let him use restroom and it scared me and other patient. I left within hour,
never saw a doctor, & anxiety attack.
ANSWER
You do not have a financially viable malpractice case
because the incident did not cause you permanent damage. The articles below
spell this out in more detail. You might consider reporting the hospital to the
department of health if you feel strongly that you were treated
inappropriately. Click here for the website to do this.
QUESTION
Can I sue a doctor for Medical Negligence that led to
death after 2 years? More Details: My husband was being treated by a doctor who
prescribed him an inordinate amount of pain medication for a unknown diagnosis.
This led to his subsequent addiction and death. Can I seek to sue his primary
doctor for negligence? We live in NJ and he passed on Nov 2010
ANSWER
The statute of limitations on a wrongful death case in
New Jersey is two years from the date of death, so your cause of action is
probably time barred.
QUESTION
Can I sue a hospital for serious complications from
improper hip surgery? More Details: Required corrective surgery scheduled this
October. Wrong angle of hip implant causing balance issues, swelling, pain,
waddling, falls, and spine compression. Please help.
ANSWER
Hip replacement surgery that causes a significant leg
length discrepancy can be medical malpractice. To know for sure, an attorney
will have to review the pertinent medical records and submit your x-rays to an
expert.
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.
QUESTION
Back in 2/12 I was having problems with my right shoulder.
After Pain med and physical therapy and shots, I was sent to see another Dr.
where he order MRI, X-rays, and another shots. MRI showed that I had a tare of
the rotor cuff. Surgery was order and in October 2012 I had surgery to fix the
problem. After surgery I was told no tare was found. (even the MRI showed it).
Said he found some spurs and cut some of my bone. I complained that I was still
in pain. And was told it take time to heal.. After no real improvement I went
to my regular doctor who ordered more therapy. This did not help so I was sent
to another dr. Were we did another MRI and found the same tare. So on July 9
2013 I had surgery to fix the problems. The tare was significant, plus he found
scare tissue.. from 1st surgery. I would like to go after the 1st doctor. Do I
have any chance of going after him.
ANSWER
With a positive MRI before and after the surgery, it
sounds like you have a pretty solid malpractice claim. The question will be
whether the case is financially viable. If the subsequent surgery corrected the
problem, you may not have sufficient damages to warrant the time and expense of
a malpractice case. The articles below explain this concept in further detail.
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.
QUESTION
If I had a surgery and the outcome the doctor said would
happen did not happen and the area where the surgery was done turned out to be
worse, can I sue?
ANSWER
It is impossible to answer your question given the
absence of detail. A surgical outcome that does not achieve it's goals is not
necessarily negligence. Generally speaking, a bigger disparity between goal and
outcome justifies a higher index of suspicion, but there are exceptions to this
rule.
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.
QUESTION
Should I consult a lawyer?
More Details: I had two surgeries and am still in pain
and cannot work. The surgeon left the state with no warning and I can't find
him. I'm afraid he may have done wrong by me. I've seen one doctor since, but
unless I go far from my home all doctor's seem to be connected to him in some
way. I tried one doctor recently and he turned out to be the doctor who
assisted my surgeon because (in my surgeon's words) "I'm was uncomfortable
performing it". Unfortunately, he couldn't or wouldn't help me and kept
contradicting himself. I think he was lying to me and trying to get rid of me.
His final answer was I have whiplash and I should see a neurologist? Where do I
go from here to find out if he truly did something wrong? Should I get an
attorney to look at everything? and if so do I use one in the state that the
doctor practiced (NJ) in or my state that I live (PA)?
ANSWER
It is hard to answer your question because you do not
provide sufficient details. I assume you had cervical spine surgery and you are
not satisfied with the outcome. If you are not getting straight answers to your
questions then you have reason to be suspicious. Click the articles below for
more information about this.
If you want to investigate a 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.
QUESTION
Did my doctor act inappropriately? More Details: I went
to this Dr. after being in an auto accident. On a couple of visits he started
to exam my back while I was standing. He would then press his body to the back
of mine and press my abdomen. I thought it was odd, but went back. On another
visit he did this again, however this time I felt him get an erection. When I stepped
away, you could see his erection through his scrubs. I felt very violated. I
wouldn't go back without someone with me. There was no nurses in the room on
any visits.
ANSWER
Yes, he obviously acted inappropriately. You should
consider filing a complaint against him because you are probably not the first
victim of this behavior. Click here for information about how to do this.
QUESTION
Does this rise to the level of medical malpractice? More
Details: Diagnosed with avascular necrosis of the left hip in 2006 which required
bone graft and decompression surgery. Warned to watch for the same in the right
hip. 2011 diagnosed with stress fractures of the right hip. Advised surgeon of
the avascular necrosis in left hip and asked if it was possible. Emergency
surgery performed next day inserting a rod . 6 months later hip had to be
replaced due to avascular necrosis and metal rod placed in hip previously.
ANSWER
If you had a history of avascular necrosis, the doctor
performing the surgery was aware of this but failed to fully investigate it and
the hip replacement failed because of preexisting avascular necrosis, it sounds
like the doctor was negligent. The question will be whether the case is
financially viable given the fact that another surgery will seek to remedy
these problems. The articles below explain the concept of financial viability
in more detail.
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.
QUESTION
What made me have a stroke? More Details: 4 months ago i
developed a very bad headache that would not go away and was extremely painful
and debilitating. After 2 days ,i went to the hospital, was tested for this and
that, but no cause was found. I was sent home with medication, but it wasn't
helping. I went to another hospital, where they performed more tests, again no
conclusion. The neurologist I was seeing recommended a DHE treatment, saying it
was a strong drug treatment and must be performed in the hospital. During the
treatment, my blood pressure dropped dramatically, and i had a stroke,
parilyzing me on the left side.I have been recovering from that, but still have
my headache. Who is to blame?
ANSWER
Good Morning.
Even if DHE is administered correctly it can cause
decreased blood pressure to the extremities and brain, causing a stroke.
Nevertheless, there are certain protocols that can be followed to decrease this
risk (including the simultaneous administration of Benadryl). Beyond this, if
patients are simultaneously taking other medication, DHE should not be administered
because the risk of stroke is more significant. Quick research suggests that if
you are on certain antibiotics, HIV protease inhibitors and some
antidepressants, DHE should be avoided.
I am on vacation at the beach with my family until next
Monday. If you have additional questions or would like to discuss this further,
I can contact you when I return. In the meantime, the articles below will
provide you with some basic background information about medical malpractice
litigation.
QUESTION
Do i have a case if the doctor operated on foot nerves
and now I have nonrepairable nerve damage? More Details: the doctor first gave
the reason for the need of surgery because a nerve had been nicked during a
bone-spur removal, after the surgery on follow-up visits he said the surgery
was to repair what he explained as carpal-tunnel in my foot. Now he has refused
to see me any longer and 2 separate foot dr.s have said the surgery was wrong. Do
I have a malpractice suit? The day of the surgery the doctor gave me prescriptions
that the pharmacy said were filled out improperly and couldn't fill them,
returned to the hospital to get pain relief when the doctor could not be
reached. The hospital did not want to treat or recognize the doctors name. now
I have been told I have permanent nerve damage.
ANSWER
Without specific information, I cannot tell you whether
you have a viable malpractice case. If everything you say is true, then it
sounds like you do. At the very least you have reason to be suspicious.
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.
QUESTION
Can I sue the dentist for filling the wrong tooth? More Details:
I had my remaining filling fell out of a
tooth, causing me much pain. Dentist will look at it and decide the on called
person that sets the appointment says. the dentist did nothing to that tooth.
But he drilled a whole in the tooth behind that tooth and filled it. It caused
a lot of pain that he had to give me and extra dose of anesthetic. after he was
finished and left i asked the assistant what did he do the hole is still there.
she stated he filled the one behind it. I stated i wasn't aware that it needed
fixing. when he came i asked as to why nothing is done to the hole -- he stated
remember we spoke of taking it out and putting in a replacement. i said yes but
i cannot do replacement with all the stuff going on. he said well he doesn't
recommend taking it out til we are able to do replacement-- he then put a
temporary filling in it and send me on my way. clearly saying nothing about the
fact that he just drilled a hole in a tooth that doesn't filling.
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). Additionally, 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.
Sometimes, you can find an attorney who specializes in
dental malpractice cases. Do a Google search or use this website to find
someone in your state who can help you. Because some attorneys specialize in
one particular area, they are more "geared up" and can prosecute
these cases more efficiently.
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.
QUESTION
Do I have a potential medical malpractice case? More
Details: my mom had bypass surgery in March 2013. during the surgery the doctor
opted to put a balloon pump catheter into her iliac artery. Upon removal of the
pump, her artery was torn and she hemorrhaged and went into cardiac arrest. Fortunately
she was resuscitated but they had to do a second emergency exploratory surgery
in the right groin area where she was cut from one end of her groin to the
other to repair the torn artery. However, she suffered multiple injuries post
surgery such as: brachial plexopathy, retroperitoneal hematoma, acute kidney
injury (failure),postoperative complications with thrombocytopenia,
postoperative encephalopathy to name a few. She is having a difficult recovery.
She has trouble with her right hand and cannot walk without a walker and she
has disabling pain in her legs. Her life has changed dramatically. she has just
turned 70 years old. her financial means are very limited and she is having
trouble affording her heart medication. This is all documented.
ANSWER
It certainly sounds like your mom received negligent
care. Given your mother's age, however, you are probably going to have a hard
time finding an attorney to take the case on, because her limited life
expectancy impacts the financial viability of the case. The linked articles
below explain this in more detail.
Attorneys employ different standards when determining
when to undertake a malpractice case. One firm may conclude that a case is not
profitable enough, while another might reach a different conclusion. If you
want to pursue a 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.
QUESTION
On 02/27/13 I visited Long Beach Memorial Hospital for
lower back pain due to pregnancy. I was told by the ER physician I would
receive pain killers, as well as antibiotics for a UTI and a yeast Infection.
Before getting discharged, the nurse brought my discharge papers and asked me
to sign. As I reviewed the papers I realized this was for another patient with
a similar year of birth but different condition. I believe this girl received
mine while I received hers. Either way when I noticed the prescription wasn't
related to my diagnosis, I told the nurse and quickly took the papers away. I
was later told by my gynecologist that the prescription given to me was extremely
high for my condition. I was given 500ml pills when I should have been taking
20 ml for a UTI. She was surprised anyone would prescribe those to me and
suggested I stop taking them. On 03/06/13 I miscarried. My Obgyn suggested the
pills might have been too strong and that could of caused my miscarriage.
ANSWER
Without knowing more details, I can't tell you whether I
think you have a malpractice case worth investigating, but if your OBGYN
suggested that the outcome was caused by the miscommunication related to the
antibiotics, then it is certainly possible that you received substandard care
that impacted the outcome of your pregnancy.
Cases involving a loss of a fetus are difficult to
prosecute because the damages are hard to quantify, especially if mom and dad
are capable of having children after the event. I appreciate that what you have
gone through is a big deal emotionally, but malpractice cases are damages
driven. Personally, my firm has investigated several of these cases, but we
have never filed suit.
If you want to investigate a 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.
QUESTION
Should I sue the hospital? More Details: I went to Columbus
community hospital with a small laceration for a glass bowl I broke with my
elbow they stitched me up and sent me home I told them my hand was tingly and
had no movement I went to work for 2 12 hr shifts then 3 days after I visited
the hospital I went to my family doctor and he sent me to a specialist they
both told me I probably cut my ulna nerve I then went to Omaha ne and say a
hand and elbow specialist 5 days after my hospital visit and was told I was
being sent into emergency surgery to repair my nerve after my surgery I learned
I cut my ulna nerve 50% and cut another nerve and while they were repairing it
they found more glass that the hospital never attempted to clean out I later
went back and talked to the hospital and they covered the first bill however I
still have to pay for the surgery and have been off work for almost 2 months now
and will be for awhile longer I was wondering if I had a chance to receive pay
for the work I have missed due to misdiagnoses
ANSWER
It is hard to tell you whether you have a medical
malpractice case without looking at the records. Assuming the doctors in the ER
negligently failed to diagnose lacerated nerves, however, the question will be
what harm was caused by the delay in diagnosis. An extra hospital bill is not
the foundation of a financially viable malpractice case. The idea is that you
would have required the surgery if the nerve damage was timely diagnosed
anyway. The articles below spell out the financially viable concept in more
detail.
If you suffer from permanent problems as a result of the
delay in diagnosis, 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.
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.
QUESTION
I had symptoms of a retinal tear and was told there was
nothing wrong a week later my retina detached now had to have surgery. More
Details: I was having flashing light and seeing a dark spot on lower area of my
right eye. I went to the ER concerned it may be retinal related, ER sent to me
to Ophthalmologist who misdiagnosed me telling me nothing was wrong that my
eyes were dry and older people sometimes have the my condition tells have the
natural gel leak a little and causes the flashing. Now a week later my retina
detached and had to have surgery, the surgeon I was referred to told me if had
seen him first the surgery would have been prevented.
ANSWER
Flashing lights are not a symptom you would associate
with a retinal detachment, it is a symptom of vitreous detachment. A dark spot
in your field of vision could be a sign of a retinal detachment, or it could be
a floater caused by vitreous detachment. If the area where you lost vision was
static and it did not move, it is possible that your ophthalmologist failed to
diagnose a retinal detachment. To know for sure, a lawyer would have to get the
medical records and review them.
A different but relevant question is what damages were
caused by a delay in diagnosis. If the dark spot in your vision was caused by a
retinal detachment, I don’t see how you could have avoided a surgery to fix it
(contrary to the representations of the surgeon). If the surgeon told you that
because he thinks that you were suffering from a retinal tear that could have
been fixed, that may or may not be correct because prophylactic cryopexy to
prevent a retinal detachment works over time, but initially actually can
increase the risk of retinal detachment until the treatment has an opportunity
to set.
If you suffer from permanent problems as a result of the
delay in diagnosis, 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.
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.
QUESTION
Is this malpractice? More Details: Doctor told me I had a
broken ankle on June 25th, sent for an MRI on July 1st, after several phone
calls for results to Doctors office I finally get a call back from Doc to tell
me my ankle is broken in 2 places and ligaments are torn, he said he needs to
see me next day due to severity of injury, I go to office next day with my MRI
films as he requested and he is not there, I call him and he denies saying I
should come in, I have an appointment tonight, July 16th with him ..... the
timeline for this injury is ridiculous, I looked at my ankle and x-rayed back
on June 25th .... why did that not show the second break, a three week gap
between visits fir this injury does not seem right, I am in agony, is this
malpractice?
ANSWER
I would not stay with a doctor who is so unorganized that
it takes three weeks to get a definitive diagnosis of an acute orthopedic
injury. Medical practices like that are just minefields for malpractice.
Hopefully you will get a definitive diagnosis and additional care will take
care of all of your problems. If you are left with permanent problems as a
result of the delay in diagnosis and treatment, you may have a malpractice case
worth investigating.
If after dealing with your medical problems 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.
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.
QUESTION
Can I still sue for medical malpractice? More Details: I
had a surgery almost 2 years ago on my right hand and developed Complex
Regional Pain Syndrome, my hand still stiff and unable to fully use. Lost my
job and medical insurance.
ANSWER
Complex regional pain syndrome can occur in the absence
of negligence.
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.
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.
QUESTION
I was diagnosed with paralyzed vocal cords in 12/2007.
The Dr. wrote in my file notes but did not refer me or mention it to me. In
12/2012 it was diagnosed by another Dr. and treated. I was on medicine that was
not needed for 5 years. I had a diminished quality of life by having a
compromised airway until diagnosis in 2012 and a tracheostomy was performed.
The statute of limitations is 2 years and statute of repose is 5 years. Do I
have any recourse?
ANSWER
The short answer is contact an medical malpractice
attorney in GA and run the question by him. Generally speaking, equitable
exceptions to statutes of limitations exist in case law but not in a statute of
repose. A common equitable exception in medical malpractice cases is the
discovery rule, which holds that the statute does not start tolling on a claim
until a client knew, or should have known that a doctor did something wrong. I
don't know if GA's statute of repose would allow for such an exception. My gut
tells me it would not, but ask a local guy who knows for sure.
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.
QUESTION
My husband had a break in his spine from the L5 to S1.
The surgeon scheduled surgery and cut him open and saw he had the wrong size
screws. More Details: My husband had a break in his spine from the L5 to S1.
The surgeon scheduled surgery and cut him open and saw he had the wrong size
screws. He closed him up and ordered the right parts and rescheduled the
surgery for the next month. Is this malpractice?
ANSWER
It depends on why he had the wrong sized screws. It
possible that he had the wrong sized screws but that he could not make that
call until he was actually in the operative field. If that is the case, then he
did the right thing by stopping the procedure and rescheduling. If he should
have done something prior to the operation to make sure that he had the right
sized screws, then it’s possible you have a malpractice case, but a one month
delay and the need for a second surgery probably do not serve as a foundation
for a financially viable medical malpractice 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.
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