Friday, October 11, 2013

Questions and Answers Submitted During August and September 2013

Here are the latest questions and answers that were submitted to me online during August and September 2013:


Question:

How do I know if a doctor(s) is guilty of medical negligence?  My wife suffered a collapsed left lung. She was fitted with a tube to suck the air out of the chest cavity for the lung to reinflate. The tube was removed twice and reinserted twice because of difficulty with breathing without it. It was removed after approx. 2 days the first time and reinserted by emergency procedure later that night. It was removed again today exactly 1week later with the same result. My wife has been subjected to painful and possibly unnecessary suffering. Is this a case of Medical negligence?

Answer:

It is difficult to say whether the repetitive insertion of the tube was negligent. If the tube was removed initially because the doctors expected that it was no longer necessary, to know whether the choice was below accepted standards of care you would have to look at the records to determine what was influencing the doctors' decision making process. 


Assuming this leaves no permanent problem, however, even if the care was negligent, you will not have a financially viable malpractice case. The articles linked below explain this in more detail. 


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

Do I have a malpractice case after a 4 day old dental implant failed and upon extraction I went into shock went to ER now teeth face are numb?

Answer:

It is hard to answer your question without more information. Obviously, you would not expect a dental implant to fail after four days, you would not expect a patient to go into shock during the procedure to remove it and you would not expect your teeth and face to be numb after this, so you have a good reason to suspect that you were the victim of negligent care. To know whether your suspicions are well grounded and attorney will have to obtain your medical records, review them and try to connect the dots. Also, it is not clear how long you have been suffering from the numbness, but a big question will be whether this problem is permanent in nature. If it is not, then you probably do not have a financially viable medical malpractice case. The articles linked below discuss this in more 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.  


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

Should we pursue a lawsuit? Spouse had Achilles tendon surgery 3/27/13. As a result of poor positioning by the anesthesiologist, his right arm was compressed and he has suffered permanent damage and loss of feeling in the arm and has lost a significant amount of strength in his hand. His orthopedist and a neurologist have concurred.

Answer:

Nerve damage caused by malpositioning during surgery is a relatively common type of medical malpractice claim. Also, if he is still experiencing neuropathy 6 months after the fact after consulting a neurologist, in all likelihood the problem is permanent. Consequently, he has a malpractice case worth investigating. 


If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). 


Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Medical malpractice attorneys take cases on a contingency basis, which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.  


Below are some articles you may find helpful. 


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

X-rays mistake.  A doctor told me I had fluid and infection on my spine I was rushed to surgery they found nothing.

Answer:

While it was probably an alarming experience, you do not have a financially viable malpractice case unless a misdiagnosis resulted in permanent harm. The articles below explain this in more detail. If I am missing something and 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. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

My brother was diagnosed about 2 years ago with anal warts after two years of treatment the doctor did a biopsy and discovered it was cancer. Shortly after his diagnosis of cancer he was diagnosed as a stage 4 cancer and died August 29th of this year.

Answer:

Obviously, you have reason to suspect and investigate a medical malpractice case. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.


If you want to investigate your 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.


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

How can I get an attorney to listen to my case? I have a very good medical malpractice case. I have been told that most attorney offices will not take time to even listen to my initial claim unless they feel it has a value of over 6 figures? Is this the standard for all malpractice attorneys? This seems too unfair.

Answer:
The most common reason I reject malpractice cases isn't the absence of a mistake. It is because the cases are not economically viable. The articles below spell this out in more detail and may help you understand the nature of the problem you are up against. 
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website
Question:

Husband had open heart surgery on April 3, 2013. His primary cardiac doctor has been trying to get the operative report but we have been told by the hospital that there isn't any report on file. We called the cardiac surgeon's office and they can't seem to locate the report either. Have also tried to get the surgeon to return our phone calls, however, he hasn't done this either. He only has office hours on Mondays. We have been trying to contact him since the Wednesday before Labor Day. His office called yesterday and advised they don't seem to have an operative report on my husband. His cardiac doctor tells us this is against the law and there has to be a report somewhere. What can we do?

Answer:

File a complaint against the doctor with the Nevada State Board of Medical Examiners. Click here, mid-page is the link. Also, file a complaint against the hospital with the Nevada Department of Health and Human Services, since they have an obligation to make sure doctors who admit patients follow the law. Click here to do this online. Again, about mid-page,  left center, first box.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website
Question:

What to do after a missed diagnosis after my husband had a stroke?  Took my husband, age 42, into ER on 8-17 with symptoms of instant double vision, tingling/numbness on right side, slight slurred speech. Doc performed CT scan and routine blood work. Said he found nothing wrong. Maybe an ear infection or possible start of MS. Did tell us to call a neurologist, and sent us home. My husband’s speech got worse and his right side became weaker throughout the day. WE called the neurologist suggested..had an appt.on 8-22. The neurologist ordered many blood tests and a MRI, which he had on 8-24...found out on 8-27 that my husband had suffered a Left aspect Mid Brain stroke. Approx 7 days prior to MRI. which was the DAY he went to ER. Approx. 3 weeks after his stroke & many tests later, we find out the cause of the stroke is a hole in my husband’s heart which let a blood clot thru to his brain, causing the stroke. If ER Dr. would've ordered an MRI we would've known about the stroke that day, and they could've administered tPA improving chances of recovery.

Answer:

Agreed on the tPA, there is a very limited window for that. You should definitely contact an attorney. The clinical picture definitely suggested a stroke. The question is why it was missed in the CT scan. An attorney will have to get the records, but make sure that he/she hires a radiolgist to look at the CT scan films before you accept a negative response. Good attorneys can screen cases by looking at the records most of the time, but when the medical mistake is a misinterpretation of a film, you need to enlist an expert at the outset. 

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. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

Medical malpractice.  I had a hip replacement done last year the Dr. cut a main nerve in my back during the surgery, The nerves in my calf are dead which makes my foot droop..Needless to say 3/4 fractures in my right foot later I am now seeking legal advice? I have seen several Dr.s to prove condition's (nerve ending test done) also a Foot and Ankle Specialist have x-ray's at his office. My Primary Dr. as well.

Answer:

If you can prove that the injury to the nerve was due to a surgical mishap, then you have a case worth investigating. Nevertheless, it is difficult to prove that a nerve injury in the course of hip surgery was due to cutting a nerve, and a few other things can cause nerve damage that do not amount to negligence. 

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.

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.\

Click here and here for more information about me.

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:

Are there any lawyers that handle medical lawsuits? My sister almost died from brain hemorrhage she was taking the blood thinner paraxial.

Answer:

Doctors who prescribe blood thinners have to monitor a patient's INR levels so that they are not at risk for internal bleeding. Consequently, you may have a case worth investigating. 

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.

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.

Click here and here for more information about me.

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:

Can my parents sue the hospital for negligence? My dad went into the emergency room recently because he thought he was having a heart attack. He was wheeled into the waiting room where he waited for over 15 minutes. A nurse came out and saw him and asked the front desk what was wrong with him because he was about to climb out of his chair. The front desk looked at the paperwork and said that he only had a cough. The nurse went and grabbed him and rushed him back and that was when he had the heart attack and they physically lost him and they had to bring him back to life. Based on them having false information in their paper work, and had they not, they may have been able to prevent this, can my parents sue for negligence? He could have died in that waiting room if that one nurse didn't notice something was wrong and nobody even admitted their mistakes. The nurse came to them and told them what happened days later. What do you think?

Answer:

It sounds like you father received substandard care, but in the end analysis, the nurse may have avoided further damage when she intervened and took him out of the waiting room. If your father did not suffer from permanent problems related to the delay in treatment, he probably does not have a financially viable malpractice case. 


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.


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.

Click here and here for more information about me.


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 case? I am a 51 yr old man with no health issues and not on any medications, I recently went for outpatient surgery, umbilical hernia repair, when i came out of surgery I was unable to pronounce words, where I lived what procedure i was in hospital for, so they immediately admitted me put me on oxygen and scheduled MRI i was in hospital for 33 hrs before released, my doc says hospital MRI was normal but when he looked at them he said they were abnormal, he referred me to a neurologist, I have had a speech impediment since my surgery(stutter) which u did not have before. Doc told me 2 weeks later that my smoking caused mini stroke, but I was fine before surgery, no strokes of any kind. I have my medical records and it shows upon release patient did not have stroke, but they released me and then told me days and weeks later I did. How do I prove they caused this injury to me?

Answer:

You weren't smoking during the surgery, so I don't see how that could cause your stroke. Smoking may have put you at an increased risk for a stroke, but these are things that should come up during --and be proactively planned for-- when you obtain preoperative clearance. 


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.


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.


Click here and here for more information about me.


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:

What qualifies as a medical malpractice?

Answer:

That is a very broad question, but below are some links to articles that you might find useful. They are written for a New Jersey audience (where I practice) but much of the information will translate. 


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.


Click here and here for more information about me.


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:

What all do I have to do to file a medical malpractice lawsuit? I had a Heart Cath done on March 27th 2013. In which there was complications in the right leg that the doctor started the Cath in, so he processed to the left leg. During the hearth Cath in the right leg he damaged the nerve in my leg badly. Now to this day I still have serve pain in the right leg and a limp that I didn't have before the surgery. I contacted his office a week after the surgery and they told me to go to the ER. I did and was diagnosed with fistula on the right side and nerve damage. Then when I went to my OB/GYN doctor for some female problems months later, when they contacted his office to get medical clearance to make sure everything was ok for what they had to do his office told them I wasn't his patient and I just was there two weeks before.

Answer:

I am not sure whether nerve damage during cardiac catheterization is an accepted complication of the procedure, but it is certainly an unexpected outcome. 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.


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.


Click here and here for more information about me.


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 to have 2 surgeries done the same day. I almost  died from the first one.  I had gallbladder surgery done one day surgery came home same day my grandkids found me passed out and called 911. They took me to hospital were I had to have surgery done. I was bleeding inside. Doc said 15 min more and I would have died the 1st surgery was done at different hospital the doc missed a blood vessel when he was sowing me back up.

Answer:

If you made a complete recovery following the second surgery, you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail. 


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.


Click here and here for more information about me.


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:

What do you find to be the cause of the jump in the number of mal-practice law suits in the last few years?

Answer:

More than ten years ago, the National Institute of Health concluded we have a medical malpractice problem in the USA of epidemic proportions. Nevertheless, little progress in patient safety has been made since then, notwithstanding a flurry of activity in reaction to the report. 


Click here for an article discussing this.

Question:

I broke my wrist 4 weeks ago the hospital wrapped it and had me see an orthopedic surgeon the next day did he sent me for another x-ray and said ok, your wrist is broken come back next week and we will see what’s going on I went back no x ray was done I was put in a brace and told come back my fingers go numb and I told the doctor this he said my brace was to tight loosen it and start using my hand ok I was called by my work and told to come back I asked for a second opinion I wound up going to my doctor.  He re x-rayed me and sent me to another specialist this is week 4 with no cast I was shown the x-rays and my wrist is healing crooked and has other issues that if I would have been put in a cast sooner I would not be having these problems

Answer:

It sounds like you have reason to suspect that you received negligent care, but the big question is what the ultimate outcome will be. If resetting the fracture fixes the problems, you probably do not have a financially viable medical malpractice case. The articles linked below explain this in greater detail. 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.


Click here and here for more information about me.


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 surgery in 2011 and the doctor cut the nerve in my leg do I have a case?

Answer:

You may have a case, but you are going to have to overcome a potential statute of limitations defense. 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.


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. 


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

Infusion error.  I was given a Herceptin Infusion and was complaining for an about 20 minutes that it was burning which I was getting for over a year. In the beginning she put a hot pad on but didn't help. So I lifted the hot pad ad had such a big bubble on my hand. If they would have listened to me earlier, this would never have happened. My hand seems to hurt but everyone says it’s not from that and the top of my hand is black and blue What do you think

Answer:

If the damage is limited to a bruise that clears up, then you probably do not have a financially viable medical malpractice case. If the damage is more significant than that, you may have something worth investigating. The articles linked below explain the concept of financial viability in more detail. 


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.


Click here and here for more information about me.


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 lost my sense of smell do to a tumor removal procedure where they went through my nose.

Answer:

I think the big question is whether the loss of sense of smell was considered an accepted complication of the procedure. If the informed consent paperwork that you signed in advance of the surgery indicates that loss of sense of smell is a possible complication, then the case is probably defensible. If it does not say this, then you may have a case. The informed consent paperwork should be part of the hospital chart, so you could request that and evaluate things that way. 


Beyond that, 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.  


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.


Click here and here for more information about me.


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:

WHAT DO I DO WHEN MY BLOOD PRESSURE WAS DROPPED TO QUICKLY WITH MEDICATION WHILE IN THE HOSPITAL THAT CAUSED PARALYSIS ON THE LEFT SIDE?  I was in the hospital for HBP and I could walk and move my left side while I was there. I was evaluated by their professional staff and they saw that I was mobile. After the episode, I was told that my blood pressure was dropped too fast. Now I am going through physical and occupational therapy. I was in patient. Now I am out patient. I have not yet returned to work. This is a lot of work physically as well as mentally. Do I have a case?

Answer:

If someone advised you that you have paralysis on the left side due to the fact that you blood pressure was dropped to low, it sounds like you have something worth investigating. If you were truly hypertensive it is certainly possible that you suffered from an ischemic stroke. To know for sure, an attorney would have to obtain the pertinent medical records from the hospital. 


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. Click here and here for more information about me.


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:

How do I go about suing a dentist? I had dentures made and he did a really bad job now I have no teeth and no dentures he agrees to give back some money but not all

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. 


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. This discusses the issue of financial viability.


Click here for an article that explains what you can expect when filing a medical malpractice case.


Click here and here for more information about me.


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?  I had surgery on my left foot April 20, 2013 leaving my right pinky toes much shorter than the left one. I was not warned that this may result after surgery.

Answer:

Having a toe come up shorter following podiatric surgery is not uncommon and may be an accepted complication of the procedure. Beyond that, if you did not suffer a signficant loss of function, there will be questions about whether the case is financially viable. 


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.


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.


Click here and here for more information about me.


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:

How do you know if you have a medical malpractice suit at hand? I had cervical fusion and either during or immediate following surgery had a stroke. I have requested medical records from all parties involved and they are very selective in what the release. I have had several doctors tell me this was due to something happening during surgery i.e. Low blood pressure, compression of artery etc.  but do not know where to turn for help in pursuing this.

Answer:

Don't waste your time trying to obtain the medical records yourself, let an attorney investigate the case and obtain certified records himself. 


If an anesthesiologist lets a patient's blood pressure drop too low during spinal surgery, this can result in a stroke. Anesthesiologists practice something called deliberate hypotension. They intentionally keep blood pressure low to control bleeding during large surgeries. If you were not properly evaluated preoperatively, however, they may have a false understanding of what your base-line blood pressure is, and this can result in blood pressure going too far below baseline. Other mistakes can occur when this kind of approach is utilized. I represented a gentleman who suffered a stroke during spinal surgery because of the use of deliberate hypotension. Click here for a discussion of that case. 


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.


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.


Click here and here for more information about me.


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 husband died of cancer after not being diagnosed properly. He complained of pain in hip area for over a year and nothing beside pain medication and physical therapy was done, past cancer patient they never did a cancer screen to see if cancer was back

Answer:

The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectable, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.


If you want to investigate your 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. 


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can expect when filing a medical malpractice case.


Click here and here for more information about me.


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:

Should I sue?  A Urology doctor I went to prescribed me a Sulfa drug. On my patient forum it clearly states I'm allergic to Sulfa drugs. I started getting sick thinking I had a super bad chest cold. I would wake up and not be able to breathe. I read the bottle and it said Sulfa, then I was like wait.... and found out it indeed does have Sulfa in it. I'm very sick and going to an Urgent Care today. Should I sue the doctor?

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.


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.


Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated.


Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website

Question:

What are the time limits or timelines to file a lawsuit?

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.


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. 


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can expect when filing a medical malpractice case.


Click here for more information about me. Click here for more information about my firm.


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 shoulder repair surgery 2 yrs ago and now I have to have it replaced. I had a bone spur that tore my bicep tendon and damaged my rotator cuff a little over 2 yrs ago, and had surgery on it..Repaired it...and now I recently have been having a lot of trouble with it...had a MRI done by a different Dr.  And it shows that my bone had died...resulting from loss of blood flow...now I’m looking at joint replacement surgery. Can you give me any advice please?

Answer:

It is difficult to say whether the necrosis is related to the previous surgery. Has anyone told you that it is? If so, you may have a case worth investigating, but it sounds like an uphill battle. 


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.


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.


Click here and here for more information about me.


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:

Medical malpractice. Before I sue for medical malpractice do I have to make a complaint against the doctor first because I had a piece of metal 8mm long in my eye and was in ER from six till 11 after being life flighted there well my eye was stitched up and next day found out from ultrasound that the piece of metal is still in my eye the doctor scraped my eye and could not fine it so they sent me home for a week with the metal in my eye stitched up I go back never saw the Dr from the first surgery ever again thence he retinal surgeon did my sec surgery very good but was odd is that he said that he was there doing my first surgery I never saw him and as fast he got it out sec. Surgery should have been done first time. I am blind in the eye and may shrivel and lose it only time will tell said Dr.

Answer:

It sounds like you have a medical malpractice case worth investigating if you have been told that the failure to remove the piece of metal is what is causing your loss of vision. I think if there was a piece of metal lodged in your eye, it would be visible either on a physical or slit lamp exam.


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.


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.


Click here and here for more information about me.


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'm seeking an attorney to assist me with a Medical Malpractice Lawsuit. I had surgery 1/5/12 routine thyroidectomy;  I went into resp failure after the surgery; there was not adequate equipment to place me on life support; thus I was incubated again where I now suffer bilateral vocal paralysis; damaged larynx & I wear a trachea. I as well have to do suction secretion at minimum 5 times a day. I've had 11 surgeries to correct the damage none of which has helped. The doctors have made it clear they are not the least bit concerned and I refuse to allow this to do this to me and not have to pay. I'm no longer able to work because I'm considered a risk due to the trachea; my life has gone all the way to hell because of this and no one is willing to assist me.

Answer:

Injury to the  laryngeal nerve can occur with intubation, but it can also occur during a thyroidectomy, and sometimes when it occurs relative to the thyroidectomy, it is considered an accepted complication of the surgery. 


An attorney will have to sit down and evaluate all of the pertinent medical records to determine whether you have a financially viable 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


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.


Click here and here for more information about me.


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:

Dr. gave me an overdose during cervical pain injection. I quit breathing and facility dragged feet calling 911. I had a seizure which notes said was just me moving around confused. This was for 18 min. before calling 911. EMS arrival lips still blue. Mayo ER saw something of cat scan. it was cortisone and alcohol that was injected into subarachnoid space after a dural puncture mistake. Subsequently, new MRI indicates Extensive White Matter Ischemia disease in brain. It was not there the day of the incident on 12/20/2011 when I was given 300mcg of Fentanyl. I have an appointment with a Neurologist to go over everything. Statute of limitation is up on 12/20/2013

Answer:

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. 


Do not wait any longer to contact a lawyer. It takes time and resources to investigate a medical malpractice case. 


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.


Click here and here for more information about me.


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 case?  My son had surgery Wednesday to replace his central line in his chest that he has had for 5months and have been repaired 5times. After his surgery, he was brought back to the room and I notice that he was having hard time breathing. Then moments later, he went to get an x-ray and I notice bleeding underneath his chest where the central line was placed. So we got back to the room and he was placed on oxygen. The x-ray revealed fluid in his lungs. My son had to undergo surgery and anesthesia again. The plan was to drain fluid and do repeat same surgery. Something went wrong with the surgery and I need answers. Kameron, my son came up her last Monday with a fever. All test came back negative, no infection. And now is in ICU.

Answer:

You have time to deal with the legal consequences of everything after the dust settles from the medical crisis that you are in the middle of. If there are lasting problems and you want to investigate a malpractice case after your son's condition has stabilized, contact an attorney at that time. 


Click here for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs.


Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.


Click here for an article that explains what you can expect when filing a medical malpractice case.


Click here and here for more information about me. 

Question:

Do i have a case for a lawsuit for a missed diagnosis of a stroke?  My mother suffered severe abdominal pain due to complications from gall bladder surgery she had 3 days earlier. The pain caused a dramatic increase in her blood pressure (200/100 range). The increased blood pressure caused a hemorrhagic stroke which was not diagnosed even though she had exhibited classic stroke symptoms. She was not given medication to lower her blood pressure until after the hemorrhage was discovered.

Answer:

You may have a medical malpractice case for failure to timely treat the elevated blood pressure that led to the stroke. To know for sure, an attorney would have to review the pertinent medical records. 


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.


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.


Click here and here for more information about me.


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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