Do I have a case? Went to doctor with heart problem. My aorta was leaking and I had surgery. Month later when I went back that put me straight in ICU. The doctor had a copy of my MRI. The first time I seen him but he didn't look at it, sent me home. When I went back that did there on MRI cat scan that when that put me in ICU been 5 month. Now and I still can't talk, my voice still messed up and no one has even tried to fix it. My surgeon told my wife after surgery that he was very sorry for sending me home. The first time said I should have never been sent home.
Answer:
It is hard to tell you whether you have a malpractice case worth investigating without additional detail, but you certainly have reason to be suspicious given what the doctor said to your wife.
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.
Question:
If I live in Nevada and was damaged in surgery done in CA, in which state does my attorney file my lawsuit?
Answer:
Suit must be brought in the place where the malpractice occurred.
Question:
Do I need to consult a lawyer before going back to my surgeon? I had hernia surgery 5 months ago with mesh implant and there has been pain since. I saw my doctor about a month ago he said wait 4 to 6 weeks if still bothering me come back. Today I woke and my scar has turned red and has a discharge and I'm still in pain. It's Saturday so my surgeon’s office is closed. Not sure what I should do but without advice. I will call him Monday morning.
Answer:
You need to get to a doctor ASAP because you have a postoperative infection. If he cannot see you immediately, go to the ER. Sort the medical problems out and contact an attorney when the dust settles from that. I do not know what the statute of limitations is in WA, but you certainly have time to deal with an emergent medical problem before worrying about the legalities your situation.
Question:
Is this considered malpractice if a Dr put faulty screws in a cervical plate in your neck and had to have surgery again 6 weeks later after the first?
Answer:
If it is not a medical malpractice case, it is a products liability case against the company that manufactured the screws, because obviously the shelf life of screws inserted into your spine needs to be more than six weeks. If I had to guess, it’s not the screws, it is how they were inserted. I say this because the failure is so soon after the procedure. If the second surgery completely cures the problem, there will be a question about whether the case is financially viable and you may have a difficult time finding an attorney to take on the case.
Question:
I want to know if I have a case. I had a miscarriage and doc performed D&C 3 days later i developed a high grade fever chills and excruciating pain that meds could not subdue went to ER and was admitting told I had a terrible infection round the clock antibiotics fever still rising performed ultrasound discovered fetus remained he didn’t get all out days later another D&C was done then I was released with antibiotics and pain meds.
Answer:
It should not have happened, but if the subsequent surgery cured the problems, you probably do not have a financially viable medical malpractice case. Articles below explain why this is so.
Question:
Can I sue a hospital for neglecting to take head X-rays? As a result of not taking an X-ray I have a fractured skull and can feel the bone popped out under left temple. And deal with constant headaches and weird feelings.
Answer:
Deal with the medical problem first, go to the hospital and get re-x-rayed. If the subsequent care deals with all of your problems, then you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail.
Question:
My son broke his collar bone while in the after school program can I sue the school? The kids were playing football outside during the after school program and my son fell and broke his collar bone. There was a little ditch in the dirt which caused my son to fall.
Answer:
You could probably find an attorney to open a file and investigate a claim, but it is a tough case because the school is probably entitled to some immunity under the Tort Claims Act. Also, note that you have ninety days to file a notice of claim, so if you are going to pursue a case, you should contact a personal injury attorney as soon as possible.
Question:
Problems with doctor and surgeries. I cut both tendons in my ring and small finger with a knife cutting some fruit seen a hand specialist 2 days later and had my first surgery the next day I picked up a small magazine with both hands and dropped it on a spider and felt a pop in ring finger and call the doctor’s office went in the next day same doctor that did surgery looked at my hand and said I was fine even after I told him countless times something wasn't right he sent me to physical therapy for 3 weeks and finally physical therapist told doctor I needed a MRI because there was no progress so had MRI and like I told him my tendon had re-ruptured and tendons in small finger were also ruptured he then blamed me for my tendons being ruptured again is there anything I can do about this as far as him not listening to me when I told him it wasn't right there is more to this I have had 3 surgeries in the matter of 4 weeks thanks for your time
Answer:
You may have a case, but it is going to be hard to quantify the damages. It sounds like he failed to diagnose the tendon rupture in the little finger and he obviously failed to diagnose the re-rupture, but the question will be what impact the delay in dealing with those two conditions was on the ultimate outcome. I could be a case, but if you called my office I would tell you to wait until the dust settled after the final surgery to see (a) whether this caused permanent damage and (b) how much of whatever was left was related to the delay/mistreatment. Of course, you have to also be mindful of the statute of limitations, so you cannot wait forever.
Question:
My son who is 14 was born with Spina Bifida and other health issues. His urologist performed a surgical procedure on him in April of this year. The surgical procedure was supposed to close a hole that had developed in the urethral channel that was causing extra urine to escape. In September the wound developed an ulcer that caused the wound to cave and also created a infection. Since this has happened the wound is still leaking urine from the area that was supposed to be closed in April. I want to know if this is considered medical malpractice, thank you.
Answer:
It is hard to tell you whether you have a viable malpractice case because the cause of the ulcer is not clear. If it is a necrotic ulcer, it may have been the result of negligence or it could have been an accepted complication of the procedure. Also, post-op infections are usually an accepted complication of surgery, but can sometimes be the foundation of a medical malpractice case if they are not timely addressed. Finally, another question is whether additional care will remedy the problems, because if it will, the case might not be financially viable.
To know whether you have a viable case, an attorney will have to look at the records.
Question:
Root Canal. I had a root canal several months ago and then a permanent cap. I told the dentist who did the root canal that I was having pain before the permanent cap was placed. She said it was from the root canal procedure. A few weeks later I was still experiencing pain and went back to her. She said she did the root canal properly and said I needed to have my gums cut or see a root canal specialist. I then went to see another dentist in that practice. He removed the permanent cap and gave me a temporary. He thought that would stop the pain. It did not. He agreed with her and I saw a gum specialist who did not agree with them and said it was the root canal. Now they want me to pay to see the root canal specialist. I have already paid for the root canal and permanent cap which I don't have because dentist #2 removed it and placed a temporary. Are they responsible for completing the procedure and costs? Do I have to pay another dentist for another root canal or should they pay
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.
Question:
Is there any litigation going on against Lasik doctors? When getting Lasik done in both eyes, the doctor messed up my right eye. I no longer have 100% vision in it. Maybe 5% vision.
Answer:
If you are left with 5% of your original vision then you should at least contact an attorney to evaluate the case. We get allot of calls about Lasik surgery, but more often than not the complaints are considered accepted complications of the procedure. At face value, your kind of visual loss does not appear to be in that category.
Question:
If my acetabluar cup was put in wrong, is that negligence? THR 2011. Severe pain in groin ever since surgery. Finally found that the surgeon put the ace tab. cup in wrong, which is rubbing on my soas tendon? 1/2 inch longer than other leg,,,,even 1/2 in is causing horrible pain, but the soas tendon is the worse!!!!
Answer:
If he put the cup in wrong and you can prove that then you may have a viable case.
Question:
My 9 year old son was cut on both sides of his arm with a cast saw in the ER department of our hospital. Would I have a case for malpractice? My son broke his arm while roller-skating on a Saturday, had a full arm cast put on that night at a Children's hosp out of town. On Monday, he had dangerous swelling under the cast which was causing numbness, tingling & pain. I took him to our local ER & they made a phone call to the Children's hosp who put the cast on & both agreed the cast needed cut to relieve the pressure. They took us to a room & several people were looking for the cast saw & couldn't find it. Eventually a lady found it & gave it to the dr. My son was scared & the dr. said the saw will not cut him. He started cutting the cast & my son (who rarely cries) burst out crying that the saw was cutting him. The Dr. PROMISED him that it was not cutting him, it just feels hot. A lady was holding my son's arm while the Dr. kept cutting without regard to my son crying out in pain. 3 weeks later when the full arm cast was removed to put on a short cast, there was blood in the cast & scars & sores where the ER dr cut him.
Answer:
It sounds like malpractice, but if no permanent damage was done and the scars are not too bad, there will be a question about whether the case is financially viable.
Question:
I have a current Neurosurgeon who told me my last surgeon in Nevada was negligent in my care.
My current Neurosurgeon in CA told me my last surgeon Dr Halki from the Reno Ortho Clinic, should have sent me to a surgeon who had the skills to do the surgery that I needed. I was told he put in the cervical plates wrong, and they were the wrong size. I was told Dr Halki did not have the skills to do my surgery and should have sent to another surgeon who had the skills. Dr Halki did a 4 level posterior cervical spinal fusion in 2009 He then did a one level anterior cervical spinal fusion in 2010. I heard that the statute of limitation can include the time I found out that malpractice/negligence occurred. I just found out in July of 2013.
Answer:
The tolling of the statute of limitations under the "discovery rule" is a common law and sometimes a statutory defense to a SOL defense, so to know whether it applies to your case, you will have to contact a Nevada attorney who will know the law pertaining to that state's SOL. Also, you will need to consult a Nevada lawyer because that is where the case will have to be filed.
Obviously, if the second surgeon is correct, you have a malpractice case worth investigating. In my experience, however, spinal surgeons are quick to criticize other doctors "off the record" but won't act as experts in litigation. Additionally, when I consult a different expert, I often get a different story (the harm was an accepted complication of the procedure; the plates migrated after the surgery etc.).
Question:
I have a dropped foot from a shot in spine for my back and ended up with a drop foot. Now the Dr. Said it won't go away I will always have it. It was done 1/12years. But they now say I will always have it
Answer:
You would not expect a dropped foot following an epidural procedure in the absence of nerve damage, so it sounds like you have a case worth investigating.
Question:
Could my mom be a victim of a wrongful death? My mom had an nail infection and due to the hospital not focusing on her having lupus, they didn't take it too serious. They gave her some antibiotics, she had to return a few days later, due to it giving her some pain up and down her arm. Which she had to get her whole tip of her finger amputated all the way to the knuckle. A few weeks and so many days later, she ended up having a mild heart attack. And stayed for a week. And wasn't given the proper medication for chronic pain. And died suddenly a week and a day after having a surgery.
Answer:
It is difficult to tell you whether you have a viable malpractice claim without knowing what the cause of death was. Your mother seemed to be suffering from a few disease processes that were going on simultaneously that were not necessarily related.
In any event, if you want to investigate a case, you should contact a local personal injury attorney (one in your state). Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed.
Question:
Do you have to be a direct family of the deceased to sue for malpractice? My friend was having chest pains, she went to the doctor and he told her that it was a muscle spasm. He never sent her for further testing. She died 2 weeks later from a heart attack. She has 3 children and was going to be married. Can her fiancé file a las suit or does it have to be the kids?
Answer:
Whoever is executor can file a claim on behalf of the estate. The fiancé will probably not have any right of recovery, but the children will.
Question:
My surgeon clipped the tube from kidney to bladder. I had to return to surgery for repair one day after released from hospital. After spending 11days in hospital I came home. Returned to hospital after catheter was remove with 101 fever, profuse throwing up and diarrhea. While in the hospital for the 3rd time was admitted to ICU with 105 fevers. I spent 6 days in hospital this time. Diagnosis was sepsis, c-diff, and unitary tract infection. Am I liable for the expenses incurred for the last two hospital stays?
Answer:
You will remain responsible for the bills. If you file a medical malpractice case, any out of pocket expenses that you incur will be part of your damages in the case if you prevail. Additionally, your health insurance carrier will likely assert a lien for any bills they paid.
Question:
Medical malpractice. Is it illegal for a orthopedic surgeon to say I have a anxiety disorder and OCD tendencies and give me medication for these the only disorder I have ever been diagnosed with is adult ADHD never been seen or diagnosed with either of the above disorders by a psychiatrist.
Answer:
I don't know why your orthopedic surgeon is medicating you for psychiatric issues; it is not something within his specialty. I think this is a question you should be directing to your psychiatrist or to the surgeon.
Question:
Will I still be able to find out what caused my mother’s death? Mother died January 30, 2010 according to her death certificate it was from complications due to her diabetes, sarcoidosis etc. No autopsy was done on her to determine the true cause of death. Asked the emergency room doctor if one had been done she said no and I asked her if she could do one she said no because my mother died at home, I never been comfortable with that answer feeing just as if they were hiding something or just being lazy. My mother had just recently had surgery to have a device put in to keep oxygen going to heart that same month, her doctor on several occasions sent her home with swollen legs and I eventually would have to take her to the emergency room those doctors will tell me that she should have never been sent home like that. So in some ways I believe her doctor was negligent in her care and the emergency room doctor was negligent in diagnosing the cause of death.
Answer:
State law dictates when a hospital has to perform an autopsy. I do not know what the law is in Illinois, but I investigate cases all of the time involving a death in which no autopsy was performed. Experts can determine the cause of death by looking at the pertinent medical records. If the cause of death listed by the doctors on the death certificate was wrong, an expert in a medical malpractice case should be able to make that determination.
From my perspective, I am not sure that your suspicions are well-grounded. Your mother had allot of underlying health problems that could have contributed to the outcome. Beyond that, I think that there will be questions about whether any case is financially viable.
Question:
My brother contracted Hep C after a double organ transplant. Do we have a malpractice suit? He did not have Hep C prior to kidney and pancreas transplant and did not have a lifestyle where he would contract it. He died four months after the transplant and we can't get the records to see what is going on. He also had a type of fungus that he contracted after the operation.
Answer:
Lawyers file cases in similar circumstances all of the time. It is more of a products liability case than a medical malpractice case, but if you look for a malpractice attorney you will find someone who can help you.
Question:
Do you all take medical cases? Hi my name is Angela Stine and I had my tube tied June 10, 2011 and I found out i was pregnant September 2012. I had my tubes tied at Meharry Hospital and I found out how I got pregnant washed 2 clamps wasn't all the way.
Answer:
Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies.
To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does.
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.
Question:
Could medical facility be liable for giving medication causing stroke? Approximately 13 years ago I was in a medical facility for depression. I was given medication and awoke in middle of night with left leg jerking involuntarily. The medical team was alerted to this and the medication was stopped. Unfortunately, the next morning I was only able to communicate with an intense stutter or involuntary jerking of my mouth when I tried to communicate. I was not told what happened or why when I was released. I stuttered daily upon every attempt to communicate. Probably this continued for a year and lessened to the point it was unnoticeable except for occasional bouts...I have just dealt with another bout. Could I have had a stroke? I have no other way of explaining why this was not addressed or even why I did not comprehend the issue and seek medical testing on my own.
Answer:
If you came out of the hospital with a new condition and it has never been explained, then you have reason to be suspicious, but I think you are going to have a problem with the statute of limitations.
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.
Question:
Had two surgeries and was told by my specialist on my third surgery that they were done incorrectly
More Details: Had thyroglossal cyst removed in April, 2008. Was going twice weekly for dressing changes but continued to drain & wasn't healing so Dr. decided to do 2nd surgery in July, 2008. In June, 2013 I had thyroglossal cyst recurrence. Specialist told me that Dr. who performed the first two surgeries should not have performed surgeries at all due to not just any doctor knows how to perform this type surgery & that I would continue to have recurrences unless a 3rd surgery was done correctly. Had 3rd surgery in September, 2013. Specialist told me this is what he considers Malpractice
Answer:
If the second surgeon is correct, then you have reason to suspect that you were the victim of negligent care, but if the third surgery resolved all of the issues I think there will be a question about whether the case is financially viable. The articles linked below explain this in more detail.
Question:
I had a Mammogram in July. When it was done had a 4 inch tear unI 2 days. Do I have grounds to sue?
I am big busted and the tech said she would have to do 2 views I said ok. She said are u sure I said Its a Mammogram not surgery. Instead of lifting my breast she tried to slide it and it was stuck to the plastic breast plate on the machine and it tore the skin. She did it a second time and I yelled what did u do? She said they are large and went on to do the other side. I told her I would move that breast for her not to touch it. At the end the area under the R breast was bleeding and she got me gauze and ant. ointment to put on. I tried to clean it with water but was stinging and burning. I couldn't see what happened. I applied gauze and oint. I came to work but was so wet from bleeding asked 2 co workers to look at it and they said I needed to see a doc. She took a picture so I could see how bad it was, It was pretty bad. I called the Mamo place and told them I needed to see a doc. They called back in the am and I went to see the Radiologist. She referred me to a breast surgeon/Specialist.
Answer:
It sounds like you received negligent care, but there will be a question about whether the case is financially viable depending on the outcome of care. The articles below explain this in more detail.
Question:
Walgreen gave me wrong dose. Two times Walgreen gave me wrong dose of my medication. First time theyn corrected itband gave me correct dose at no charge. the medication is metformin . They gave me 500mg twice a day total 1000mgper day. i was not informed to take this medication twice a day so i only took it once a day. My original order should be metformin er500mg on tablet a day.this went un noticed the second time for 7/23/12 till i went to doctor for my physical and got the paper preciptionand notice3d it was the wrong dose. Contacted Walgreen.
Answer:
Medication errors are very common. Whether an attorney will investigate a medical malpractice case s 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.
Question:
Can I sue my doctor? He did not inform me that i would lose all mobility in my left arm.
Answer:
It is difficult to answer your question without the basic facts of what happened. Generally speaking, when an unexpected, unwarned against complication occurs, you have reason to suspect that you were the victim of medical malpractice. To be able to answer your question, however, I would need to know more information.
Question:
Is this considered medical malpractice? I had an elective d & c procedure done a week ago. They sent me home without a prescription for pain meds or antibiotics. 3 days later i spent over 12 hours in the ER because I had excruciating left abdominal pain. All types of test (CT scan, pelvic exams) were done and nothing showed up. The next night i was back in the ER with the same pain x10 and they found an infection in my uterus and a Urinary Tract Infection. The doctors in the ER asked if i was given any antibiotics or pain medicine after my procedure and i told them only 1 pain killer when I was discharged after my procedure.
Answer:
I think the literature supports the position that prophylactic antibiotics need to be given. Click here for an article that suggests this. The question will be whether the case is financially viable. The articles linked below discuss this in further detail.
Question:
Can I Sue? I was smashed it the stomach by a Pool table and called an ambulance, I was taken to the closest hospital and in the ER the ambulance EMT talked me into going to what they called fast track, As soon as I said ok the pulled the IV, took me off the stretcher and had me wait in the waiting room for 5 hours where I got so infected internally that I had to be rushed to a Trauma Center for emergency colon repair and colostomy, because of the infection, Can I Sue?
Answer:
Given the outcome, you certainly have reason to investigate a malpractice case. The issue will be whether timely intervention would have resulted in a different outcome.
Question:
What do I do if my hip replacement left me without walking properly? Cannot tie shoes, need cane of walker after 11 months. Please advise Richard.
Answer:
Depending on the length of the difference and why it exists, a leg length discrepancy following hip replacement surgery may be the result of medical malpractice. To know for sure, an attorney will have to secure the pertinent medical records and radiographic studies and have the films reviewed by an expert, if the records do not foreclose a cause of action.
Question:
Do I have medical malpractice lawsuit? I had liesions under my arm pit and small styes in my eye lids. Doctors removed from under my pit, and did blood test. I have another leision on my hand now, and doctor, cut open & cleaned out. Then checked my previous blood test. The hospital did not inform me previously, I have rare case of MRSA. That I now have had for over a year.
Answer:
If your blood or pathology cultures came back positive for a methicillin resistant staphylococcus aurous infection and you were never told this, and you were not placed on the appropriate antibiotics, and now you are dealing with additional problems related to that, you may have a viable medical malpractice case. To know for sure, an attorney will have to look at the pertinent medical records. Also, now that the infection has finally been diagnosed, if the care you are receiving cures it without further damage, there will be a question about whether the case is financially viable. Articles linked below discuss this issue in more detail.
Question:
I had congestive heart failure, earlier in the week I call the doctor. I ask the doctor to call in medicine for a cold or the flu. I told the nurse I was tire and had shortness of breath. I also told them I had a fever and they did nothing. That Sunday, I had a temper of 107 and had to be rush to the ER. In the ER they had to work on me, they said I had heart failure and pneumonia. Now i have to be treated for congestive heart failure.
Answer:
You have a difficult liability case. You either had concomitant medical problems or your pneumonia caused you to develop congestive heart failure. Shortness of breath is consistent with a cold, the flu and congestive heart failure, so when you called reporting those symptoms, it would not necessarily compel a diagnosis of one of them in particular. Finally, if you were ultimately diagnosed and treated for these issues, and you get better, there will be questions about whether the case is financially viable.
Question:
Can I sue a dental office for cutting half my lip when pulling my teeth? A dental office in Columbus Ohio went to pull my 4 wisdom teeth and put me to sleep; when I woke up I had a big cut in my lip they said it was by accident because my lip was numb.
Answer:
I do not think that you have a financially viable medical malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.
Question:
Do I need a lawyer? I was injured on the job and had 8 stitches. Was told by the doc that I needed exploratory surgery to see if any veins or nerves were damaged. Was told there was no damage and would take 4-6 weeks to heal. It's now been 5 months! I asked workers comp. for another doctor whom told me that now I have nerve damage and wants to do more surgery to repair. Scheduled for Nov. 7.
Answer:
Your question is a little thin on the facts, but I think overall, even if the first doctor's failure to diagnose and treat the nerve injury was negligent; the big question is whether the case is financially viable. Presumably the second physician believes that surgery may help you. If it does, the case might not be worth prosecuting. Articles linked below discuss this in more detail. I would deal with the medical issue, and when the dust settles if you are left with permanent problems, consult a lawyer then. Figure out when the statute of limitations bars a suit, and make sure you consult a lawyer well before then.
Question:
Do I have a case for medical malpractice? I've had the same primary care physician for at least 8 years who was treating me with a blood pressure/water pill combo for over 2 years. He did not check my potassium level and as a direct result I ended up being taken to the ER last month unable to even walk. I was dying when I got there (in renal failure) and was put in critical care for almost a week to get all the potassium put back into my body. The doctors told me that they had NEVER treated an individual with as low of potassium as mine that was still living. They had no instruments to even measure it. I have permanent damage to my kidneys (have to see a specialist now maybe for life) and a GI specialist. Their office contacted me right after I got out of the hospital and wanted the details (I think to see if I was at fault for any of it) and they have not contacted since. Do I have a case?
Answer:
It is well known that some diuretics can cause low potassium. Other diuretics do not. Assuming you were on diuretics that can expose you to that problem, it is hard to understand why you were not monitored for that potential complication through ordinary blood tests. Sings of low potassium include bloating, constipation abdominal pain, fatigue, cramps and spasms in the muscles. Therefore, if you ever reported these symptoms to your doctor, the index of suspicion for a potassium deficiency should have been high. 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.
Question:
Do I have a case when a doctor mistake caused me to lose my leg? An er doctor applied a compression bandage that caused my leg to explode when removed. Then it was done the 2nd time with the same results. A loss of job, a relocation and dependence on others followed almost a year’s worth of hospitalizations and 5 surgeries led up to 2 amputations of the same leg. I have a brief synopsis available that can be e-mailed.
Answer:
It is hard to tell you whether you have a viable malpractice case because you do not list allot of facts in your question. Compression bandaging is used for patients who have wounds due to venous insufficiency, but is contraindicated in patients with moderate to severe peripheral artery disease. These conditions can often co-exist, and problems develop when doctors assume a patient has a wound due to venous insufficiency when the condition is actually related to arterial insufficiency. Patients with abnormal ABIs or symptomatic peripheral artery disease and venous ulcers should be referred to a vascular specialist for evaluation and decision-making regarding wound care, since compression therapy in patients with significant PAD may cause complications.
Question:
My dad died from cancer and the hospital knew he had it and told no one. What can I do? He had cancer and the doctors knew it and told no one he could have been saved maybe if they had followed up on some test. I have all the paper work.
Answer:
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.
Question:
After a faulty stitch from Dr. He referred me to a plastic surg. due to the pain and pulling of the stitch.
Answer:
There is a lack of detail in your question so it is not possible to tell you whether you have a viable case. At face value, however, it appears you are going to have a problem with financial viability. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.
Question:
Surgical needle was left in my right hand. I had surgery done in 5/2008 on my right hand since then I been unable to close my hand, thinking all along it was my old age arteries kicking in to my shock and my medical doctor after my hand was hurting 4 days ago I went to have and x-ray behold the x-ray should a needle left in my hand is this a medical negligence the standard of care taken after my operation was no x-ray taken, the damage is behind explaining why the during the 3 mandatory count cannot account for all sponges ,needles and instruments no x-ray was taken to ensure things wasn't left I been living through hell and pain my right hand deformed times want cut off from the pain and tingling please advise me what should I do.
Answer:
That is medical malpractice. The statute of limitations is probably tolled until you discovered the problem. If the problem can be fixed through a simple surgery, there will be a question about whether the case is financially viable.
Question:
Is this ground for a malpractice lawsuit? I had an open appendectomy. Started having some issues after surgery. Informed the dr that something wasn't right had a lot of pain and discomfort. He kept saying it was part of the healing process. After 3 visits to his office a CT was finally ordered. He said CT was clean. Ended up back in the ER 6 days late. The ER pulled up medical records along with the last CT ordered and they found that the CT had showed there was infection. I had to have emergency surgery because of infection. Stayed 5 days in the hospital. Came home with 2 drain tubes in my abdomen, along with a pic line and had to have home healthcare come to my house.
Answer:
If the earlier CT scan showed evidence of a post-op infection, then you may have a case against the radiologist or the surgeon. Since you are actively undergoing care, there will be a question about whether the case is financially viable. If a short course of antibiotics cures the problem, I probably would not prosecute the case, but financial viability is a judgment call and different lawyers have different standards about that. The articles linked below explain this in more detail.
Question:
Do I still have the right to sue a doctor even though it has been 3 years since the surgery? On March 2010 i allowed a dr to perform surgery on my right ankle. I worked as a bus driver up to the day of the surgery. My leg never completely healed and he assured me that I would be walking 100 percent better after the surgery when in all actuality I ended up walking worse. I have not been able to work since and for 2 years I had no income. Now the Government has deemed me disabled and just a week ago another doctor had to perform the same surgery advising me that he had to undo everything that that doctor did because my foot was misplaced and was deforming as a result of it. Now i am recovering once again. The only reason it took me so long to get another opinion is because he stopped my disability by saying that i could work just not driving the bus and it took me this long to get approved for SSI.
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. If you were unaware that the first doctor performed negligent surgery because he mislead you into thinking that he did not, and you were only alerted to the malpractice by the second surgeon, you may have an argument that the SOL should be told. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.
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