Question:
Is it considered medical malpractice if my father was diagnosed with muscle inflammation when he really had metastatic disease? My father was experiencing severe pain in his whole body. In August, he visited an ER where he was diagnosed with muscle inflammation. He was prescribed muscle relaxers & given orders to see his primary physician. My father did not have insurance so the follow up was not made. In early October after still experiencing severe pain we took him to a low-income clinic were again the diagnosis was muscle inflammation. Both facilities took x-rays of his chest. I might add that this clinic also denied him low income insurance because he stated that he worked & made $500 a month in the month of June which is way below the income limits. My mom paid cash for these visits/x M rays. In late October, he visited another ER room because he had broken his arm (pathological fracture from the tumor). This hospital took x-rays of his arm & ordered further tests as the cancer was evident in the x-ray of just his arm. He was finally diagnosed in late October with metastatic disease. He passed away in early Dec.
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.
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.
Question:
Can I sue my Dr. for giving me more dose than he actually prescribed? The thing is my Dr. prescribed for a certain dose of medication which I am taking it at his office. When I get my bill it is for double dose of what he prescribes. This could be either they are over dosing me or charging me for what I have not received. My question is can I sue for either of the case. Thanks.
Answer:
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.
If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Nurse Practitioner changed the dosage of the wrong pill. I was taking high blood pressure and cholesterol meds. Through diet I was controlling my Cholesterol and weaning myself off of the pills. I explained this to the nurse practitioner and she said she would lower the dosage of my cholesterol pills. I received both of my new prescriptions and had them filled. Around two months later my heart rate excelled and my heart started adding beats. Come to find out they had changed the dosage of my heart meds not my cholesterol. After several heart monitors, stress test, specialist and many other tests, the Cardiologist informed me that the pill mistake would cause my heart to add the extra beats and put it in the distress it was in.
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.
Question:
My husband was diagnose with throat cancer and told it would not spread. He went through radiation and chemo for about 3 months after that the said it spread to lungs. He had a sore nose they told him it was a pimple to put hot compress on. Then about 3 weeks later they said he has a sinus infection and gave him antibiotics which gave him a sezious 2 hours later hospital final gave him a brain scan and now he has cancer in face and brain also.
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.
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.
Question:
Do I have a malpractice case? In 2011 my than 15 yr old daughter was brought to the ER presenting with minor facial tics, because was on risperdal she brought to the psych ward and admitted. her conditioned quickly deteriorated the psychiatrist called in the hospital's neural-doctor who advised him that her condition was not psych but neurological, he advised that she was either suffering from a brain tumor, early on-set hutting ton’s disease or a rare condition called PANDAS(pediatric auto-immune neuro-psychological disorder assoc with strep. he determined that she was showing def signs of Sydenham's chorea. he order a CAT Scan of the brain, and a blood tier work-up for high strep antibodies. they did the CAT scan but ignored the doctors request for blood labs because PANDAS is rare they ignored their neuron docs opinion and now she is chronically ill with a def diagnoses by another doc. there is so much more to this story. but they ruined her life her fine motor skills r gone and her brain is now damaged.
Answer:
You have reason to investigate a medical malpractice case given the outcome and the facts as you understand them.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
If you out of money for medical expert witness? I have an active medical malpractice case and have run out of money to proceed to pay the medical expert witness? If I dismiss the case, can I reopen again? I already have taken depositions from doctor, I am in the last step before trial where I have to provide medical expert report and my attorney says it will cost about 5000. I already have spent about 15000.
Answer:
You cannot dismiss the case and reopen again. When we take on a medical malpractice case, once the case goes into litigation, my firm covers expenses and then deduct the expenses from your recovery if and when that happens. As a practical matter I have never had to deal with this situation before.
Question:
Should I pursue this case? My wife was diagnosed with bilateral pulmonary embolism at a local area hospital. She was given a shot and placed on Coumadin and sent home from the ER. The next day her pain was so bad we had to take her to another hospital. We were told by that ER Dr that she should have been admitted to the hospital the night before on our original visit and treated. The Clots by this point had caused a pulmonary infarction which killed her lower left lung tissue. His direct words out of his mouth were "you need to understand something, you should have never been sent home in this condition, and do you understand what I'm telling you? You should have never gone home like this." so now we are dealing with her reduced lung capacity. She is only 25 years old and was healthy up to this point. They believe the blood clots were caused by her pregnancy. They also told us that she was Coumadin sensitive and that the other hospital head thinned her blood into dangerous levels and should've tested it b4 release.
Answer:
I think there are some situations in which a pulmonary embolism can be initially treated at the hospital and then the patient can be monitored as an outpatient, but obviously your circumstances did not fit that scenario given the outcome and what the subsequent treating doctors are telling you.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Can I file a malpractice claim? Back in September, I had my toe amputated. A day or so later I was doped up severely where I didn't understand the doctor and he didn't ask my family he ask me in a doped up state whether to remove part of my foot or my leg just before the knee make the choice and I don't remember any of this cause I was too out of it. If I would have been in my right senses I would of said no or part of the foot. Now I'm in a wheelchair no balance fall a lot waiting for a prosthesis which I rather am walking right now with a cane. So do I have a case or not.
Answer:
Informed consent cases are very difficult. I don't know what the law is in Ohio, but in New Jersey you have to prove that if a reasonable person was given additional information, a different option would have been selected. If you had a gangrenous toe, it is likely that the infection spread into your foot, and removal was necessary to preserve you leg, so most people would have opted for the surgery in those circumstances.
This is all speculation, and there may be facts in the records that I am not privy to. Loss of a limb is a serious problem, so you should talk to an attorney in your jurisdiction and fill him in on the details.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Malpractice (do I have a claim). Took granddaughter to Kaiser to have her checked out because she had something in her nose and a bad smell was coming from her mouth and nose. They exam her and said she had teeth to close together and food was stuck which caused the smell. I was not happy with that so I took her to Children’s Hospital the following day and they exam her and removed object from her nose and treated her infection.
Answer:
It sounds like the first hospital was negligent, but the one day delay in care likely did not make an impact on the outcome and so you probably do not have a financially viable medical malpractice case. The articles linked below discuss this in more detail.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
My eye doctor did so much laser surgery on my eyes years ago that it has made me blind.
Answer:
It is hard to know whether you have a viable malpractice case without the details of the treatment. If it was laser photocoagulation to repair or avoid a retinal detachment, a host of complications can occur in the absence of negligence that lead to a poor outcome. At the same time, we have successfully prosecuted cases on behalf of clients when a medical mistake did occur. If the laser was to correct a refractive error, you may also have a case.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
I was treated for acid reflux with prilosec for months and finally went to another doctor who said I had stage two diabetes. I was treated by my primary care for acid reflux for more than 3 months for frequent urination, dry mouth, extreme thirst I was prescribed prilosec and when after a time I wasn't any better I went back and the doctor said just keep taking the meds. I got sicker and went to the VA doctor who told me I had stage 2 diabetes. My blood sugar was 600 plus. I was immediately admitted to Winter Park Hospital on Dec 4 and released Dec 8. I am having to take insulin 4 times a day, my life has been turned upside down and I can barely control my emotions for the gross change of lifestyles that I will have to deal with for who knows how long.
Answer:
It sounds like you have reason to be suspicious about whether you received negligent care if you kept reporting back to the doctor indicating that the medicine was not working and he failed to investigate other possibilities. Nevertheless, the big question will be whether the case is financially viable because despite the delay, you probably would have had to be on long term insulin anyway. Articles linked below discuss the issue of financial viability in more detail.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Question:
Statute of limitations. The date of surgery was 1/10/2012 but the injury was not discovered until 3/28/2012 with testing on 4/16/2012 to confirm. Will this make a difference going by the Virginia State Tort Law Statute of Limitations (Two years from date of original injury or after injury was discovered).
Answer:
You need to ask a Virginia attorney this question because the law pertaining to the SOL varies from state to state, but most states have law that tolls the SOL under a "discovery rule."
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.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Question:
Can we file a claim for medical malpractice? I have been going to my Dr. since 2009 asking off and on for him to check a spot on my face to see if it was cancer. He kept giving me ointment saying "I know what that is" and it never healed, got quite large. Finally after it ulcerated he said I should see a dermatologist. By then it was biopsied at a stage 4 squamous cell carcinoma. I have just had Mohs surgery that has totally disfigured my face. I am very upset that this went on so long with the wrong diagnosis. Now I have a graft on my face that is large and hideous. The dermatologist said if I would have gotten in even 3 years earlier it wouldn't have been so severe and deep.
Answer:
You certainly have a case worth investigating. The question is whether Mohs surgery would have had to have been performed at the outset, and what the difference was given the delay. Sometimes Mohs is recommended even with early skin cancer simply because of the location and aggressiveness of the cancer. Obviously, however, a four year delay in treatment needs to be looked at.
If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have rights and a case? In April, I had a Breast augmentation and tummy tuck. My breast has bottomed out and I have what is called a dog ear on my hip from the tummy tuck procedure. The doctor told me to deal with it. I paid with cash in full. What are my options?
Answer:
The problem with plastic surgery cases in general is that nearly all doctors require patients to sign extensive informed consent paperwork that explains that the results from the surgery are not guaranteed. Under the circumstances, it is difficult to prevail in these cases. The debate usually centers on whether the results from surgery were within the range of reasonable rather than whether the defendant doctor was negligent.
Also, while jurors deny it, they give plastic surgeons the benefit of the doubt in these cases because jurors often conclude the plaintiff brought the problems on himself because of vanity. It is not necessarily a fair conclusion, but it is a big obstacle in these cases.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a case concerning misdiagnoses for my 10 month old son? When my son was born, the tip of his nose was white. The doctors said it was just cartilage and the skin would close around it with time. As time went on there was no change. I asked again and the doctor said that we would have to do a skin graph before he turned one. I asked again when he was six months old. At that visit the doctor we were seeing we hadn't seen since our hospital follow up appt. the doctor said it was a cyst and referred us to an ENT. Now we are having ct scans done to determine if this rare cyst is connected to his cranial bone. I'm just frustrated because the signs were there at birth and we are now figuring that this is serious. Either way surgery cannot be helped.
Answer:
If the delay in treating the cyst has made the second surgery more complicated or has taken a benign condition and made it harmful, then you may have a medical malpractice case. You should deal with the medical issues and then after the surgery is performed if you learn that faster intervention would have prevented what amounts to a permanent medical problem, contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Is a VA Hospital liable for what I believe was a botched procedure? My son was treated at a VA hospital and later transferred to another hospital to be treated for what they had done wrong. He died in the second hospital.
Answer:
If you have a viable medical malpractice case against the VA hospital, they are not immune by virtue of the fact that they are a VA 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.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have legal action against a chiropractor that during a first treatment resulted in my going to the ER? I was having back pain and visited a local chiropractor. He performed an x-ray and concluded it was just an inflamed disc. He then put me on a spinal decompression table for about one half of an hour. After trying to get up it resulted in my immediate transport (via ambulance) to the ER. After MRIs and 5 hours it showed I actually had ruptured discs as a result of spinal decompression. I missed two weeks of work and suffered many medical bills. Do I have any legal recourse or should I just say lesson learned?
Answer:
It is hard to tell you whether he breached accepted standards of care on the facts that you provided, but if you were taken out of his office by an ambulance then it sounds like he either (a) should not have been providing you with the kind of treatment that he did given the underlying condition, or (b) that his treatment might have actually caused the disc problems. Either way, if the damage was limited to two weeks of lost time from work, then the case is probably not 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.
Question:
What is the statute of limitation on medical negligence and injury? Negligence by nurse care was dropped twice by emits during transfer from hospital to hospital. Now have ongoing back n nerve damage.
Answer:
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
I found a pill in my food while I was staying in the hospital can I sue then?
Answer:
Presumably you didn't eat the pill after you found it in the food. Under the circumstances, it did not harm you. Therefore, you do not have a viable medical malpractice case.
Question:
My father has suffered some serious drug interactions, could we have a lawsuit on our hands? My father had to get a heart valve replacement a month ago. Before the valve replacement the dentist had to pull his teeth and gave him antibiotics. After the surgery he was placed on the drug warfarin. He was released from the hospital having his blood checked, INR levels, and every few days. It turned out his blood was way too thin so we had to rush him to the hospital. He spent a week in the hospital ended up with fluid on his heart; the doctor told me he had no clue why his blood was so thin. They got everything under control, and he was released. They put him on a new antibiotic before leaving him go to treat him for c. diff. they also increased his dose of blood thinner. He was having his blood levels checked again and his blood was way too thin again so we were advised to take him back to the ER. I have been doing research that has told me that the blood thinner and antibiotics can cause a very serious reaction, elevating the INR. Shouldn’t the doctor have been aware of this?
Answer:
Obviously, if you learned that the blood thinners and antibiotics could interact and make the blood thinners stronger, then your father's treating doctors should have figured this out before hand, and certainly after the first indication that there was a problem. If your father suffered no permanent harm as a result of these episodes, however, there will be questions about whether the case is financially viable. The articles below discuss this in more detail.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
I want to know about Injury or death from a defective pacemaker. Blood pressure records show when the minimum heart beat was adjusted upward; the pacemaker caused the heart beat to skyrocket, 20 + times faster than normal. Heart damage could result. When the adjustment was lowered, the heart beat returned to normal. As per Cardiologist, such adjustment should not have any reflection on any change in heart beats. If the higher heart beat continues, it would seem obvious the heart itself, would be damaged, thus the life expectancy would deteriorate rapidly, especially in a 78 year old person.
Answer:
If you can prove you have a defective pacemaker, then you may have a products liability case, although the advanced age of the patient will raise questions about whether the case is financially viable. The articles listed below discuss this in more detail.
If you do want to investigate pursuing the case, you should contact a local medical malpractice/products liability attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
I was severely burned from radiation treatment and I was told that I would only get sunburn, what can I do? Severely burned and skin pilling, radiation treatment had to be stopped.
Answer:
It sounds like you received an excessive dose of radiation therapy, but the question is whether it will leave you with a permanent injury or whether it will impact your treatment in a material way. If it does not, you will not have a financially viable medical malpractice claim.
If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a lawsuit? On January 28th 2013 my dentist took out all four wisdom teeth of mine and ever since then I still have no feeling on the bottom right side of my mouth. It has drastically changed my life. I have trouble eating and my smile is not the same. It affects me day in and day out. I have become depressed over it and I don't know what to do.
Answer:
Injury to the trigeminal nerve during wisdom tooth extraction is usually considered an excepted complication of the procedure. To know for sure, an attorney would have to review the medical records.
Know that there is about a six month window of opportunity to try and fix these injuries, so get a referral to a neurologist as soon as possible.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Is it malpractice if your surgeon operates at the wrong level? I had surgery on the 28th of October 2013 before being released the next day the surgeon came in and told me and my family he made a mistake and doing something accidently taking out the wrong cervical disc so now instead of three discs removed I have four.
Answer:
That is obviously medical malpractice. Wrong site surgery is a never event. The question is whether this will leave you with permanent harm and whether the case is financially viable.
Click here for an article discussing never events. Articles linked below discuss financial viability.
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:
I believe a missed or incomplete diagnosis may have resulted in the death of my twin sister. I believe a missed or incomplete diagnosis may have resulted in the death of my twin sister who was taken to the emergency room after becoming ill to the point of not being able to walk without assistance, the doctor who saw her diagnosed her with an urinary tract infection and sent her home, she died 5 days later.
Answer:
You would not ordinarily expect someone to pass away from a urinary tract infection if they timely obtained medical care; you have reason to be suspicious. To know whether the case is viable, an attorney is going to have to look at the pertinent medical records.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a medical malpractice lawsuit against my son's doctor? Someone put an eraser in my son's ear; I took him to a pediatric care facility. The doctor attempted to get it out with some tweezers, but was unsuccessful, so she used something like a scraper. She ended up scraped the inner ear causing it to bleed heavily. After 3 visits to an ENT, they had to surgically remove it because his ear was so inflamed he couldn't deal with the pain of them trying to get it out. This was about 2 months ago, and he still has pain because it still has a scar in his ear.
Answer:
I am not sure how you are going to prove that the problem with the eraser was due to the pediatrician's attempt to remove it rather than the whatever occurred to lodge it in there in the first place. The fact that it took three visits to an ENT and a subsequent surgery to deal with the problem suggests that it was a difficult problem. Finally, even assuming you can somehow prove that your pediatrician exacerbated the problem, if the eraser has been removed and your son has suffered no permanent harm, you probably do not have a financially viable case. This is explained in the articles linked below.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Wife died from brain tumor not being treated correctly do I have a case she went to a doctor for years complaining about having really bad head ache and all he did was prescribe ibuprofen for years never sending her to get a CAT scan or any other test to find out what was actually wrong with her could someone please give me a call so I could better explain my situation because as you can see I can’t spell very good and have a harder time typing my name is Steve and my cell number is 979 997 2857.
Answer:
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Dr. was not honest about husband’s cancer diagnosis. My husband passed away on Nov 1st of this year of Lung Cancer. He was diagnosed in 2011. For the first 9 months of treatment he did very well, or so we thought, because his tumor had shrunk so small you could barely see it on an x-ray. What the Dr. failed to tell us was that it had reached his lymph nodes. After 9 months he started going downhill and was put on a different chemo, but he continued to get worse and worse. We decided to move out of state and talked to his Oncologist about it and he ok'd it, (even though it would delay him starting a new chemotherapy) and referred us to an Oncologist near where we would live. He also told us the results of some x-rays and a CAT scan my husband had several days earlier. He said my husband's tumor was growing. He never said anything else. So, we moved a couple weeks later. We decided to go to The Cancer Treatment Centers of America and we were told there, that my husband’s cancer had spread to his stomach, his liver and his lymph nodes.
Answer:
I am sorry for your loss.
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.
Question:
I got bit by a dog. Dog owner refused to pay for hospital bill. I got bit by a dog a couple months ago. He bit me on my hip and my arm. It was a pit-bull so it was very painful. The owner said he would pay for the bill but he never did. Now they're sending it to collections agency because I don't have the money to pay for it. What should I do?
Answer:
You may have a cause of action against the owner of the dog, and if he owns his home you might be in a position to make a claim against his homeowner's insurance policy.
Question:
Need to replace personal injury lawyer. Fell down step fractured ankle
Answer:
You have a right to replace your lawyer. Contact the attorney you are replacing him with, and he will make arrangements to get your file.
Question:
Do I have a case? I had an ultra sound on the 3rd of October to check on baby. Due date is the 5th. The Dr. said the ultra sound looked good and to come in Monday. On the 5th I realize he hasn’t moved in a while and I couldn’t get him to move so I called the on call dr. she said go to the ER. NO HEART beat...did they miss something?
Answer:
The question is whether there were signs in the ultrasound or your exam that should have led to the conclusion that the baby was in danger. To know the answer to that question, an attorney would have to look at the medical records and possibly the ultrasound study and determine what the doctors are saying the cause of death was.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Can I sue my former cardiologist for not doing anything about a "dead" toe that had no circulation and was rotting? I had a blockage in my right leg last year that my cardiologist opened with a stent. I told him I was having a problem with one of my toes on my right foot, it was cold, getting dark in color and wouldn't move. He did not check it nor had anyone else look at it. I was sent home and spent 3 days being sicker than I ever had been. I went to see my primary Dr. and he put me back in the hospital that afternoon. It turned out that the toe had no circulation in, was rotting on my foot and I had a massive infection in my leg, and the toe was amputated. My cardiologist stopped in my hospital room and asked me "if I fired him for not doing anything about my toe". In November 2012 I again was in the hospital and had my right leg amputated due to a massive infection in the bones of my right leg and it was most likely from the earlier infection from my toe. Do I have a case for malpractice against my former cardiologist?
Answer:
It certainly should have been addressed; by the question will be whether earlier intervention would have changed the outcome. To know the answer to that question, an attorney will have to review the medical records or run them by an expert.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Is there evidence of Medical Malpractice? My souse has been seeing the same doctors since we were married in 1992. . His chief complaint was back and side pain. In Feb 2013 he was diagnosed with Stage 4 Inoperable Lung cancer. He was seen every six months for blood work and prescriptions. I think the cancer should have been detected as it has spread to his spine. I don't think he was treated properly or diagnosed properly.
Answer:
It is hard to tell you whether you have a case based on the facts that you provided. Back and side pain is not the symptoms you would normally associate with advanced lung cancer. If your question is whether they should have detected the cancer before it spread to his spine, I think an expert would tell you that it would be impossible to prevent the spread of Stage 4 lung cancer to the spine.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
What recourse do I have after a Dr. completely botched a knee replacement? The new knee was supposed to be custom made, it is too big. My knee is set at a bad angle 11.5% interior angle! The bottom half of my leg is rotated counter clockwise and there is a gap between my bone and the prosthesis. Two Dr. has verified this information. I will need to have a complete redo.
Answer:
It sounds like you have reason to suspect that you received negligent medical care in as much as the subsequent treating physicians are essentially telling you this. The big question will be whether the re-do surgery fixes the problems. If it does, you may not have a financially viable case.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a case if my significant other was ready to give birth, checked by the on call? Dr. and sent home for another week, crying in pain, only to give birth an hour later on the bathroom floor? The bloody site was horrifying for 3 small children, scared for their mother. Now they won’t give us birth records because the baby wasn't born at that hospital, but would have been had the Dr, not made a bad call, prior to the emergency delivery. We are all devastated by this event.
Answer:
It sounds like you have good reason to suspect that your wife received negligent care, but if everyone is healthy today, you probably do not have a financially viable medical malpractice case. The articles 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. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Can you sue a hospital or doctor for getting the MRSA virus while being operated on for a spinal fusion? Two years ago, I was giving a spinal fusion. I contracted the MRSA virus during the procedure. I was on medication for 6 weeks and taken off the medication. Two months later, I got the MRSA virus back and was given a port to receive the same medication for 8 more weeks. Since then, I have learned that I should never have been taken off the medication by the Surgeon until the Infectious disease Dr. did tests to make sure the virus was out of my system. At the time the Infectious disease Dr. was leaving the hospital for a position elsewhere. She did no further testing and released me. Two months later, I got the MSRA virus back badly enough that I could have died. I am still having trouble with my back because the fusion is not healing. I am now taking hormone shots and had to purchase a bone stimulating machine to try to heal the fusion before having another surgery. I believe the MRSA is why my bones no longer want to heal as I have had three other discs fused with no healing issues.
Answer:
You should have an attorney review the medical records because it sounds like you have reason to suspect that you received incomplete care from the infections disease doctor who you treated with. It goes without saying that you cannot take a cavalier approach to a MRSA infection in the spine.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
If someone who goes to the hospital due to infection and gets sent home while still having the infection and dies from it can the family sue? My dad died last month from an infection. He went to the local hospital about the middle of last month due to an infection in his legs and he stayed there a few days and then they released him. A couple of days later he worsened and we sent him to the VA hospital but the infection had reached his heart and he died at the end of the month. If he stayed in the hospital before he wouldn't have died so can we (his family) sue the hospital?
Answer:
You may have a viable wrongful death case, but to know for sure an attorney will have to obtain and review all of the pertinent medical records. The big question will be whether different treatment would have prevented the outcome.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a medical malpractice case? In September of 2009, I went to a dermatologist a pointed to a spot on the left side of my nose and asked if it was cancer. He sated it was not it was an overactive oil gland. He then took skin from the right side of my nose and my right wrist. 2 years later that overactive oil gland started to bleed. I went back to the doctor. Turns out it was cancer. I have lost lower left side of my nose.
Answer:
Obviously you have reason to suspect that you received negligent care if the doctor was biopsying everything around the cancer but not investigating that spot. The big question is whether the statuete of limitations has run.
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.
Question:
Gauze left inside my wife! My wife gave birth to our first child last month. For about a week my wife was complaining extreme pain. Since we are first time parents, we attributed the pain as normal due to child birth. Exactly a week after giving birth we went to see her OB/Gyn. The doctor then found gauze that was left inside of her!! Now she feels much better and since then the OB/GYN reported to the hospital and now there is an internal investigation regarding the matter. Do we have a case? What should we do/not do?
Answer:
Retained foreign objects following surgery are “never events” which are medical mistakes that Medicare, Medicaid and some insurance companies have concluded should no longer happen. When a mistake is labeled a “never event” Medicare, Medicaid and insurance companies will not reimburse medical providers for care that is rendered necessary as a result of such mistakes.
If you have a retained foreign body following a surgery, you were the victim of medical malpractice. If no lasting damage is done and a second procedure will remedy the problem entirely, there will be a question about whether the case is financially viable, because the damages may not be sufficient to support the time and expense of a malpractice litigation.
If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Question:
Does tendonitis caused by misplaced hip implant qualify as Medical Malpractice? I had THR 1 year and 9 months ago and have been diagnosed with hip flexor tendonitis due to misplaced implant. I may have to have revision surgery soon.
Answer:
It sounds like you have reason to be suspicious if you have been told that the tendonitis is due to a misplaced implant. If the second surgery will cure the problem, there may be questions about whether the case is financially viable. Finally, you need to act quickly because depending on state law, you may have a statute of limitations problem to contend with.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
My bladder was accidentally punctured during hysterectomy. Can I sue?
Answer:
It is hard to answer your question definitively without looking at the records and determining why your bladder was injured. Generally speaking, because the initial incision during a hysterectomy is a "blind incision" when the bladder is injured during the initial incision is deemed an accepted complication of the procedure. Sometimes the bladder can be injured during the insertion of surgical staples. That is a potentially viable claim. Finally, if a surgeon fails to recognize the injury, and you have to undergo another procedure to fix the problem that should have been recognized in the first surgery, you may have a case. In this last scenario, however, there will be questions about whether the case is financially viable.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
How can I get a good lawyer on this medical malpractice case?
Answer:
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a case? My arthritis doctor had me on prednisone daily for about three years. Subsequently I developed Osteoporosis, cataracts, disk compression, knee replacements, severe arthritis in my neck & spine. I can barely walk. I am 56 years old & my body functions like an 80-90 year old woman. How much compensation am I entitled to?
Answer:
Osteoporosis is a known complication from Prednisone use, but the question is whether your current condition was the result of your doctor prescribing the medication in a way that failed to comport with accepted standards of medical care. Sometimes doctors have to prescribe drugs that are potentially dangerous to deal with a more immediate threat that will have more dire consequences.
You might have an informed consent case, but to prevail you will have to prove that if the doctor told you about the possibility of this complication, you would have refused to use the medication, so the viability of your informed consent case is going to rest in part on why you needed to be put on Prednisone.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Do I have a case? In March 2012, I went to the ER because I was urinating blood. Had a follow up and more tests done by a specialist was told it was from enlarged prostate, on November 12th, 2013, I went back to ER for pain in my lower areas and the found a tumor on my bladder that was found on my bladder but never reported to me ever from 2012. So it was there in 2012 but nothing ever said to me about the drs this time compared the tumor from last year and it has grown in size, possibly cancerous. I'm scared and very angry.
Answer:
Obviously, you have reason to be suspicious given the disclosure of the existence of the tumor in 2013. To know whether you have a viable medical malpractice case, an attorney will have to look at the records from the treating doctors to determine if there was evidence that should have lead to a more thorough workup in 2012.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
What kind of lawyer do I need for spinal cord injury? What kind of lawyer do I need for spinal cord injury caused by handing equipment to spy on me?
Answer:
It’s not clear how you injured yourself. If you provide more information about that, I can try to answer your question.
Question:
Can a personal Injury suit be brought if the injuries did not require hospitalization? While driving in the slow lane on the GSP I was hit from behind by a car moving at 90+ mph. My car spun several times, hit a divider and stopped. I hit my head, neck and shoulders on the side of the car. (The other driver fled his car and ran away - he has been caught. I don't know yet if he was drunk). I went to the doctor, but did not need the hospital.
Answer:
You do not have to go to the hospital to maintain a personal injury claim, but depending on the kind of coverage you elected on your policy, you may be subject to the verbal threshold, which requires an injury of a baseline level of significance.
If you are injured and seeking continuing care, you should consider talking to 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. Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select 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.
Question:
Can I get any kind of compensation as a result of being told by my OB/GYN that I was pregnant when I was not? I took a urine test at the doctor's office: doctor said it was positive. Extremely unlikely to get a false positive. Told me blood results would take one day. Doctor did not have blood results next day. I am 19 & was only about a month away from leaving home for college Emotional distress claim?
Answer:
You cannot sue a doctor because you experienced a false positive pregnancy test. Extremely likely is not the equivalent of impossible, so any claim that you were misled is not supportable. Beyond that, you suffered no significant harm from the test result, so the case is not financially viable. The articles linked below explain this in more detail.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
Medical Malpractice: 9 month old baby feeding tube misplaced into colon. 9 month old daughter received straight forward surgery to put Peg Tube (Gtube) into stomach. It was placed incorrectly (tube went through her colon into stomach). For 3 months, did not cause issues. When doctor switched Peg Tube to Mic-Key (smaller Gtube), it was incorrectly placed into colon. After Mic-key placement, x-ray was done to check if it was placed in stomach. Radiologist thought it was in stomach and sent us home. Damages: -daughter on continuous feeding for 1 month, preventing many activities because waiting for colon hole to heal -constant diarrhea and no nutrition for 2 weeks -dehydration, lost weight, 3 hospital stays -additional future surgery, anesthesia and x-ray exposure -further delay in development and other planned treatments for other issues -caused parents emotional pain, loss time, and earning capabilities due to extra care, doctor visits, hospital stays. Doctor said this is rare complication. Doctor and radiologist did not discover this in time. Should we sue?
Answer:
The entire purpose of the x-ray is to insure position, so it sounds like someone made a mistake. Despite this, I do not think you have a financially viable case if there were no long term health consequences. That said, a problem with evaluating any malpractice case involving an infant is that it is very hard to determine the impact of a medical mistaken a baby. You have to look at milestone markers and try to determine whether there is a developmental issue. If there is, you then have to determine whether the negligence is the cause of it, or whether something else is responsible for the problems.
I would suggest that you deal with the immediate medical issues, and see how things play out over time. Usually the statute of limitations is tolled for minors, but to know for sure about that issue you should contact a malpractice attorney in your state and run the facts by him.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
I had a lung collapse after my lung biopsy. I have multiple lung nodules had a lung biopsy. Later that day I noticed I couldn't breathe went urgent care the doctor took x-rays saw my collapse lung put me on o2. I was sent home. I called the on call nurse was told either come in urgent care or er I went to the er they taken more x-rays and admitted me the hospital for 2 days the doctor told me my lung collapse no need for tube in my lung and was told it will go away in its own in time.
Answer:
I don't know whether a lung collapse following a biopsy is an accepted complication of the procedure, but clearly if the prognosis you have been given is correct, you do not have a financially viable malpractice case. The articles below discuss this in more detail.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Question:
How long do I have to file a lawsuit against a hospital? My mother went to the hospital last November for a bowel obstruction and is now on a ventilator. She almost died twice in the ER at the same hospital. I believe the first instance created complications which resulted in her being on a vent.
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.
Question:
Surgery wasn't performed. My previous urologist performed a prostate operation called a TURP 2/9/2012 @ Edward White Hospital in St Petersburg, FL. I was disappointed that the problem of frequent urination and being able to empty my bladder wasn't solved. My current urologist found my bladder was retaining about 200cc's. He went in with a camera and found that none of the tissue that was supposed to have been removed was still there. The operation apparently wasn't done. He will photograph the condition of my prostate before he performs a TURP which is still necessary.
Answer:
If you can prove that the first surgeon actually did not perform surgery, then obviously you have a medical malpractice case. The caution is that subsequent treating doctors often overstate the bad things that happened before they became involved in the case to patients, but when pressed in depositions, they do not stand their ground. Also, there will be questions about whether the case if financially viable.
Question:
My husband was diagnosed with whiplash when his neck was broken. We went to an urgent care in Maui after a neck injury on vacation. When we returned home and went to the ER, it was discovered his neck was broken which was 4 days later. I called the urgent care back the next day’s explaining he was in extreme pain & could we have pain medication for him to be able to fly home and they said no. I then had him do a deep tissue massage on the day we left to give him some relief to be able to fly home. The neurosurgeon we saw at the ER said it was a miracle he was not paralyzed. I asked the Urgent Care to refund my cost of the misdiagnosed visit but they will not return my calls. (We went to our local ER and he was immediately sent to our local University hospital to see a neurosurgeon.) His C3 vertebra is broken.
Answer:
It may have been medical malpractice for failure to diagnose the fracture, but the big question is whether the case is financially viable. The articles below discuss this in more detail.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
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