Latest Questions and Answers - July and August 2014

Here are the latest answers to the questions that were posted online. Please note that I do not edit the questions.

Question.

How do I go about finding an attorney that will represent my father’s medical issue? He resides in Florida, but transplant was in Tennessee. Since he had his kidney transplant he’s been having complications and hasn’t been treated the right way. We have been trying to resolve this matter the right way and it seems almost impossible. We need immediate assistance for our father.

Answer.

I have no idea whether you have a viable malpractice case because you didn’t provide enough information about the complications your father has been experiencing. Nevertheless, if you want to hire an attorney to investigate a case you’re going to have to hire someone in Tennessee. Attorneys take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. 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 had upper abdomen pains. Could not move, was nauseaed, became very hot, started sweatting alot, pain went to into back. Went to ER, spoke to a nurse they gave me some malox with a pain killer in it. I also took a chest xray and a ekg and then was released. I was told that I had gas. I never saw a doctor. 2 months later went to a different ER for same thing and was told that I had to have surgery very soon. I had a golf ball size gall stone. Do I have some kind of case against the 1st ER and doctors.

Answer.

The usual presentation of a patient who was suffering from gallstones include symptoms of pain in the upper abdomen and upper back, nausea, vomiting, bloating, indigestion, heartburn, and gas. So, gallstones should have been in the differential diagnosis of the physicians. I think the real question in the case is whether it is financially viable because presumably you would’ve needed surgery if the diagnosis was earler. Consequently, assuming there was no permanent harm the damages in the case amount to two months of pain and suffering. I wouldn’t take on a case like that, but financial viability is a judgment call. The articles 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.

Patient Safety in the News July and August 2014

Jessica Firger, for CBS News,  on increased reports of West Nile Virus in western, central and southern states. Early signs and symptoms of the disease include fever, headaches, body aches, joint pains, vomiting, diarrhea and rash.

Robert Preidt, for CBS News,an article appearing in BMJ that concluded that light to moderate alcohol consumption can result in heart damage.

Nicholas Bakalar, for the NYT, on a study appearing in the journal Circulation that calls into question the necessity of fasting before undergoing blood lipid tests.

Nicholas Bakalar, for the NYT, an article appearing on Obstetrics and Gynecology that concluded that sutures are safer than staples when closing incisions following cesarean sections.

Robert Preidt, for CBS News,study at Harvard which suggested that vasectomies can increase the risk of fatal prostate cancer.

Liz Szabo, with USA Today, that the child “Mississippi baby” previously diagnosed as cured of HIV by the NEJM, was found to have a return of the disease.