Alabama Medical Malpractice Legal Questions

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28 legal questions have been posted about medical malpractice by real users in Alabama. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
Alabama Medical Malpractice Questions & Legal Answers
Do you have any Alabama Medical Malpractice questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 28 previously answered Alabama Medical Malpractice questions.

Recent Legal Answers

Do I have a mal practice case?

Answered 6 years and 9 months ago by attorney Joseph E. Stott   |   1 Answer   |  Legal Topics: Medical Malpractice
You have a potential claim, but it would depend greatly on the content of your medical records.  You need to request a copy of the records and get them to an attorney to review.
You have a potential claim, but it would depend greatly on the content of your medical records.  You need to request a copy of the records and... Read More

drug store did not warned of effects and she was hospitalized

Answered 10 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You should contact a medical malpractice lawyer. This is a known phenomenon. Click here for an article published in 2004 warning against the interaction. Essentially, Ciprofloxacin can slow down how quickly your liver processes tizanidine, and this can lead to over-concentration of the medication.  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. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.   ... Read More
You should contact a medical malpractice lawyer. This is a known phenomenon. Click here for an article published in 2004 warning against the... Read More

do i have a wrongful death claim in alabama

Answered 11 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Blood clots can occur in the absence of negligence, but if your husband had a known propensity to clot (for example if he was on anticoagulants before the surgery) then it is possible that he was inadequately bridged prior to the spine surgery. If that is the case, you may have a medical malpractice case, although there will be challenging issues on causation. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More
Blood clots can occur in the absence of negligence, but if your husband had a known propensity to clot (for example if he was on anticoagulants... Read More

do i have to be represented by attorney in my state

Answered 12 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
First, there is reason to question whether the dosage of the insulin was off. Second, the the response as you describe it sounds negligent as well.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.     Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More
First, there is reason to question whether the dosage of the insulin was off. Second, the the response as you describe it sounds negligent as... Read More

Can a physician be liable for accidentally tearing your bladder during surgery?

Answered 12 years and 3 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Hi.  I am sorry to hear about your sister.  I recommend that your sister request the medical records related to the hysterectomy and and other doctor's appointments she has had since the hysterectomy related to the bladder being cut.  She should not have a problem obtaining these records.  However, most places do charge for copies of records and it will likely take a few weeks to a month to obtain them.  At the least, I would go ahead and request the records from the hysterectomy and the appointment when she was informed her bladder no longer works.  I would also start contacting attorneys in her local area.  She will need to find an attorney who handles medical malpractice claims in the state where the hysterectomy was performed. Any attorney in the state will do that handles those claims, however, it might be more convenient for her if it is someone who is nearby.   Most attorneys provide free consultations and they will likely want to review her medical records related to this.  Tell the attorney that she has requested some of the records and would like to meet to discuss the potential case.   Hopefully you can find an attorney who will review her records and the facts in depth and provide some feedback. I will state that medical malpractice cases are very difficult and also very expensive and time consuming to pursue.  However, I think it is worth her while to attempt to find an attorney to give the case an in depth review to see if it is something worth pursuing further.  Best of luck.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney client privilege exists or is formed by this response. ... Read More
Hi.  I am sorry to hear about your sister.  I recommend that your sister request the medical records related to the hysterectomy and... Read More

Do I have legal action against a chiropracter that during a first treatment resulted in my going to the ER?

Answered 12 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
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... Read More

Can I sue my former cardiologist for not doing anything about a "dead" toe that had no circulation and was rotting?

Answered 12 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More
It certainly should have been addressed, by the question will be whether earlier intervention would have changed the outcome. To know the answer to... Read More

Is there a case if medical equipment was left in your body after surgical procedure?

Answered 12 years and 4 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I recommend you contact a local attorney in your area who handles medical malpractice cases.  The attorney will need additional details from you and might ask you to provide him/her with your medical records.   It is difficult for me to give you more specific information at this time as it would depend on when the tube was put in, when the tube was removed, who removed it, who you think was at fault and what damage the tube caused.   I think that a personal consultation with an attorney would be helpful.  Best of luck.  NOTE: This response is general in nature and should not be considered legal advice.  No attorney client relationship exists or is formed by this response.... Read More
I recommend you contact a local attorney in your area who handles medical malpractice cases.  The attorney will need additional details from you... Read More

Do I have a case when a doctor mistake caused me to lose my leg?

Answered 12 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.   Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.   ... Read More
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... Read More

How are damages determined in a wrongful death case in Alabama?

Answered 12 years and 7 months ago by Mr. John Michael Phillips (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
n Alabama, the only damages that may be recovered for wrongful death are punitive damages. These damages are intended to punish the wrongdoer and deter others from similar conduct in the future.  No compensatory damages are recoverable for wrongful death.
n Alabama, the only damages that may be recovered for wrongful death are punitive damages. These damages are intended to punish the wrongdoer and... Read More

during my thyroid removal my vocal nerve was damaged and now i can hardly talk is it considered malpractice

Answered 12 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like you have a case worth investigating. Click here and here for two articles that discuss these laryngeal nerve injuries during surgery in general, and injuries during thyroid surgery in particular. These kinds of injuries are often the basis of medical malpractice lawsuits.  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.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
It sounds like you have a case worth investigating. Click here and here for two articles that discuss these laryngeal nerve injuries during surgery... Read More

Knee

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. ... Read More
Retained foreign objects following surgery are “never events” which are medical mistakes that Medicare, Medicaid and some insurance... Read More

how do i start a suit against a hospital

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like you have good reason to suspect that your mother received substandard medical care. Depending on her age and her underlying health problems, however, there may be a question about whether the case is financially viable. See the articles below which discuss this issue in more detail. At this stage of things your mother is still under active care and you do not know the outcome. As a result, you do not know the extent of damages, or whether possible mistakes were consequential.  Deal with the medical issues that you are facing, and then when the dust settles, if you want to investigate a malpractice case, contact an attorney. Statutes of limitations vary among states, so you have to be vigilant, but a lawyer cannot begin investigating a case while you mom is still admitted to the hospital. To investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
It sounds like you have good reason to suspect that your mother received substandard medical care. Depending on her age and her underlying health... Read More

how do i start a suit against a hospital

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like you have good reason to suspect that your mother received substandard medical care. Depending on her age and her underlying health problems, however, there may be a question about whether the case is financially viable. See the articles below which discuss this issue in more detail. At this stage of things your mother is still under active care and you do not know the outcome. As a result, you do not know the extent of damages, or whether possible mistakes were consequential.  Deal with the medical issues that you are facing, and then when the dust settles, if you want to investigate a malpractice case, contact an attorney. Statutes of limitations vary among states, so you have to be vigilant, but a lawyer cannot begin investigating a case while you mom is still admitted to the hospital.   To investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
It sounds like you have good reason to suspect that your mother received substandard medical care. Depending on her age and her underlying health... Read More

can i file law suit

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Obviously with a complete loss of vision you have reason to suspect that you received negligent care. I would need more facts to be in a position to tell you more. It could be an injury to the optic nerve. It could be the result of other complications.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read More
Obviously with a complete loss of vision you have reason to suspect that you received negligent care. I would need more facts to be in a position to... Read More

my wife had a port put in for iron infusion treatment. she had it done in MS. three months later we are in RI where she had to have another put in.

Answered 13 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Your wife probably received negligent care, but you probably do not have a financially viable case because the damages were cured. The articles below discuss the issue of 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. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
Your wife probably received negligent care, but you probably do not have a financially viable case because the damages were cured. The articles below... Read More

I was giving a drug that had a drug in it that i'm allergic too

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More
Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting... Read More

Do I have a case?

Answered 13 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is certainly possible that the doctor injured a nerve while performing the epidural. The diagnostic test you should have performed is an EMG, which will give a better indication of whether you have nerve damage. If you confirm that you have nerve damage following an EMG, then you should investigate a medical malpractice case.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
It is certainly possible that the doctor injured a nerve while performing the epidural. The diagnostic test you should have performed is an EMG,... Read More

i have a paralized vocal cord resulting from a neck surgery to fix a herniated disc do i have a case

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like the surgeon damaged the recurrent laryngeal nerve. Click here for an article that suggests the way that this can happen. That article seems to suggest that this complication is avoidable, although you will find other articles that suggest that it is a risk inherent in the procedure.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read More
It sounds like the surgeon damaged the recurrent laryngeal nerve. Click here for an article that suggests the way that this can... Read More

HOW DO I HANDLE A SITUATION WHERE I WAS PRESCIBED ONE MEDICATION BY MY DOCTOR, WHEN I TOOK IT TO THE PHARMACY THEY GAVE ME THE WRONG MEDICINE.

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Obviously, it was negligent for the pharmacy to dispense the wrong medicine. Nevertheless, if the hypertension medicine did not cause lasting harm, you likely do not have a financially viable medical malpractice case. If the medication did cause you significant harm, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability, which is the problem with your claim. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More
Obviously, it was negligent for the pharmacy to dispense the wrong medicine. Nevertheless, if the hypertension medicine did not cause lasting harm,... Read More

My husband had stints put in 3 times by one set of doctors. They did no good at all. He recently went to another doctor who actually fixed problem

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Although the results from the stenting procedures were not what you expected, that does not necessarily mean that the doctors performing those procedures were negligent. An attorney would need to obtain your husband's records and review them to get a better idea whether you have a viable case.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
Although the results from the stenting procedures were not what you expected, that does not necessarily mean that the doctors performing those... Read More

I had a back surgery on the 24th of april of 2012 i have had no feeling in my right leg and foot since then. i cant walk without falling at times

Answered 13 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like a nerve was injured during the surgery, which may have been due to negligence. You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read More
It sounds like a nerve was injured during the surgery, which may have been due to negligence. You should contact a local medical malpractice... Read More

How would I go about finding out if it is medical malpractice, if I got pregnant after having my tubes tied and got pregnant?

Answered 13 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You should a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office.  The question will be whether you have a financially viable case. If you give birth, you may have a cause of action for wrongful life, but that depends on whether your state allows such a cause action. Most states do not. If Alabama does not allow a wrongful life case, or they do and you terminated the pregnancy the damages in the case will be limited to the pain and suffering associated with the costs of the terminating/carrying the pregnancy. In my view, I would question whether the case was financially viable under these circumstances.  Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This article discusses the issue of financial viability.  Click here for an article that explains what you can expect when filing a medical malpractice case.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com  ... Read More
You should a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they... Read More

Cervical surgery 10 weeks ago... RLN (nerve) damaged in neck. Can''t speak, aspirate easily, can''t swallow well.

Answered 13 years and 8 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about this.  I think you should start contacting local medical malpractice attorneys in your area.  You should also go ahead and request  your medical records from this procedure and any follow-up visits or treatments related to this procedure.  Also, you should consider getting an opinion from another doctor about how/why this happened and if they think it can be repaired.  These cases are very difficult and that is because most state laws make it difficult to sue a doctor or other health-care provider.  But, they are not impossible so you should take these steps and start trying to get a consultation with an attorney in your area (most are free). The attorney will probably want to review the medical records.  These cases are very fact-specific so I can't give you further information without all the facts and records.  I hope this information helps. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.... Read More
I am sorry to hear about this.  I think you should start contacting local medical malpractice attorneys in your area.  You should also go... Read More

I need to file a medical malpractice lawsuit in Alabama, because the hospital did not diagnose my spinal cord injury.

Answered 13 years and 9 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It depends on how the language is described in your state's statute.  Interpreting the statute regarding a limitations period is very dependent on the specific facts of each case, and thus, I do not feel I have enough information to answer your question fully. To be safe, you should probably assume it is when you were last seen at the hospital and misdiagnosed as this is when the "harm" occurred.  I do recommend that you seek the advice of an attorney on this.  Medical malpractice suits are extremely difficult and have lots of requirements, like the hiring of an expert witness (sometimes before a suit is even filed) and I do not recommend attempting to pursue one pro se (without an attorney).  In addition, these cases are very expensive.  The hiring of an expert witness can cost thousands of dollars, plus there are numerous other expenses.  Most attorneys who handle malpractice cases will do so on a contigency fee basis, meaning that they do not get paid unless you win your case, and if  you don't win your case, then you do not owe the attorney anything.  Best of luck! NOTE: This response is general in nature and should be considered legal advice.  No attorney-relationship exists or is formed by this information.  ... Read More
It depends on how the language is described in your state's statute.  Interpreting the statute regarding a limitations period is very dependent... Read More