Arkansas Medical Malpractice Legal Questions

Hi Mr. Hoover, It appears you are looking to help your friend consult with an attorney that is experienced with medical malpractice for the possibly negligent implementation of a device for urinary incontinence, like Interstim. Not all bad outcomes indicate that malpractice has occurred, as there are risks involved in these procedures, but the first step would be to have an experienced attorney take a look. It is likely in your friend's interest to get a plaintiff's attorney that does medical malpractice in the same state that your friend's surgery took place, and same city area if possible, because there is an advantage to being familiar with the judges and attorneys involved in the jurisdiction. It is likely that the state, like Arizona, will have a law requiring any complaint filed to be accompanied by an expert that has reviewed the case and opined that there was a breach in the standard of care required by doctors in performing the surgery and that such breach caused harm to your friend. Keep in mind that this also must be done within the statute of limitations, which in Arizona is generally two years, so it is important to start the process early. I would suggest making sure that the attorney involved is an experienced medical malpractice attorney, as this subspecialty of plaintiff's work has pitfalls that not all attorneys would likely handle as competently. I hope this helps.  ... Read Answer

You neeed  to discuss the viability of your case with an attorney with experience in the field. Medical negligence cases are very expensive to pursue and there are special rules applicable to those cases that differ from common negligence cases. You should be particularly careful regarding the statute of limitations applicable. With some exceptions, the limitations period is 2 years from the date of your injury or the negligent act.... Read Answer

It is difficult to say whether the necrosis is related to the previous surgery. Has anyone told you that it is? If so, you may have a case worth investigating, but it sounds like an uphill battle.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It sounds like you father received substandard care, but in the end analysis, the nurse may have avoided further damage when she intervened and took him out of the waiting room. If your father did not suffer from permanent problems related to the delay in treatment, he probably does not have a financially viable malpractice case.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Try this link. If they cannot help you they will get you to someone who can. If that doesn't work, email me and I will try to get you to where you need to be.  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 Answer

I am sorry to hear about your husband's passing and this medical records mishap.  While I don't believe it is grounds for a lawsuit, I do believe you have grounds to file a HIPPA Complaint.   For more information, go to this website:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/  I recommend filing the complaint first and then informing the VA Hospital of their mistake and work with them on getting your husband's medical 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 response. ... Read Answer

My instinct tells me that a puncture of the artery could be an accepted complication of the procedure, but I suspect that an attorney would have to look at the medical records generated from the procedure to know for sure.  I think there will also be a question about whether the case is financially viable if the second procedure fixed the problem and your dad had no lasting damage caused by the excessive bleeding. 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. 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 Answer

If you can prove that the delay in diagnosis and care substantially increased the risk of the disease, then you have a medical malpractice case worth investigating. If you can't prove the delays caused the harm, you will not have a viable cause of action.  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 Answer

Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies. To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can 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 Answer

There are different statutes of limitations on different kinds of cases. 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.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

You may have a medical malpractice/wrongful death case.  The big question will be whether earlier intervention would have resulted in a different helped him.  If an expert determines that your mother was septic before she was released from the hospital, even if the first group of physicians treating her in the hospital were negligent the case will fail because of proximate cause.  Beyond this, if your mother had end-stage cirrhosis, she had a poor prognosis for that reason alone.  Under the circumstances, there will be a question about whether or not a medical malpractice case is financially viable. 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 Answer

If you had to have surgery for a dental abscess the day after the tooth was pulled, then the infection that resulted in the absence wasn't caused by the pulling of the tooth, it preexisted that procedure and under the circumstances it was unrelated to that event. Reasonable minds can differ on the analysis of whether you have a viable malpractice case.  Therefore, 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. Click herefor 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 Answer

I am sorry to hear about the problems your grandfather has been experiencing.  I think it would be worthwhile to start calling local attorneys in your area who handle medical malpractice claims.  Whether you have a case or not is difficult to tell without more information and without seeing the medical records.  Thus, I recommend you (or the appropriate person) request the medical records of your grandfather from the visit 2 weeks ago up to the current date and start calling for consultations with local attorneys (most consultations are free).  The attorney will likely want to review the medical records before telling  you if they think they can help.  This is because most state laws make it very difficult to sue or bring an action against a doctor or other health care provider.  Most state laws require an expert opinion stating that the doctor or health care provider violated the standard of care before even filing a lawsuit.  It is likely that you have a case here, depending on the details and the medical records, so I would recommend requesting the records and start contacting attorneys.  A local attorney will be able to better advise you of your state laws and the applicable statute of limitations in your state.  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 Answer

If you knowingly took the wrong dosage of the medication for three months and this contributed to your symptoms, while the doctor was negligent it is likely that you are going to be held to be responsible for your damages as well, because there were other courses of action for you to take (for example, go to another doctor). I would not prosecute the case, but contact a local personal injury attorney and run the facts by them if you want another opinion. ... Read Answer

It is likely that your husband's statute of limitations has expired.  Depending on your state law, the time likely started running when he discovered it (3  year later, in 2003).  However, it has now been 9 years since he found out and likely the time has expired.  The Arkansas Code provides that medical malpractices suits must be brought within 2 years after the cause of action accrues.  The Code then provides "The date of the accrual of the cause of action shall be the date of the wrongful act complained of and no other time. However, where the action is based upon the discovery of a foreign object in the body of the injured person which is not discovered and could not reasonably have been discovered within such two-year period, the action may be commenced within one (1) year from the date of discovery or the date the foreign object reasonably should have been discovered, whichever is earlier."  Arkansas Code Annotated Section 16-114-203.   Another Section provides that all other actions which are not covered in other sections of the Code shall be commenced within five (5) years after the cause of action accrued.  Arkansas Code Annotated Section 16-56-115.  Thus, under al these scenarios it is likely that the limitations period has expired.  However, you are encouraged to continue seeking the advice of attorneys in your local area who are more familiar with your local state laws.  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 Answer