Delaware Medical Malpractice Legal Questions

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6 legal questions have been posted about medical malpractice by real users in Delaware. 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.

Can i sue for not getting my operation that i needed?

Answered 12 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these... Read More

Do I have a case?

Answered 13 years ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The symptoms are consistent with an injury to the trigeminal nerve. It is disquieting that you were not advised this by your dentist. There is about a one year window of opportunity to try and correct this problem, so the failure to timely address it or provide you with informed consent about what happened may be the basis of a medical malpractice case.  Injuring the trigeminal nerve during a wisdsom tooth extraction is considered an accepted complication of the procedure in most circumstances.  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. 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 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. Click here for my website.... Read More
The symptoms are consistent with an injury to the trigeminal nerve. It is disquieting that you were not advised this by your dentist. There is about... Read More

Am I out of options

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You should consult with the attorney who lost the trial. The time to appeal has likely expired.  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
You should consult with the attorney who lost the trial. The time to appeal has likely expired.  Click here and here for more information about... Read More

Do I have a claim if I had an injury that was treated and then treated by a 2nd doctor because the first treatment didn't work?

Answered 13 years and 3 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It would depend on whether the first doctor's conduct fell below the medical standard of care.  And if so, you would also need another doctor (an expert witness) to testify to such in a court of law.  Some states even require that an expert be consulted and willing to testify before you can file the actual lawsuit.  Finding an expert witness can be difficult and expensive.  Thus, if you are considering filing a medical malpractice lawsuit, I would recommend finding the assistance of an attorney.  It is also important to note that you are likely limited to a statute of limitations.  Most states are 2  years but many are different and an attorney would need to look at the facts and details of your potential case to best inform you of such.  If you are desiring to proceed with legal action, I recommend obtaining your medical records from both doctors related to this and consulting a local attorney.  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
It would depend on whether the first doctor's conduct fell below the medical standard of care.  And if so, you would also need another doctor... Read More

When is medical malpractice appropriate?

Answered 13 years and 6 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is difficult to say whether you have a viable malpractice case without more facts, but 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 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
It is difficult to say whether you have a viable malpractice case without more facts, but if you want to investigate a case,  you should contact... Read More

Can I sue my husband''s previous cardiologist for refusing to order tests to rule out the problem being his heart?

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I think you are going to have a problem with the statute of limitations in Delaware. Beyond that, if the second cardiologist cured the issues caused by the first cardiologist's failure to act, then you probably do not have a financially viable case. Nevertheless, if you want to investigate 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. 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.  Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable. 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 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
I think you are going to have a problem with the statute of limitations in Delaware. Beyond that, if the second cardiologist cured the issues caused... Read More