West Virginia Medical Malpractice Legal Questions

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10 legal questions have been posted about medical malpractice by real users in West Virginia. 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.

Do you think having a ultrasound and pressing really hard on the abdomen can put someone in labor?

Answered 10 years and 10 months ago by D. Michael Burke (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Jennifer, your question is more medical than legal. I suggest that you go see your obstetrician or your family doctor to ask him or her. If you get an answer that indicates that the technician's actions caused you to lose your baby, you might have a case.
Jennifer, your question is more medical than legal. I suggest that you go see your obstetrician or your family doctor to ask him or her. If you get... Read More

Could I sue VA medical malpractice

Answered 11 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If you had a propensity to develop blood clots, advised your surgeon of this, and he still failed to place you on anticoagulants following surgery you may have a viable malpractice case. The question will be whether the case is financially viable, and the answer to that question turns on the nature of your damages. If the single stent surgery and a brief period of time laid up is the extent of your harm, then you will probably have a hard time finding an attorney to take the case. Articles below explain the issue of financial viability in more detail.  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
If you had a propensity to develop blood clots, advised your surgeon of this, and he still failed to place you on anticoagulants following surgery... Read More

My doctor found a polyp and prostate exam three and half years ago told me not to worry about it now I have colorectal cancer

Answered 11 years and 10 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You certainly have good reason to investigate a case.  The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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
You certainly have good reason to investigate a case.  The big question in most failure to diagnose cancer cases is whether the patient can... Read More
Your summary does not contain enough facts to provide an opinion if your case has merit.  I would need to know the medication  you were put on and the condition which would have made it contraindicated (not recommended).  Please provide that information and I would be happy to discuss your case in more detail.  Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com    ... Read More
Your summary does not contain enough facts to provide an opinion if your case has merit.  I would need to know the medication  you were put... Read More

Medical malpractice question

Answered 12 years and 9 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 medical malpractice case because you are in the middle of things. Also, hospital born infection cases are very difficult. Deal with your immediate medical problems and if you learn over the next few months that some of your problems are permanent in nature, contact a medical malpractice attorney.  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
It is hard to tell you whether you have a viable medical malpractice case because you are in the middle of things. Also, hospital born infection... Read More

Got a question about a baby delivery

Answered 12 years and 11 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It is a breach of accepted standards of care to fail to delivery the placenta, but the question will be whether the case is financially viable if your wife sustained no permanent harm. Articles beow discuss this issue.  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
It is a breach of accepted standards of care to fail to delivery the placenta, but the question will be whether the case is financially viable if... Read More

wrong blood type transfusion

Answered 13 years and 2 months ago by attorney James A. Karamanis   |   1 Answer   |  Legal Topics: Medical Malpractice
If they provided your father with the wrong blood type and because of that reason he died then I believe you do have a case.  If you would like to discuss it further, feel free to either call me at 312-553-5300 or you can email me at James@bkchicagolaw.com.   Also feel free to visit my website at www.karamanislaw.com. I look forward to hearing from you,   James A. Karamanis Attorney at Law  ... Read More
If they provided your father with the wrong blood type and because of that reason he died then I believe you do have a case.  If you would like... Read More

looking for lawyer to suew a doctor

Answered 13 years and 3 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It may be that your doctor believed he removed everything, and he was mistaken. That may or may not be negligent. To know, an attorney would have to have your records reviewed 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.  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 may be that your doctor believed he removed everything, and he was mistaken. That may or may not be negligent. To know, an attorney would have to... Read More

I was given heparin and am allergic to this med. I then developed blood clots like I did the last time and spent 4 days in ICU. Do I have a case?

Answered 13 years and 6 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
At face value it sounds like you received negligent medical care.  The big question is whether you have a financially viable case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.   If you do 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. 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
At face value it sounds like you received negligent medical care.  The big question is whether you have a financially viable case. Medical... Read More

Do i have a case against a dr if he did a spinal fusion and after 9 months the fusin did not work.

Answered 14 years and 2 months ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about the problems you have been having.  In order to have a medical malpractice case you would need to establish if there was a violation of the standard of care.  While each state has different laws regarding malpractice cases, it is likely that you would need an affidavit from another doctor who is willing to testify that the doctor who did the spinal fusion violated the standard of care.  In order to establish such, you will need to make an appointment to see a local medical malpractice attorney in your area.  You need to request all your medical records and bills relating to this spinal fusion and bring them with you.  The attorney will want to meet with you and then review the medical records to establish such.  Please know that medical malpractice/negligence cases are very difficult and always require the hiring of an expert witness and usually takes years to litigate.  Each state has different laws so it is best that you consult a local medical malpractice/negligence attorney.  Also note that their are time limitations (statute of limitations) on these cases -- an attorney in your area can also help you with this.  I hope this helps.  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 the problems you have been having.  In order to have a medical malpractice case you would need to establish if... Read More