Medical Malpractice Legal Questions

Sorry to hear about your experience. In any malpractice action, you have to demonstrate: 1) a departure from the standard of care; and 2) harm resulting from the departure. Even assuming that leaving surgical tape behind was a departure from the standard of care, you have not suffered any resulting harm as you passed the tape without incident. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

You should photograph the area where you fell before it’s repaired or altered. Try to take the pictures at roughly the same time of day so the lighting conditions match. You should also consult an attorney in your jurisdiction who handles these cases on a contingency‑fee basis, meaning you pay nothing unless there is a recovery. If you’d like, you can contact one of us and we can help connect you with a contingency‑fee attorney at no cost.     ... Read Answer

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

If the structured settlement was set up with a guaranteed payment period or named a beneficiary, the remaining payments may go to the estate or whoever was designated. But if the payments were tied strictly to the child’s life, they usually stop when the child passes. It all comes down to the original contract, so reviewing that agreement is the key to knowing what happens next.    ... Read Answer

Medical malpractice cases are a high hurdle—they’re expensive to pursue and require meeting strict thresholds before you can even file. That’s likely why multiple attorneys have declined to take your case. A stronger angle may be whether your broken wrist was caused by a third party you could sue directly. Even if there’s a theoretical malpractice claim, the original tortfeasor, the person who caused the broken wrist( if there is one) , would typically be responsible for those damages caused by a negligent doctor. ... Read Answer

  Dear Ms. Allison, There are many stages to determine if there is a potentially viable Medical Malpractice case. The attorney will need more personal information about you and will need to consider what overall effect any medical error has had on you. Ultimately, medical expert opinion(s) whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries will be necessary. We 1st explore these issues and review records prior to deciding whether to send them out for review by appropriate medical experts free of charge to you. We give free consultations and if we take the case, it would be on a contingent fee basis. These cases have pre-suit requirements and are often very tough and time-consuming. Furthermore, the Statute of Limitation for bringing a complex Medical Malpractice lawsuit is relatively short. It is not possible for me to answer your question other than to suggest that you consult an experienced Medical Malpractice attorney for a deeper dive as I have described. Start this process with a free consultation sooner rather than later. Providing the necessary medical records may help speed up the process for the reviewing attorney. We cannot solicit, so you will have to reach out. Best, Loren L. Gold, Esq. ... Read Answer

I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a complication from intubation or another aspect of the procedure, but proving malpractice requires more than showing you’re still hurting. You need evidence that the surgical team deviated from accepted standards of care. Begin by consulting your surgeon or an ENT specialist for a thorough examination and documentation of your symptoms. Request copies of your operative report and anesthesia records as well. If another doctor confirms the injury was likely caused by improper intubation, positioning, or post-operative care, bring those records to an attorney. In Pennsylvania, you generally have two years from when you knew or should have known something went wrong to file suit, but an attorney will need time to obtain expert reviews before proceeding. In the meantime, focus on treatment to prevent further damage and to ease your pain. Also, pursue medical documentation that could support any potential claim you might pursue later.... Read Answer

I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete medical records from the hospital and EMS provider in writing. They’re required to give them to you. Once you have the records, schedule an appointment with an independent neurologist or spinal specialist to evaluate the pain you describe. Their exam and imaging can confirm whether the original care fell below the accepted standard and caused lasting harm. If that evaluation supports what you’ve experienced, bring the records and new findings to a medical malpractice attorney as soon as possible. In the meantime, you can also consider filing a written complaint with the hospital’s patient advocate office. Taking these steps will create a clear paper trail, help safeguard your health going forward, and provide a malpractice lawyer with the necessary information to assess your claim.... Read Answer

Yes, what you’ve described could potentially be considered medical negligence or even grounds for a medical malpractice claim. Informed consent is a fundamental part of medical care. Patients have the legal right to know what procedures will be performed on them, the risks involved, and the alternatives, unless it's a true emergency situation. If a retina specialist performed surgery without explaining what was being done and then failed to disclose complications like infections or the need for emergency follow-up procedures, that could violate both legal and ethical standards. Medical malpractice claims typically require showing that the doctor breached the standard of care and that this caused harm. A lack of informed consent, undisclosed infections, and refusal to explain the care provided could all support that argument. It would be wise to contact a medical malpractice attorney as soon as you can. They can review your medical records, assess whether the doctor’s conduct violated your rights, and help determine if you have a case.... Read Answer

Sorry to hear what you went through. Putting aside the question of whether the student's treatment fell below the accepted standard of care for another dental student, temporary pain, even excruciating pain, without more, will not justify the time and expense of a dental malpractice lawsuit. Malpractice lawsuits are typically warranted when there's been a serious, permanent injury, not a condition that can be corrected with another procedure. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

That is a pretty egregious act of gross negligence.  But in any negligence case you are generally only going to receive compensation for your actual damages.  In this instance your actual damages would have been if you had an unintended pregnancy.  But it sounds like you did not actually get pregnant, so basically you suffered no actual harm from the first doctor's negligence.  You may also have a claim for fraud, but again no injury means no damages.  Because of this you would be unlikely to find a lawyer to take it on, because there is a low likelihood of getting any money out of it.  I would recommend that you report what you found out to the state licensing board. ... Read Answer

If something occurred during the first procedure that was outside the standard course of care, the health care provider may have liability.  You should make an appointment to speak with a medical malpractice attorney. Moreover you would also need another doctor in the same or similar field ready and willing to document that the original doctor made a serious mistake that resulted in your need for a revision.  Call us with any questions.... Read Answer

Mr. Clark, sorry to hear what happened to you. In a medical malpractice case, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Although cutting the bile duct may be a foreseeable risk of having one's gallbladder removed, not recognizing the cut during the initial surgery may very well constitute a departure from the standard of care. That said and without minimizing what you went through, a two week hospitalization followed by a 2 month recovery at home might not justify the time and expense of a malpractice lawsuit. If you haven't already, get copies of your medical records and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and AVVO. Hope this helps, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read Answer

Possibly but not likely. Chicken bones are notoriously soft and unlikely to do any real damage to human teeth unless the human tooth was already bad, fractured or compromised. This is why you cant feed dogs chicken as they swallow the meat bones and all because the bones are so soft, and they get stuck in thier throat causing them to choke. You can still make a claim to Tyson as the worst they can do is deny the claim. Just don't get your hopes up or plan  that they will pay for dental care. You can always seek out a personal injury lawyer to review facts and dental records to get a proper determination.... Read Answer

  I am very sorry to hear this and hope your condition improves. Based upon the information which you have offered, there may be multiple responsible parties potentially involved. The answer to your question can only be obtained through medical expert review of your medical records to determine if and by whom the standard of care was breached and if that breach directly caused or substantially contributed to causing you serious and permanent injuries. A Personal Injury Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to sending them out for review by the appropriate medical experts. Consequently, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Best, Loren L. Gold, Esq... Read Answer

Possibly, but you will not likely find a lawyer to take such a case on a contingent fee. Especially if you post is accurate and that you fell asleep a second time at the IHOP with the marker incident. It is also critical to determine WHY you are "falling asleep" at the IHOP at such a level that you are unaware of the events you describe when they occur. If this is the result of substance abuse issues, that might make any claims you might make that much more difficult to address from a variety of reasons. You should still try to runt this by any consumer or personal injury lawyers in your area to get a formal assessment of the circumstances. ... Read Answer

There is no general "help with pain and suffering" as a result of having a disease or surgical intervention. That is simply part of the process and package of such unfortunate situations. You can check with local legal aid for finaincial and emotional support groups and resources that might be available. If there is some concern about medical malpractice having occurred - you will need to have this reviewed by an attorney ASAP as there are very short statutes of limitation on such cases. ... Read Answer

The only way to find an attorney is to contact several attorneys who handle this type of case.  You will then present the basic facts to the attorney's office.  You can expect these questions from the attorney: 1. The name of the health care provider. 2.  What you believe the health care provider did wrong. 3. What harm was done and what treatment is needed do to the malpractice.   Use this website to find an experienced malpractice attorney in the state where this occurred.   ... Read Answer

No way to answer that other than dental malpractice cases cost too much to pursue in expert fees vs. the financial value and in many instances have problematic complications. You will need to hire a dental expert at your expense to gather and review the records and provide an expert opinion as to malpractice. In the meantime, you have some potential statute of limitations issues under Fla. Stat. 766 and 95.11 you will need to address with a lawyer you retain ASAP. ... Read Answer

This is not a medical mal case as described. You simply have a doctor with an opinion you disagree with. You will need to find the means to secure an opinion supporting your view or possibly spend the money to retain a lawyer to immmediately intervene with DMV and secure an expert opinion to assess the first doctors position. ... Read Answer