Medical Malpractice Legal Questions

You can not recover damages for what might have happened but didn't happen. I am assuming that your daughter suffered no permanant damage as a result of what happened.  Your damages claim is therefore minimal and not worth filling a lawsuit over. It is up to you to decide whether to accept the offer.... Read Answer

I am sorry to hear this.  More information is needed to make a determination if the relaese was negligent. However, this may indeed be medical negligence.  I would suggest getting the medical records and meeting with an attorney to dicuss.  Most attorneys, like myself, will not charge to discuss.  ... Read Answer

If there is medical negligence and a permanent injury as a result you should be able to find an attorney to handle. Call an attorney to discuss ASAP.  Most attorneys will not charge to discuss and even investigate the possibility of bringing a claim.  These type of injuries certainly can be a result of negligence ... Read Answer

This sounds like a good start to a med mal case. The key is securing a written opinion from a qualfied surgeon that testifies that cutting the vagus nerve is malpractice as opposed to an acceptable complication. You need to gather ALL you medical records and see if a lawyer will take the case and pay to have it reviewed by an expert. If not, you will likely need to do so and then amed with a written opinion from an expert establishing medical malpractice seek out a lawyer to pursue the claim. ... Read Answer

Possibility yes but not inherently. You will need to consult with a local malpractice lawyer and will need to retain a medical expert at some expense to make such a determination. Generally and unsuccessful srugery alone is NOT malpractice and the incoveneince of additional rehab is not suffiicent damages for most lawyers to undertake a medical malpractice case. There generally needs to be some catastrophic injury. ... Read Answer

You should easily be able to get your records from the pharmacy, which should include a copy of the script given by the doctor.  That will illustrate where the fault lies. From there a decsion can be made as to how to proceed.  Also, keep the prescription bottle. I hope your daughter was able to make a full recovery.  If so a question that will have to be answered is whether the damages warrant a claim.  Get your pharmacy records and speak with an attorney.  ... Read Answer

I can assure you that there is no "fear" in suing the hospital OTHER than the fear of financial loss or impact to a law firm if you are looking for a contingent fee case, where the lawyer does all the work and foots all the bills only to be paid if and when they "win". If you mother was elderly, these are extremely difficult cases due to finanical limitations in the wrongful death and medical malpractice statutes. That stated, if you are intent on "having your day in court" and "seeking justice" the most likely scenario for that to occur under the facts presented will be for the family to fund a legal action or inquiry by personal representative of her estate. This will be an expensive endeavor so plan on committing $10-20,000.00 up front as a retainer for legal fees and costs. ... Read Answer

How old are you now? The statute of limitations in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. While there is an exception under the “discovery rule,” it’s not that easy to get around. I would also want to know what your underlying medical condition was and symptoms, when you first went to the cardiologist to consider having the pacemaker put in. I’d also want to know who told you that it was unnecessary and whether that person was a qualified cardiologist. ... Read Answer

You might have a case or maybe not. In cases of misdiagnosis, the question is have you suffered any additional damages because of the misdiagnosis. If you suffered no additional damages as a result of the misdiagnosis, then you have no case. Feel free to call me on my cell phone (615-646-9417) and I will be glad to explain.... Read Answer

The descrption you have posted wouldn't necessarily be medical malpractice, unless you can show the failure to do the surgery has caused you to have a more serious and perhaps permaneant problem with the delay. The obvious answer is to simply look for another surgeon to do your surgery who may be affiliated with a different hospital. It is well advised anyhow, as we routinely recommend to our clients to get a second opinion befofre having spine surgery. ... Read Answer

Possibly.  Much more is needed as medical malpractice cases are very complex.   You need to get all medical records together and meet with an attorney.  It may help to ask current cardiologist if the lack of medicine and care in nursing home led to stroke.  Bottom line was it avoidable?... Read Answer