Medical Malpractice Legal Questions

Dear Betty, I am sorry to hear about this and hope your condition improves. I am not sure if the location of the Attorney will matter or not.  That being said, the answer to your question concerning medical negligence can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to 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

Hello Thomas, I am sorry to hear about this and hope your condition improves. It sounds like you will need further medical work-up to determine whether the pacemaker lead problem has caused permanent damage to your heart. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to 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

There is no case here. Its also unlikley that there was a tourniquet around your arm for 8 hours. A tourniquet on your arm for 8 hours would require amputation. Making such claims will simply have the billing department deem you incredible or a loon simply trying to scam them out of payment for the medical sevices.... Read Answer

Dear Rodney, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to 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.... Read Answer

You may have a claim, but the value of the case is not worth pursuing. The damages would be limited to the need to go for a second surgery and possibly the expense of the second procedure if it was not a covered event of your health insurance. However there does not appear to be any damages resulting other than financial. So the cost of pursuing such a case would not be warranted.... Read Answer

Yes, based on the information provided, it sounds like your sister does have a case.  One of the first questions in every med mal case is always "Did the provider's treatment fall beneath the accepted standard of care?"  In other words, "given all the information available to the provider, did the provider fail to act reasonably under the circumstances?"  That is always a very fact-specific inquiry; however, based on your description, it sounds like the doctors who treated her at the hospital were unreasonable to assume that her symptoms were all related to diabetes and that it was unreasonable to fail to refer her to a neurologist earlier. She is welcome to call me at 888-434-2912 to further discuss the possible case. Thank you, Kim Beck, Beck Law Center   Attorney Advertisement.  Beck Law Center’s responses are intended to provide general information and should not be construed as creating an attorney/client relationship.  Therefore, it may not reflect the current law in your jurisdiction.  It is not intended as a substitute for legal advice.  Further, this correspondence is not protected by privilege.  No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.... Read Answer

You may have a claim here, depending on the facts of your experience particularly during the stress test. Your doctor/staff/hospital would have had a duty of care that must have been met. Whether they did meet that standard would depend on the care provided during that visit. For example, if a reasonable doctor would not have allowed for the treadmill to be brought to the speed at which you were tested, then the duty of care was not met. The office would has have been required to provide you with informed consent regarding all testing.... Read Answer

Did your attorney file a motion to withdraw from the case with the court? Or did he just send you a letter that he is withdrawing? The difference depends on whether he filed a lawsuit. If he filed a lawsuit, then he has to get court permission to withdraw. If he has not filed a lawsuit then he could just send a letter. You have a certain amount of time to bring a lawsuit in court, and if you don't you're forever barred from seeking relief. You should reach out to counsel here in the state of Florida for possible substitution of counsel on contingency fee which means you don't pay anything unless you win the case.... Read Answer

    Hello Gloria, A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth. This is worth discussing further and should be done as soon as possible as there are concerns regarding the Statute of Limitation/and Repose. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Again, do not delay, as the Statute of Limitation/Repose for bringing a Medical Malpractice lawsuit is extremely short given the complexity involved in such cases. ... Read Answer

You have a potential case, however you are going to need to go in to more details about the case one-on-one with an attorney that works in this area, in order to determine if the potential case is worthwhile in proceeding on.  I can help you move forward, and we do not charge anything for an initial consultation, -- or you can contact another attorney that you find here.... Read Answer

You have this labeled as a Wrongful Death.  I hope thats not the case, otherwise this question must have been sent in by Ouiji board.  In any event, you may have a medical malpractice claim.  However, you need to get a second oppinion from a substantially similar doctor in the same field as the doctor you believe opperated outside the normal standard of care.  Please feel free to contact me with any further questions or need for assistance. 203.870.6700... Read Answer

I am sorry to hear about this and hope your condition improves. It sounds like you will need further medical work-up. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to 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.... Read Answer

Ah yes, I know Wellington.  Based just on the information provided, it sounds like your surgeon was negligent in bracing your ankle after surgery.  You can sue a doctor for negligence.  A number of factors could affect the value of your case including: whether you followed the surgeon's post-surgery instructions, whether you have diabetes or another condition that could affect healing, whether the doctor took your condition into consideration when providing care. Your next step is to get your medical records from the surgeon and the doctor who performed your surgery and the doctor you have been working with since your surgery.  I generally collect medical records for my clients, but medical providers are particularly slow in responding to lawyers right now.  I find the patients can obtain records faster. You should also discuss your case with a lawyer. ​Kimberly Beck Beck Law Center 201 E. 5th Street, Suite 1900 Cincinnati, OH 45202 kim@becklawcenter.com 888-434-2912 ... Read Answer

Based just on the information provided, it sounds like the surgeon negligently severed the nerve during surgery.  You can sue a doctor for negligence.  A lot of factors could affect the strength of your case.  How long ago did you have surgery?  What did the doctor tell you about the risks of the surgery?  What did the doctor say when you told him that you were experiencing numbness? You next step is to obtain your medical records from the doctor who performed the surgery and the doctor who told you the numbness was permanent.  Generally, I collect records for my clients, but right now all of the medical providers are taking a long, long time to give me medical records.  They blame Covid and lack of assistance.  I have found patients can get records faster. You should also call a lawyer.  Medical malpractice cases are complicated.  I don't think anyone should try to represent themselves in med mal cases. I offer a free consultation and I'm licensed in Indiana.  Please feel free to call or email me if you have additional questions or want to discuss your case further. Kimberly Beck Beck Law Center kim@becklawcenter.com 888-434-2912 Please note that Beck Law Center does not intend to create an attorney/client relationship by responding to this question.  If you have questions about your specific case, please contact a lawyer.  ... Read Answer

Why are you posting here?  Are you seeking help to find an attorney to take this case?  My associate would be interested in discussing this further with you if you need help.  I can put you in touch with him if you wish, or you may be able to find someone else here to take your case.... Read Answer

Sorry to learn of your horrifying experience. You may wish to reach out to Dan Lipman (720) 414-0518, Christopher (Buck) Dominick (303) 794-743, 303-529-1153, or Porya Mansorian (303) 803-7228. I have had a positive experience with all of the above lawyers and I believe you would be well-served by any of them. Engaging a lawyer is often about “fit” and that is a subjective factor you need to determine on your own.  Regardless, you should, of course, conduct your own thorough independent evaluation of any lawyer you intend to engage, as it is a very personal decision and it is a decision worthy of your full consideration. Until you have engaged an attorney to represent you, you should be mindful of any deadlines that may apply. Please be certain to promptly and diligently follow up on your legal matter, as there may be deadlines or other time periods, etc. which could harm your interests or legal rights simply through the passage of time – some of which may have already passed or the passage of which may be imminent and certain of which are very short and require rapid action that underscores the importance of engaging excellent counsel as early as possible. I am not in a position to advise you on these matters at this time, including any relevant statutes of limitations, but encourage you to move quickly to retain counsel of your choosing in order to protect your interests. I’m hopeful that one of the above lawyers will be able to assist you. Kind regards,   Cyrus ... Read Answer

I do accept medical malpractice cases in Texas.  Nerve injury case are difficlut to pursue for two reasons.  First, nerve injury is often a potential risk of surgey, and the injury can occur even in the presence of excellent surgical care.  Second, nerve injuries can resolve on their own, but often take up to a year to return to normal.  If one year since the surgery has passed and the problems have not improved, then it would be worthwhile to gather the medical records and have them reviewed by a qualified attorney. Due to the state of the law in Texas (tort reform), a case can typically only be brought when the patient suffers death or a permanent and debilitating injury.  The reason for this is that Texas law imposes severe restrictions on the amount than be recovered in medical malpractice cases and the cases are very expensive to prosecute.  Therefore, the injury or loss must be severe enough for the limited recovery to offset the expense involved in the case.... Read Answer