Medical Malpractice Legal Questions

More details would be needed in order to evaluate whether you have a claim.  Your brief description does, however, raise a concern that the statute of limitations may have expired.  In Pennsylvania, there is a 2 year statute of limitations.  There are some limited circumstances which could suspend the commencement of the limitation period, but your description does not provide enough details to assess this issue.  You may want to talk with a lawyer.... Read Answer

Hello Patricia, I am sorry to hear about this fiasco. There are two issues. It looks like the proof and the evidence shows that there was negligence based on hospital malpractice. Don't know if the statute of limitation would be a bar to recovery, but it certainly would be worth investigating. I am a member of the Florida and Texas bar and I do have my cocounsel who has a California license so we both would be interested in looking at this case. Feel free to call next week at your convenience. Thank you very much.... Read Answer

I am sorry to hear about your ordeal and hope that you recover fully. More facts are needed which can be discussed in consultation. An experienced professional can guide and advise you and evaluate your claim. However, 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 so as not to prejudice your rights... Read Answer

You can try, but you have no leg to stand on. The tobacco cases in the past were based on misepresentation by tbacco companies that snoking was good for you while burying known health risks. At you age, there wasn't a pack of cigarettes you bought that didn't have warnings all over it and well now in the coimmunity at large that smoking causes COPD, lung cancer etc.... Read Answer

"because my husband told me his first wife tried to intervene with this doctor yrs ago." Beyond the fact that you have no ability to sue a doctor for "alienation of affection" the reason your marriage is on the rocks is more likely that you chose poorly in selecting a husband, as its seems any substance abuse or menthal health problems were long standing.  This is a counseling issue and a family law lawyer issue if you can't get the marriage back on track. ... Read Answer

Not likely for several reasons, starting with the expense of an expert to addess this would exceed the money in dispute. You can file a complaint with the medical board and see what they say about the claim this was done for a cash grab, and go from there. Ultrasound is NOT an end all be all to such things as compared to a surgical examination by the physician. ... Read Answer

Probably not since you seem to have been aware of the issue at the time. Not sure why you failed to pursue this during the 2 year SOL period, but unless this is a catastrophic injury case, and I hope its not, you like made a poor choice in waiting so long to address this. You're best bet is to hire a lawyer to address this ASAP so you know one way or another. You may have to spend money out of pocket to get such a review at this point. ... Read Answer

While not every malpractice claim will grant the plaintiff the right to name the hospital as the defendant, many do. Filing against a legally responsible hospital vs just an individual physician could result in a greater compensation award if the hospital has more resources to pay a settlement or judgment. Our legal team can help injured patients explore their rights to file against public or private hospitals in Florida for medical malpractice. ... Read Answer

You have a case if your doctor acted outside the normal course of business and recognized standards of care.  First, you would need to have another doctor working in substantially the same area and field be willing to testify that the original doctor acted outside the normal standards of care.  It is very possible that your doctor did the best in a bad situation or that they did what any reasonable doctor in the same circumstances would do.  I am so sorry you had to suffer this injury.  I hope this answer helps.  Please feel free to contact us with any further questions.... Read Answer

Sorry, but if you are the "boy in the bubble" then you will need to get with your immunologist and make sure that you have access to special dental faciltiies. Cementing a crown is not a medical emergency and you had ample opportunity to locate a dentist that would abide any special needs you might have. There simply is no viable claim for anything based on your getting a "respiratory" disease of unknown etiology or origin. Just because YOU link it to the dental issue does not make it so, and there is no viable damage for two days of being sick.... Read Answer

Sorry - but this just screams mental health issue and Baker Act detention. People were "drawing pie from your penis?" and you were tortured by the hospital staff? There would need to be some compelling videos of such events to even begin to address this as a legitimate complaint, and that presumes the offenders are stupid enough to torture you knowing they are being recorded. If you truly claim you have such a video, you will need to get with a lawyer see if they agree it shows what you claim it shows. ... Read Answer

It sounds pretty negligent to me, but only a medical professional can verify whether it was a violation of the normal standard of care in these situations.  If you can find another doctor to say that what they did was negligent then you've got a case.  A lawyer cannot make that determination.  You will need a medical expert's verification before any lawsuit could be served in Virginia.  However, what most lawyers are looking for in order to consider taking such a case on contingency is what your long-term injury is and/or what the total medical expenses were that were caused by the negligence.  If it did not cost that much and you are all better now then a lawyer will probably not be interested, as your case may not be worth much.  But if you have significant bills and/or long-term damage then a lawyer could probably help you bring a lawsuit, if you have the expert verification of negligence.... Read Answer

I am very sorry to hear about the damage to your son. 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 your son's developmental delay. 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.... Read Answer

I am sorry to hear about the ordeal through which you have suffered concerning your thigh. The answer to your question can only be obtained through medical expert review of your medical records to determine if the standard of care was breached and if that breach caused you serious 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 medical experts appropriate for your particular case. 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.... Read Answer

Unfortunately youwill find that the damages are not sufficient to justify a med mal claim over a painful MCL strain. You can that the citizens of Florida for turning on the injury lawyers and forcing a contsitutional amendment for that result and driving most med mal lawyers out of the business or into only taking catastrophic injury cases... Read Answer

  Dear Erica,   I am sorry to hear about the ordeal through which you have suffered. The answer to your question can only be obtained through a medical expert's review of your medical records to determine if the standard of care was breached and if that breach caused you serious 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 a medical expert appropriate for your case. 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 in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).  ... Read Answer

Not sure that either case, the civil battery nor a legal malpractice claim is viable. No real damages, and I can't imagine any coherent lawyer taking such a case with the expectation of any real value on its merits. That stated, your most likely remedy is a claim again sthe lawyer you claim was retained to handle the case, whether it turns out she settled or not, though settlment of such a claim is a far fetched. ... Read Answer