Kansas Medical Malpractice Legal Questions

You may have a medical malpractice case.  Your first doctor can be found liable for failing to diagnose the problem, and possibly for surgical errors if it can be demonstrated that there was a deviation of standard of care.   Please keep in mind, most states have a statute of limitations for Medical Malpractice lawsuits, so you should speak with an attorney to ensure your claim is filed in a timely manner. Medical malpractice lawsuits can be very complicated and will require thorough investigation, expert testimony and more. The sooner you contact a malpractice lawyer, the sooner they will be able to build your case. Our Connecticut Medical Malpractice Attorneys are licencsed in Connecticut only. Contacing a lawyer in your area is important for a medical malpractice case.  D’Amico, Griffin & Pettinicchi, LLC465 Straits TurnpikeWatertown CT, 06795Phone: (860) 945 6600 ... Read Answer

You probably do not have a financially viable medical malpractice case. But,  "according to K.S.A. 65-2837, it is 'unprofessional conduct' for a physician to fail to transfer records to another licensee when requested to do so by a patient or his or her representative. Therefore, if a patient requests medical records be copied and sent to another health care professional, the records should be copied and sent without waiting for payment from the patient. The patient may be billed for the copies, but delivery of the records to another health care professional should not be delayed."  Call the Kansas Medical Society, who will no doubt contact the medical provider and explain the consequences of not complying with this requirement: Kansas Medical Society623 SW 10th AvenueTopeka, Kansas66612-1627 785.235.2383 (Voice)800.332.0156 (Toll Free)785.235.5114 (Fax) 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. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 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 Answer

Anywhere from 33 1/3rd to 40% is fairly standard.  Especially with medical and/or product liability cases, the fee is often 40% because the cases are more difficult and take more time and expenses.  However, you can always call around to see what other lawyers fees are in the area.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client privilege exists or is formed by this response. ... Read Answer

I'm sorry to hear about this.  For more information on HIPAA laws, violations and how to file a complaint, visit:  http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html   NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

I am sorry to hear about this.  I recommend you go to the website below to find more information about HIPAA violations and how to file a complaint.    http://www.hhs.gov/ocr/privacy/hipaa/complaints/.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed as a result of this response.... Read Answer

It is hard to sue a hospital for an infection because it is difficult to prove that the infeciton was preventable. That said, you may have a case against the doctor, because accepted standards of care require prophylatic antibiotics in patients undergoing knee surgery. Click here to see what I mean.  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 Answer

I do not think it is  foregone conclusion that the first doctor's diagnosis was wrong. You should ask your new cardiologist whether Psvd could have converted to atrial fibrillation over time. In any event, in the absence of an event causing permanent harm (for example, a stroke) I do not think you have a financially viable case. The articles below discuss this in more detail.  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 article discusses the issue of financial viability. 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 Answer

As a hip replacement patient myself, I can understand the pain you are suffering. You might have a medical malpractice case if the hip was implanted improperly or you might have a product liability case if the hip design was faulty.  I don't know if you are aware but some artificial hip implants have been recalled due to a faulty design and the manufacturer has issued a recall because of their high failure rate.  I would recommend that you speak with an attorney with expertise in hip implants. You might want to read some information on my website, www.hgfarber.com (and select the "DePuy Hip Recall button") or you could give me a call and I can help point you in the right direction. 1-800-244-9087. Good luck to you.  ... Read Answer

While the doctor will argue that the injury was an accepted complication of the procedure, you should be able to find an expert who will testify that the ureters should have been easily identifiable, and the surgical mishap should have been avoided. The caveat is that if this was not your first operation in the area and there was previous surgical scaring, the outcome may have been unavoidabe.  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. 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 Answer

I am not sure whether you are saying you had a broken foot and the radiologist was incorrect, or whether you are suggesting that you were misdiagnosed with a broken foot when, in fact, you did not have one.  I think the problem you are going to have is that in either scenario, you do not have a financially viable case if you were not permanently harmed.  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. This explains what is necessary for a case to be financially viable.  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 Answer

You may have a medical malpractice case but there are two obstacles you are going to have to overcome. The first is the issue about whether the case is financially viable. The second is whether the statute of limitations expired. If you only discovered that the glass was left behind in the last year, you may have equitable arguments that would toll the statute of limitations.  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. This discusses the issue of financial viability.  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 Answer

I do not think you have a financially viable medical malpractice 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.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This addresses the issue of financial viability.  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 Answer

It sounds like your mother received negligent care, although to know for sure, you would have to have someone look at the records and the pertinent radiographic films.  Even if you can prove that the first doctor made a mistake, the major issue you will have to face is wether the case is financially viable. Assuming she gets better with the appropriate treatment, a delay in healing alone will not likely justify the time and expense of a medical malpractice lawsuit.  The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately 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.  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. 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 Answer

The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately 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). At face value, it sounds like you may have a statute of limitations problem. 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.  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 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 Answer

It sounds like you have more of a medical question then a legal question.  Questions about the propriety of removing the Greenfield filter should be directed to your doctors.  If you think that you may have a products liability case against the manufacture of the filter then he should consult a products liability attorney.  You may have a statute of limitations problem but if you truly did not know that the filter was inserted until last year you may have an argument that the statute of limitations should be tolled. If they do remove the filter, make sure that you instruct them that you would like to preserve it. If you do want to investigate a case further, you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. 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 Answer

If monitoring your blood work would have changed the outcome then you may have a potential medical malpractice case. Recognize, however, that physician sometimes had prescribed medication to avoid a serious health risk that can have a negative impact on a patient's overall health, and this is not necessarily malpractice.  For an attorney to know whether you have a viable case they will need to obtain more information and review the pertinent medical records. 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. 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.  Click here for more information about me. Click here for more information about my firm. ... Read Answer

If you have a viable pending medical malpractice claim, then what you paid for negligent care would be part of the damages aspect of your case. Nevertheless, do not expect the hospital to agree with your personal assessment that the hospital was negligent and stop their collection action. As a practical matter, a hospital is simply not going to admit that they were negligent under these circumstances. ... Read Answer

It certainly sounds like somebody did something wrong. While I am not minimizing what you went through emotionally, presuming your wife recovers fully, you likely do not have an economically vialbe medical malpractice case. Medical malpractice cases cost a good deal of money to prosecute and literally the simplest cases can cost hundreds of thousands of dollars in attorney time to take to trial. Under the circumstances, unless the victim of malpractice sustains a serious injury that permanently impacts their life, a good medical malpractice attorney will likely turn away the case.  If you are interested in getting a formal opinion contact a medical malpractice attorney and run the facts of your case by him or her. All malpractice attorneys provide free initial consultations.  ... Read Answer