Maryland Medical Malpractice Legal Questions

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30 legal questions have been posted about medical malpractice by real users in Maryland. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
Maryland Medical Malpractice Questions & Legal Answers
Do you have any Maryland Medical Malpractice questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 30 previously answered Maryland Medical Malpractice questions.

Recent Legal Answers

Do I have a case for malpractice?

Answered 6 years and 3 months ago by attorney Allan M. Siegel   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about your husband.   Based on your description, you very well may a case for medical malpractice.  Your next step would be to consult with a lawyer, so that he or she an analyze all the facts.    The lawyer would also have to obtain all of your husband's relevant medical records, and would have to have a other doctors review them to determine if your husband's PCP was negligent.   The first consultation is always free, and there is no fee unless the lawyer wins the case, so there is no reason not to consult with a lawyer to ensure that this is thoroughly investigated.     ... Read More
I am sorry to hear about your husband.   Based on your description, you very well may a case for medical malpractice.  Your next step... Read More
It sounds like you have a good case.   A lawyer would have to evaluate the records and consult with experts to determine if your PCP and OBGYN breached the standard of care, and if they did whether a timely diagnosis would have changed the outcome.   I would recomend that you reach out to highly rated lawyers on this site.  Look for lawyers with an AV rating.  The first consultation is always free, and you only pay an attoney's fee if you win. ... Read More
It sounds like you have a good case.   A lawyer would have to evaluate the records and consult with experts to determine if your PCP and... Read More

Do you think my mom have a case

Answered 8 years and 4 months ago by Dena Rachel Young (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Was mesh used in the hernia surgeries?
Was mesh used in the hernia surgeries?
Wash mesh used to repair the hernias? If so, you may have a case against the manufacturer of the mesh.
Wash mesh used to repair the hernias? If so, you may have a case against the manufacturer of the mesh.

Do we potentially have a medical malpractice and medical neglect lawsuit?

Answered 9 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
The short delay between the visit to the Nurse Practitioner and the return to the hospital and the diagnosis of the ATRT suggests that any case against the nurse will fail on proximate cause. In other words, your child's underlying problem (the tumor) is what is causing her problems, not the delay in diagnosis. Having said that, no nurse practitioner is qualified to diagnose a complex neurological problem like cerebral palsy or a brain tumor, so you should definitely file a complaint against the practice.  If you want to investigate a 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. 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 for more information about me.   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.  ... Read More
The short delay between the visit to the Nurse Practitioner and the return to the hospital and the diagnosis of the ATRT suggests that any case... Read More

Can I sue for partial transection of my right fallopian tube?

Answered 9 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You will have a hard time finding an attorney to take on the case because of the issue of financial viability. Malpractice cases are damages driven. Articles below explain this in more detail. 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 for more information about me. 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.    ... Read More
You will have a hard time finding an attorney to take on the case because of the issue of financial viability. Malpractice cases are damages driven.... Read More

I was just informed that I have been misdiagnosed with a serious problem with my leg. how do I know if I have a case ?

Answered 10 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds like you have reason to suspect you receieved negligent care. The only caveat is that fractured ankles are usually diagosed with plain x-rays, so if these were done and negative, the case might be defensible.  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 for an article that explains how and what clients are charged when they hire an attorney to pursue 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. 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 More
It sounds like you have reason to suspect you receieved negligent care. The only caveat is that fractured ankles are usually diagosed with plain... Read More

can my daughter be compensated for pain and suffering due to a nurse stealing her pain meds instead of giving them to me daughter?

Answered 10 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You do not have a financially viable medical malpractice case. Articles below explain this in more detail. You should certainly file a complaint against the nurse with the Maryland Board of Nursing. Click here to do that.  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 for an article that explains how and what clients are charged when they hire an attorney to pursue 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. 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 More
You do not have a financially viable medical malpractice case. Articles below explain this in more detail. You should certainly file a complaint... Read More

do i have a case

Answered 11 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
You should contact an attorney to investigate a case. It sounds like the physician performing the spinal tap injured your sciatic nerve. 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.  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. 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 More
You should contact an attorney to investigate a case. It sounds like the physician performing the spinal tap injured your sciatic nerve. Contact a... Read More

my mother died in her sleep due to two medications she was prescribed that were not supposed to be taken together can I sue dr for malpractice

Answered 12 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
If your mother died because she took medication that was contraindicated because of another medication that she was on, then she was the victim of medical malpractice. If she was elderly and no longer working, there may be questions about whether the case is financially viable. The articles below explain this in more detail.  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 More
If your mother died because she took medication that was contraindicated because of another medication that she was on, then she was the victim of... Read More

do u think I have a cas

Answered 12 years and a month ago by Sarah Reese (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am sorry to hear about your son.  The only way you would have a potential case would be if the failure to diagnosis the cyst at the first appointment caused additional damage to your son.  Meaning, if they had found it on the first visit, they would have been able to treat it less aggressively or without surgery. If the cyst was going to have to be removed one way or the other, you likely have no case.  However, if you would like, you can request your medical records from the first visit and the emergency surgery and try and locate an attorney in your area to review the records.  Most consultations are free.  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 by this response. ... Read More
I am sorry to hear about your son.  The only way you would have a potential case would be if the failure to diagnosis the cyst at the first... Read More

My husband and I are not sure if we should pursue legally. Our now 4 year old daughter was diagnosed and underwent immediate surgery for malrotation.

Answered 12 years and 2 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I assume the rest of your question is going to indicate that the surgeon indicated that the upper G.I. Donna November 2012 showed evidence of an hour rotation.  If that is the case (and maybe even if it is not the case) it sounds like you have reason to suspect that your daughter received medical care that was negligent.  The key question in the case will be whether you can prove that any lasting damage is was related to the delay in addressing the malrotation of the intestines.   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 More
I assume the rest of your question is going to indicate that the surgeon indicated that the upper G.I. Donna November 2012 showed... Read More

Cauda Equina Syndrome caused permanent damage due to misdiagnosis and delay in treatment. Might we have a medical malpractice case?

Answered 12 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Depending on the symptoms relayed to the family physician, you may or may not have a case, but the statute of limitations probably ran if your wife was diagnosed with cauda equina syndrome back in 2009. You have two years from the date that you knew or should know that a doctor committed malpractice to file a lawsuit in New Jersey. There are equitable exceptions to this rule, but at face value it does not sound like you meet any of them. These are fact sensitive inquiries, so you may want to run the facts by an attorney over the telephone.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in the state where the malpractice occurred).  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. 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. 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  Skype: john_ratkowitz Click here for my website. ... Read More
Depending on the symptoms relayed to the family physician, you may or may not have a case, but the statute of limitations probably ran if your wife... Read More

medical malpractice or negligence?

Answered 12 years and 9 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Ordinarilly you would not expect a patient to suffer a debilitating leg injury during labor and delivery. I really don't know what injury you suffered, but if it is not permanent then you may not have a financially viable case.  Accepted standards of care do not require a physician to be present during the entire labor and delivery. If your injury was a result of short staffing and there were not enough nurses present, that is a different story.  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. 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. 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  Skype: john_ratkowitz Click here for my website. ... Read More
Ordinarilly you would not expect a patient to suffer a debilitating leg injury during labor and delivery. I really don't know what injury you... Read More
I am very sorry to hear about you dad.  There have been some alleged problems with Fresenius Dialysis treatments.  Mainly if one suffered a heart attack after receiving dialysis at a  Fresenius dialysis center. If this is what happened, or if you would like more information about these potential lawsuits, you should contact a local attorney in your area.  I did a quick google search for attorneys in Maryland who are handing potential Fresenius lawsuits and found this webpage:   http://www.youhavealawyer.com/dialysis/  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 by this response. ... Read More
I am very sorry to hear about you dad.  There have been some alleged problems with Fresenius Dialysis treatments.  Mainly if one suffered a... Read More

do i have a case?

Answered 13 years ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies. To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does. If you think that you may have a viable 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. 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. 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. 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. Click here for my website.  ... Read More
Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there... Read More

Could you call this situation medical negligence?

Answered 13 years and a month ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I don't think you have a viable medical malpractice case. Even if you could demonstrate that someone did something wrong, the case is not financially viable, because you will not be able to prove that the care provided was responsible for causing his problems.  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 More
I don't think you have a viable medical malpractice case. Even if you could demonstrate that someone did something wrong, the case is not financially... Read More

I have a blood disorder that causes clots. I was in the hospital last month for 11 days and they did a procedure that did not help me.

Answered 13 years and 4 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It may have been malpractice for the doctor who inserted the IVC filter to fail to recognize that there was a clot above the filter before he placed the filter, but if the second procedure solved that problem, you probably do not have an economically viable 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.  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. 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 More
It may have been malpractice for the doctor who inserted the IVC filter to fail to recognize that there was a clot above the filter before he placed... Read More

can we sue for medical malpractice

Answered 13 years and 5 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I'm sorry you are going through these things. Cancer is an insidious disease and it puts people through hell. I don't think you have a viable malpractice case because once cancer metastasizes it is impossible to prevent it from going to the brain, as your doctor explained. While an MRI would have allowed you to know that the cancer was present sooner, I don't think that the standard of care requires an oncologist to perform an MRI in the absence of symptoms. Good luck to you through these difficult times. 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 More
I'm sorry you are going through these things. Cancer is an insidious disease and it puts people through hell. I don't think you have a viable... Read More

I had a partial hysterectomy 6 yrs ago, but I'm still bleeding every month, and still have the same symptoms I had the hysterectomy for, which was

Answered 13 years and 6 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It sounds Like you have reason to investigate a medical malpractice case given your symptoms, but I think you are going to have to overcome a statute of limitations defense and at face value it doesn't sound like he will be able to do this. A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases.  Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable 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.  Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 More
It sounds Like you have reason to investigate a medical malpractice case given your symptoms, but I think you are going to have to overcome a... Read More

A little more than 5 years ago, my mom had a partial hysterectomy. That doctor made a serious medical mistake, can my mom still sue this doctor?

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
I am not sure that you will be able to prove that the complications following the partial hysterectomy occurred because of negligence. A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. If you think that you may have a viable 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.  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 More
I am not sure that you will be able to prove that the complications following the partial hysterectomy occurred because of negligence. A statute of... Read More

I had a atroke on May 24th my doctor told me that My diabetes was out of control and told me to drink green smoothies. I wasn''t satisfied went to

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
It's hard to answer your question based on the facts that you provided. If you had the stroke prior to visiting the doctor on May 24, 2012 and you visited that physician complaining of symptoms consistent with a stroke (loss of vision would be a symptom consistent with a stroke), then you may have a medical malpractice case worth investigating. 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. Click here for more information about me. Click here for more information about my firm. 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 More
It's hard to answer your question based on the facts that you provided. If you had the stroke prior to visiting the doctor on May 24, 2012 and you... Read More

i had minor surgey and was sent home the same day then went home and passed out i woke up at the hospital where i was in intensive care for days

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Over-medicating a patient certainly could be an event that was caused by negligence. The question will be whether this caused you a significant permanent problem. Medical malpractice cases are costly and time consuming and for the most part, lawyers only take them if they can prove that a patient suffered significant lasting harm from the negligent care. If you want to investigate the 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.   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 for more information about me. Click here for more information about my firm. 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 More
Over-medicating a patient certainly could be an event that was caused by negligence. The question will be whether this caused you a significant... Read More

If I went to a hospital and was misdiagnosed, do I have a claim?

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
A misdiagnosis is not always medical malpractice, and this might be that kind of situation since your symptoms could have been caused by a UTI and virus or gallstones. Nevertheless, if you want to investigate a claim, 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.  I think another obstacle to pursuing a claim on your behalf is that the case is probably not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of the medical negligence for the case to be financially viable. 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 for more information about me. Click here for more information about my firm. 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 More
A misdiagnosis is not always medical malpractice, and this might be that kind of situation since your symptoms could have been caused by a UTI and... Read More

Had cataract surgery and have lost vision due to infection. Still being treated but was told vision may or may not come back.

Answered 13 years and 7 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
Developing an infection from cataract surgery (endophthalmitis) is a known complication of cataract surgery. During surgery, administer antibiotic drops before during and after surgery to minimize the risk of surgery. If you didn't receive the drops, you may have a viable medical 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 More
Developing an infection from cataract surgery (endophthalmitis) is a known complication of cataract surgery. During surgery, administer antibiotic... Read More