Michigan Medical Malpractice Legal Questions

I am sorry to hear about this.  The question is whether you were caused any actual harm as a result of the medication being set at a higher dose.  If you were not  harmed or only "could have been" harmed, then you likely do not have a case.  Medical malpractice cases are extremely difficult to prove in court and usually you must have pretty severe damages to move forward with a medical malpractice case.  In addition, you would likely need to employ an expert witness (usually another doctor or nurse) to testify on your behalf stating that the nurse's conduct was below the standard of care and that your injuries were a result of such.  Expert witnesses can be very expensive.  If you were harmed as a result of the nurse's conduct and would still like to pursue such, I recommend you request your medical records from the visit and any other health care visits (like hospital or clinic) that you incurred as a result of the harm and start contacting local medical malpractice attorney's in your area.  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 can't tell you whether you have a viable malpractice case given the absence of facts set forth in your question. To the extent that any medical provider is intentionally miss treating patients, they are obviously preaching accepted standards of medical care. The question, however, is whether what they are doing is going to result in lasting harm. If it does not result in lasting harm that you probably do not have a financially viable malpractice case. You should consider contacting the patient advocate at the hospital where you're getting dialysis and reporting the behavior. 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 is difficult to say whether you have a malpractice case without looking at the records. Obviously, the fact that the partial knee replacement failed so quickly after surgery raises questions about whether it was performed correctly. At the same time, partial knee replacements can obviously failed in the absence of negligence. A bigger question is going to be where the next surgery leaves you. If you are in the same position that you would have been physically following a partial knee replacement then there will be a question about whether the case is financially viable. If you came to me, I would recommend that you deal with the next surgery and then evaluate a possible malpractice case after you have a better idea where you will be medically. Of course, you have to be mindful of 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. 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

You may have a medical malpractice case although I suspect that it will be defended by arguing that the outcome was a risk inherent in the procedure. You may have a failure to give informed consent case if he failed to warn you about the possibility of nerve damage prior to the surgery. 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. 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

If your grandmother has fully recovered, there isn't enough in damages. In addition, Michigan has a cap on non-economic damages. This makes cases without lost income or major future medical care very difficult to pursue. 7.5 mg of Coumadin is a high dose and the INR should have been checked every few days at the outset of therapy. There is negligence here, but it would be a difficult case because of the lack of permanent injury.... Read More

You may have a medical malpractice case, but the mere fact that the second surgeon caught something the first surgeon missed does not  necessarily mean that the first doctor was negligent. This is especially true if the radiologist interpreting the films did not mention the ACL tear.  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

Plastic surgery malpractice cases are difficult, but if the doctor represented that he was going to do something and he failed to but charged you anyway, it sounds like you have a viable breach of contract claim.  If you do want to investigate pursuing the case, you should contact a local attorney (one in your state).    ... Read More

It is possible that you have a medical malpractice case worth investigating if you can establish that there was no good reason to take your mom off of the medication, and this caused her harm.  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

I am sorry to hear about this.  I think the best thing for you to do would be to file a complaint with the state board of medical licensure.  For more information about how to file a complaint in your state check out this website:  http://www.michigan.gov/lara/0,4601,7-154-35299_28150_27647---,00.html Hope this helps! 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

Some biliary stents are inserted and are not removed for a long period of time.  Therefore, the fact that a stent was left and is not necessarily negligence.  If you want to investigate a medical malpractice 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.  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 am sorry to hear about this.   The issue is going to be whether the first doctor's conduct fell below the standard of care for this type of procedure.  In order to prove this, an expert witness will likely need to be hired, which is usually another doctor willing to testify against the first doctor.  It sounds like your second doctor has already essentially stated as much.  I would ask the second doctor if he thinks that it was below the standard of care and if he would be willing to assist  you if you pursue an action against the first doctor.  If the second doctor is unwilling, you can still hire an expert witness who has not treated you to testify as such, if you can find one to come to such a conclusion.  I would go ahead and request the medical records from the date of the surgery to present from both doctors and start calling attorneys in  your area who handle medical malpractice cases.  Tell the attorney that you have the records (or have requested them) and would like a consultation (most are free).  You should also become familiar with your medical records.  Please note that you are likely limited to a 2 year statute of limitation in which to bring this action, however, a local attorney in your state can help you better determine this time limitation and any other specific state laws which may impact your potential case.  Please also note that most state laws make it very difficult to sue a doctor or other health-care provider.  These cases are difficult, time consuming, lengthy and expensive, but not impossible.  Your damages must be high and the liability clear.   Thus, I recommend you start consulting attorneys in you are still interested in pursuing this potential case.  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 mother.  What you need to do is start contacting local medical malpractice attorneys in your area.  You could also start doing research to determine how a blood clot affects someone with pneumonia.   The lawyer will probably want to see your mother's medical records so if you can, go ahead and request those.  The hospital may not allow you to get the medical records if you do not have a power of attorney or if you are not the next of kin.  This will likely depend on your local laws and other details. Find out if you can request them.  If not, you may have to have an estate opened on behalf of your mother..  This would likely need to be done by an Estate attorney.  The medical records, autopsy report, and death certificate are going to be important so be sure and keep track of these and show them to any attorneys you meet.  Medical malpractice cases are very difficult, time consuming and expensive, so I do recommendation  you seek the advice of a local attorney who is willing to review the details of this potential case.  Note that most consultation are free.  Also, note that you are probably limited to a certain number of years in which you can bring action against the hospital or health-care provider so be sure and seek the advice of a lawyer on this issue as well. 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

If the Dr. really performed unnecessary surgery and you can prove that then you have a cause of action for medical malpractice. Depending on the nuances of state law you may also have a cause of action for battery and fraud. you should contact a local medical malpractice attorney.  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. 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 am sorry to hear about this.  I think that you should consult a local attorney as you may have a medical malpractice suit against the ENT doctor or health care provider.  I would go ahead and request the medical records from the ENT office, the hospital or clinic of where the procedure was done, from your dentist and any other doctor or health care provider who has treated you relating to this.  This process may take some time but I would go ahead and request them and then start calling local personal injury/medical malpractice attorneys in your area.  Medical malpractice cases are usually difficult to prove because most state laws make it hard to sue a doctor or other health care provider.  Thus, there must have been a breach in the standard of care in order to pursue a case.  In order to prove such, an expert witness must be hired or consulted.  This makes these cases expensive and time consuming.  Based on all of that, an attorney usually wants to review the records to see if they can identify a possible breach in the standard of care prior to accepting a medical malpractice case.  Also, you are likely limited in the amount of time you have to bring a cause of action. It is likely 3 years from the date the nerve was touched/cut.  A local attorney can also help you determine this more accurately.  I hope this information helps.  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 information.  ... Read More