New York Medical Malpractice Legal Questions

That the administration of the drug was contraindicated does not complete the inquiry as whether this is a viable medical malpractice case, as the issue of damages will also need to be examined. This would require a review by a qualified attorney. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read Answer

You can file a complaint with the State Education and Health Departments, which issue the licenses and are in charge of the discipline that may occur here- using a 'straw person' in a medical practice can lead to stiff penalties. That you report the potential illegal activity should demonstrate a sufficient basis to protect your license. However, before you report to the authorities, you may consider employing qualified counsel to protect your interests. Gerry Wendrovsky, Esq.- Upper West Side Business Lawyer www.upperwestsidelawyer.com... Read Answer

I would not stay with a doctor who is so unorganized that it takes three weeks to get a definitive diagnosis of an acute orthopedic injury. Medical practices like that are just minefields for malpractice. Hopefully you will get a definitive diagnosis and additional care will take care of all of your problems. If you are left with permanent problems as a result of the delay in diagnosis and treatment, you may have a malpractice case worth investigating. If after dealing with your medical problems 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 Answer

You may have a medical malpractice case against the doctors that delivered your grandchild. Me continue aspiration is a preventable occurrence that should never happen during labor and delivery. You should contact experienced medical malpractice attorneys without delay. Jeffrey M. Rich, Esq. www.richandrich.com Rich & Rich, P.C. Experienced Medical Malpractice Attorneys 212-406-0440... Read Answer

you may have a medical malpractice claim against the nurse and his/her visiting nurse company. it depends upon how he/she administered the injection and what his/her understanding was of the way to give the injection and where exactly to give the injection and finally the amount/dose injected. also depends upon what instructions, if any, you were provided with regarding what to look for in and/or around the injection site. please call us. thank you. anthony colantonio, md, esq. silberstein, awad & miklos, pc. WeDoPatientsRight.org 516-832-7777... Read Answer

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care 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 (in your circumstances a lawyer in Pennsylvania).  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. 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 Answer

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 Answer

I am sorry for your loss. There may have been medical malpractice because the cancer was not diagnosed and your husband suffered and required emergency treatment. if it had been diagnosed properly, it is possible that the emergency surgery and the pain/suffering could have been avoided. please call us. thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757... Read Answer

If your scoliosis worsened significantly from february 2013 to may 2013, then there may have been medical malpractice because treating you in february 2013 may have avoided worsening of the scoliosis and it may have led to better treatment results. please call us if you have further questions or concerns. thank you. Anthony Colantonio, MD, Esq. WeDoPatientsRight.org 1-855-832-5757... Read Answer

It is not a given that the failure to remove all of the foreign bodies was negligence. Beyond that, the mere fact that you will have to undergo another surgical procedure to cure the problem is probably not sufficient to make the case financially viable. A couple of articles below discuss that issue.  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 Answer

Blood clots following knee surgery are well known complication which should be anticipated. You woud expect when a patient complains of symptoms consistent with a DVT following knee surgery that the condition will be ruled out because DVTs can turn into pulmonary embolisms or strokes, which can be life-threatening.  You have not explained the outcome of the failure to diagnose the condition. If it was merely a delay in diagnosis and no additional harm occurred, you probably do not have a financially viable malpratice. If the delay resulted in complications that lead to a permanent injury, you should contact an attorney to investigate a case. 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 Answer

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you have PTSD, you may have a case. At face value, I don't think I would prosecute it due to issues of economic viability. Nevertheless, if you suffer lasting harm from a medication error, and you want to investigate a 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. 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 Answer

A 2 year delay in making a diagnosis of cancer  deprives that person of his or her best chance of long term survival.  When that person has a history of smoking, the risk of lung cancer is increased and therefore raises a doctor's duty to consider the possibilies. Back pain is a very general symptom and can be attributed to many things but a doctor learns in medical school to create a "differential diagnosis" which is simply making a list of possible causes for the sign or symptom and then ruling in or ruling out the most serious and life threatening possibilities first.  There are many possibilities suggested in this minimal fact patter you've provided. if you'd provide more specifics, such as what other complaintis were made, to whom complaints were made, what tests were done, and the stage of the cancer when diagnosed, this would help with understanding the possible issues. Charles Rock Law Offices of Charles N. Rock, PLLC (845) 566-9200... Read Answer

This may be medical malpractice but it would depend upon exactly what the follow-up surgery revealed and if the first surgery was performed negligently. This sounds like a devastating injury for you and should be investigated. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read Answer

This may be medical malpractice but it depends upon what exactly happened during the ear exam and if there was an injury to the inner ear or tympanic membrane. i would need to review the doctor's notes and follow-up care. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read Answer

This may be medical malpractice but it depends upon what the records show in your doctor's office chart about you. Such as when was the last EKG, what it showed, what were the opinions of previous cardiologists? The doctor should have done an EKG with the complaints that you had. I would need more information. Please call. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read Answer

This may be medical malpractice regarding delay in diagnosis of heart attack and unsafe discharge. It depends upon what the EKG showed at the first admission and/or if your wife had an infection at the first admission. I would need more information. Thank you. Anthony Colantonio, MD, Esq. SILBERSTEIN, AWAD & MIKLOS, PC. 516-832-7777. WeDoPatientsRight.org... Read Answer

Sorry to hear about what happened. Improper discharge from a hospital may be medical malpractice depending upon the circumstances. This may also be a Department of Health violation regarding an unsafe discharge and placing a patient at risk of their health or safety. Please contact me to discuss further. Anthony Colantonio, MD, Esq.... Read Answer