Pennsylvania Medical Malpractice Legal Questions

I’m sorry you’re still in pain. A pressure sore on the tongue and a persistent sore throat that began right after surgery may point to a complication from intubation or another aspect of the procedure, but proving malpractice requires more than showing you’re still hurting. You need evidence that the surgical team deviated from accepted standards of care. Begin by consulting your surgeon or an ENT specialist for a thorough examination and documentation of your symptoms. Request copies of your operative report and anesthesia records as well. If another doctor confirms the injury was likely caused by improper intubation, positioning, or post-operative care, bring those records to an attorney. In Pennsylvania, you generally have two years from when you knew or should have known something went wrong to file suit, but an attorney will need time to obtain expert reviews before proceeding. In the meantime, focus on treatment to prevent further damage and to ease your pain. Also, pursue medical documentation that could support any potential claim you might pursue later.... Read Answer

I’m sorry you’ve been treated this way. To pursue a malpractice claim, everything starts with documentation. Request your complete medical records from the hospital and EMS provider in writing. They’re required to give them to you. Once you have the records, schedule an appointment with an independent neurologist or spinal specialist to evaluate the pain you describe. Their exam and imaging can confirm whether the original care fell below the accepted standard and caused lasting harm. If that evaluation supports what you’ve experienced, bring the records and new findings to a medical malpractice attorney as soon as possible. In the meantime, you can also consider filing a written complaint with the hospital’s patient advocate office. Taking these steps will create a clear paper trail, help safeguard your health going forward, and provide a malpractice lawyer with the necessary information to assess your claim.... Read Answer

Yes, what you’ve described could potentially be considered medical negligence or even grounds for a medical malpractice claim. Informed consent is a fundamental part of medical care. Patients have the legal right to know what procedures will be performed on them, the risks involved, and the alternatives, unless it's a true emergency situation. If a retina specialist performed surgery without explaining what was being done and then failed to disclose complications like infections or the need for emergency follow-up procedures, that could violate both legal and ethical standards. Medical malpractice claims typically require showing that the doctor breached the standard of care and that this caused harm. A lack of informed consent, undisclosed infections, and refusal to explain the care provided could all support that argument. It would be wise to contact a medical malpractice attorney as soon as you can. They can review your medical records, assess whether the doctor’s conduct violated your rights, and help determine if you have a case.... Read Answer

There are 2 issues: 1) medical malpractice 2) personal injury.  The former claim exists if the medical practitioners at the first hospital were negligent.  It certainly seems that way, but you should speak to a personal injury attorney promptly to seek a medical opinion as that is required to proceed.  Similarly, a personal injury attorney can help your nephew explore potential recovery from the person who hit him. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.   Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

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

You do not present a sufficient number of facts for any assessment to be made as to whether you suffered harm because of a needless mistake, where the mistake itself should not have occurred. Diseases affecting the kidneys can result from appropriate medical care. You seem to be complaining that you were unaware that you were at risk for kidney injury because of having an operation performed. As you do not present sufficient facts to permit me to understand how your lack of understanding the risks because you to suffer harm. Informed consent cases in Pennsylvania are especially difficult because of the standard of proof required by statute. If you are asserting that had you known of the risk you would not have consented to the surgery, even if true, does not form a basis for recovery under Pennsylvania law. Instead it must be the case that no reasonable person in your circumstances would have considered the risks that were not disclosed as a substantial factor in deciding to have the surgery performed. The standard is not subjective. It is not based on a given individuals unique circumstances. Would a reasonable person in your circumstances including the reasons why you wanted to have a hip replacement down, forego the surgery and the painless mobility it would likely provide, if they knew about the risk of renal injury. It sounds. Though you are confronted with a serious question as that you should call this to the attention of the lawyer experienced in managing medical malpractice claims.... Read Answer

You apparently have a condition known as lumbarization of the sacrum. If on the plain x-ray you have what appears to be 6 lumbar vertebra instead of 5. This does not represent a disease entity. The fact that you had records describing 6 lumbar vertebra and elsewhere you are said to have 5 lumbar vertebra, is of no consequence unless it believes a surgeon to mistakenly operate at the wrong level. You do not hear described as having occurred. A medical malpractice claim is only proper if a health care provider because of a mistaken assessment causes you harm. Instead of assuming that something improper has occurred, you should simply discuss the matter with your primary care physician.... Read Answer

it is improper to discontinue this drug in the manner you have suggested.  This conduct substantially increased the chances of an severity of the anticipated complications. I would have to learn more details in order to determine whether the claim would merit further investigation. You should obtain a copy of the prescribing doctor's office record and a copy of the record where you were treated. If you have those records in hand a lawyer in your jurisdiction experienced in handling medical malpractice claims should be willing to investigate the matter on your behalf... Read Answer

yes a suit may be appropriate where there has been an unjustified delay in the diagnosis of a spinal infection. Osteomyelitis can lead to septic arthritis of the spine. The degree to which you have suffered harm in assessing a potential claim would depend upon a careful review of images and medical records by a lawyer having experience in the litigation of medical malpractice claims. You should contact a lawyer with such experience in your jurisdiction. You may well have a deserving claim.... Read Answer

You need to find out the BRAND of mesh used. However, due to the long period of time that has passed, it is unlikely that the hospital still has those records.  If you are able to find out the brand name of the mesh, then you can see whether that manufacturer is being pursued in any mass tort litigations.  Good luck.... Read Answer

Patsy, there are many firms handling the PPI cases in Pennsylvania but you very well may have a statute of limitations issue since you were diagnosed so long ago.  My advice would be to reach out to one of those firm ASAP to see if you still have time and whether the facts of your case qualify. Good luck,... Read Answer

A medical malpractice lawsuit against your doctor would be very difficult. Until late 2014, Tramadol was not a controlled substance. Your best option would be to join a class action against Ortho-McNeil for not providing the FDA with a complete picture of the risks of this medication when it was originally approved for sale in the United States. Visit our website for more information on dangerous drug lawsuits. ... Read Answer

You may well have a claim that would be recognized in Pennsylvania. You failed to provide any facts that would permit me to specifically comment on the nature of the negligent medical care provided. The kind of injury you describe has been known to to occuroccur with wisdom teeth extractions. Loss of nerve function is often preventable. Whether it should been prevented in your care depends on the specific facts or your case. You do not indicate the particular area of the state where this incident occurred. You should feel free to contact a lawyer familiar with medical negligence claims in your jurisdiction. If you reside in Western Pennsylvania feel free to call my office.... Read Answer

Whether you have a claim depends entirely on the facts surrounding your decision to have a tubal ligation.  Important facts include such evidence as would support the proposition that in future you might want children.  How many children you presently have, whether you are married, and the facts related to what reasonable expectations you had based on what you were told about the surgery Dr. was about to perform.  Sterility in a person who is childless or has one or 2 children may be a serious matter.  A jury would also be impacted by whether you are now or likely in the future to be in a position to raise further children.  No tubal ligation guarantees the possibility of successful restoration of fertility in future.  Some types of tubal ligation are far more likely to result in permanent sterility than others.  Another problem is that some might question the sincerity of your desire to remain fertile.  A pursuit of a case on your behalf would raise challenges.  A further assessment would require facts I have not been presented.... Read Answer

In Pennsylvania we have a statute of limitations limits the time you have to file a claim in court.  In general, the 2 years from the time or should have known that you had been injured during the course of medical care.  The obstacle that you have to overcome is your failure to question the pain and your continued reliance on the original surgeon.  A jury might conclude that you went to the consultants that the defendant sent you to.  They might further conclude that you were not aware you had suffered an injury in the course of medical care until you were informed by the 2nd specialist.  You should contact a lawyer having expertise in the handling of medical malpractice cases in your jurisdiction.  Further facts have to BE evaluated in order to ascertain whether, on the facts as related by you and as contained in your hospital records support your continued reliance on the doctor who originally treated you.... Read Answer