Pennsylvania Medical Malpractice Legal Questions

Your mother may have died as a result of medical malpractice.   unfortunately, you have provided inadequate facts in order for me to reach a more definite conclusion.  The standard of practice requires for a patient receiving Coumadin to be tested frequently in order to assure that the level of anticoagulation is therapeutic and not in excess of that needed.  It is common practice if a patients INR on a particular dosage of Coumadin is stable to extend the time between testing.  The timing of your mother's testing and whether it was appropriate depends upon whether she was in fact stable or not.  You also have omitted information concerning the type of cancer your mother was suffering from, the stage of the disease and her prognosis.  These are factors that are important to the decision of whether it is practical to pursue a legal claim for medical malpractice.  It is important that you of obtain the services of an attorney experienced in handling medical malpractice claims of this type.... Read Answer

The statute of limitations in  a medical malpractice claim is typically 2 years from the date of the negligent act. Although this statute can be extended by application of what is called the "discovery rule", it frankly does not seem that that rule applies in your situation, although I would encourage you to speak with a lawyer and give him or her all of  the facts. If you were a minor at the time of the surgery, the statute of limitations would expire two years after your 18th birthday (on your 20th birthday).... Read Answer

We are handling several of these cases and would be happy to discuss your case with you. You can reach me at the number and/or email below.  Thank you, Nick Deets. Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com  ... Read Answer

It sounds like you had cancer, which was the cyst. If she cut the cyst and then removed the ovary, that should have taken care of the problem of potential seeding to the remaining ovary. It is a leap of faith to conclude that the cancer in the second ovary was the result of the surgery. As a practical matter, I think you are going to have a difficult time finding an expert who will agree with that proposition. Dysgerminoma can recur in the absence of negligence. When it does, it is usually at that point when chemotherapy is employed if it was not used in the first round of care.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Assuming that you verbally told the dentist that you were allergic to the antibiotic, and that allergy appeared on your medical history, you DO have a claim against the dentist who prescribed the antibiotic. The law in Pennsylvania is that it is negligence to administer a drug to which a health care provider knew or should have known his patient is allergic. You would be entitled to recover all economic losses, including lost wages, as well as for your pain and suffering and any permanent medical conditions resulting from the organ damage caused by the antibiotic,... Read Answer

Yes, the fact that you have moved has no bearing on whether you may bring a lawsuit. Because your daughter is still a minor, you may still file suit on her behalf for medical negligence regarding her birth in Ohio and, potentially because of diversity of citizenship (you now reside in Pennsylvania and the hospital is in Ohio), in district court in Pennsylvania.... Read Answer

Generally, infections that are acquired in hospitals are not the basis of medical negligence claims, largely because infections can result in even where a hospital takes all necessary precautions. In other words, the possibility of infection can never be completely eliminated, and therefore it is typically impossible to prove that the infection was not simply the result of a "recognized risk". However, there are certain circumstances in which an infection can be directly traced to a negligent practice, or where a negligent delay in the diagnosis of an infection occurs. A claim may be possible in those situations.... Read Answer

In certain life-threatening situations, a hospital must trat a patient even if that patient has no medical insurance coverage. In your situation, your question implies that you do not feel you got proper attention because you had no insurance. While that may well be true, unfortunately, missing the diagnosis of lung cancer for a month is unlikely to have any effect upon how the cancer is treated.... Read Answer

In Pennsylvania, a person may bring a claim against a physician for the physician's failure to fully explain the material risks of a procedure. Lawyers who practice in this field are generally very reluctant to take cases based only on a failure of informed consent because it usually becomes a situation wherein the client testifying that the physician did not inform him or her of the risks, and the physician testifies that he or she did so inform the client/patient. Unfortunately, in the vast majority of cases, juries believe the doctor. However, based upon the nature and extent of your injuries, and what the records may reveal, I personally would consider such a case.... Read Answer

If, indeed, physicians failed to recognize sepsis, and there were sufficient signs and symptoms that a reasonable physician would have recognized the condition, the Estate of your mother may have a claim. However, in order to evaluate the case, an attorney would need to obtain the medical records, and the records will only be released to an executor or administrator (or their attorney) after an Estate is opened. Therefore, if you want to have a medical malpractice claim evaluated, you will need to take action to open an estate.... Read Answer

It is impossible to say whether you have a medical negligence claim or not based upon the information you have provided; however, it can certainly offer the opinion that you may have a medical negligence claim, and I think it would certainly be worthwhile to obtain the medical records and review them.... Read Answer

According to the Pennsylvania State Board of Medicine, the doctor cannot withhold your medical records for failure to pay for professional services.   The FAQ's on the Board's website states: "Prior payment for professional services may not be required as a condition for making the copies available."  See, http://www.dos.state.pa.us/portal/server.pt/community/state_board_of_medicine/12512, then click on FAQ's and see question and answer number 22.   The website and FAQ's will also have helpful information regarding how to file a Complaint, if you decide to do such.   In addition, HIPAA laws also prohibit medical providers from refusing to give you medical records for non-payment.  See, http://www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/medicalrecords.html.  I recommend you make a formal request, in writing, including a timeframe for the records you want.  Also, you can request the records to be certified, but that will cost a bit more.  Likely an additional $25.   However, that would "certify" that the records are complete.   The doctor's office can charge you a reasonable fee for making copies, etc. of the records.  In your formal request, you should states that both your State laws and HIPAA regulations prevent the denial of these records based on non-payment.   If you still get denied, it might be time to contact a local personal injury attorney.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client privilege exists or is formed by this response. ... Read Answer

The issue may well be whether your husband followed up with anyone after he went to the urgent care facility. It is very difficult to determine when the foot became infected, but you are correct, it certainly should have been treated. Your question seems to imply that your husband may not have seen anyone for one month. If that is true, his case would be most difficult.... Read Answer

I am assuming that the vaginal cuff has been repaired and the infection has cleared. Without offering an opinion as to ay negligence, because that is an issue which would need to be addressed by a physician, if you have fully recovered it is likely that the cost of obtaining experts would make a medical negligence claim financially unfeasible.... Read Answer

Any person may have an allergic reaction to any drug, so the mere fact of an allergic reaction does not give rise to a right to sue. However, when a health care provider is, or should be aware that a person is allergic to a particular drug, and administers it in the face of such actual or what the law calls constructive ("should have known") knowledge, the health care provider is likely negligent. If a claim is made against the health care provider, and the provider refuses to settle the claim, the financial wisdom of a lawsuit really depends upon the degree of the injury to the person who had the allergic reaction. Since Pennsylvania requires the party filing a malpractice claim to have the report of an expert in hand (and that requires the expert to be paid to review the records and write the report), unless the injuries are relatively significant, a lawsuit may not be worthwhile.... Read Answer

You may have a case, but here is the problem: You would be limited to suing for the amount of the operation. Your anxiety and concern (and, as a dog owner, I understand that), is not compensable. In order to bring a claim against the vet, a veterinary malpractice case, you would need to hire a vet to write a report and ultimately testify that the vet was negligent. That will cost you a fair amount. Ultimately, you may not recover much more than you spend.... Read Answer

I am sorry to hear about this. If you do not want the person you listed as your "contact person" to be contacted regarding your medical appointments, then I recommend you remove that contact person from your medical records and do not list them.  If you do not want them to contact anyone, I recommend informing the heath care provider of such and asking them to put a note on your file.  For more information on whether this incident could be a HIPAA violation, I recommend visiting:  http://www.hhs.gov/ocr/privacy/hipaa/complaints/. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read Answer

I am assuming from your question that you have consulted with lawyers who have informed you that because your tumor has been successfully treated, your damages do not warrant a medical malpractice suit. This is probably true, although there may be some damages asociated with the delay in diagnosis. I do suspect that the multiple MRIs that you speak of would have been necessary even if the original MRI had not been misread.... Read Answer

Whoever is executor can file a claim on behalf of the estate. The fiance will probably not have any right of recovery, but the children will.  You should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  They will help you get a person appointed as executor so that a case can be filed. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. 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 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. ... Read Answer

You would not expect a dropped foot following an epidural procedure in the absence of nerve damage, so it sounds like you have a case worth investigating.  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