Pennsylvania Medical Malpractice Legal Questions

You may have a case if your doctor did not properly screen you for what is called hypercoaguability (a tendency to develop blood clots).  Typically, diabetics and people on certain hormone replacements are at risk, altough there are other risk factors, such as history of stroke or deep vein thrombosis. A thorough review of the medical records would be needed to properly evaluate the claim.... Read Answer

If your last doctor, or another doctor can offer an opinion that Dr. A should have diagnosed the AVN then you have a potential claim against Dr. A. The statute of limitations in Pennsylvania for medical negligence cases is two years from the date of the alleged negligence. Under a strict application of the statute of limitations, you would have two years from the date on which Dr. A missed the AVN.  However, Pennsylvania applies the "discovery rule" in medical negligence actions. This means that the statute of limitations does not begin to run until you knew, or should have known of Dr. A's negligence.  In other words, the statute of limitations will run from the date when a subsequent doctor told you that Dr. A missed the AVN.... Read Answer

You may have a medical malpractice case if you can get another surgeon to say that the interior (It sounds like nerves) should have been repaired when your fingers were re-attached.  Any time a limb or exremity is cut, there is always associated nerve damage which, if not repaired, will impair the function of the extremity.... Read Answer

It sounds like the gastroenterologist perforated your colon during the colonoscopy. Perforation of the colon during a colonoscopy is a recognized risk associted with the procedure and is, therefore, not considered negligence by itself.  However, it is negligent if the doctor fails to recognize the perforation immediately, did not repair it then, and discharged  you while still bleeding.... Read Answer

You may have a medical malpractice case against the surgeon who implanted the hip. If we can get another orthopedic surgeon to say that, based on his/her review of your medical records, the doctor was negligent, then you can sue. That is, of course, the beginning, there are other issues that we consider such as the amount of damages (pain and suffering) and money spent as a result of the doctor's negligence.   Ryan Smith.... Read Answer

Whether you have a case depends primarily on the outcome of your treatment and the extent to which your course of medical treatment was adversely affected by the delay in diagnosis.  It is possible that the misread was innocent, but more often such misreads of the injury you describe are malpractice. ... Read Answer

The most important thing to do is call an attorney who specializes in these types of cases immediately.  He or she will most likely ask you to collect all of the medical records and reports together and then schedule an appointment.  You should do this at once since there are specific and limited statutes of limitations, which are deadlines to file a lawsuit and these types of cases may take up to six months to even investigate.   Scott Cooper scooper@schmidtkramer.com 717-888-8888... Read Answer

You may have a malpractice case worth investigating. Infection cases are difficult because of proximate cause questions. Assuming you can prove that the infection should have been diagnosed earlier (it sounds like you can), the question in the case will be whether earlier intervention would have resulted  in a different outcome. Given the high stakes involved, I think most medical malpractice attorneys would open a file and investigate the records. If you do want to investigate pursuing the 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 would like help locating someone or you have additional questions, please feel free to contact me.  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 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

It is hard to answer your question because you don't provide a lot of facts but I am guessing the anesthesiologist injured your femoral nerve either during administration of an epidural or due to positioning. Either way, if you have a permanent injury you probably have a medical malpractice case worth investigating. If you do want to investigate pursuing the 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 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

It is hard to answer your question because you do not provide sufficient details. I assume you had cervical spine surgery and you are not satisfied with the outcome. If you are not getting straight answers to your questions then you have reason to be suspicious. Click the articles below for more information about this.  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. 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

It is difficult to tell you how strong a case you have, but if the doctors in Boston are telling you that something wasn't on that should've been done in this caused your body to reject the kidney, it sounds like you have a case worth investigating given the stakes involved. If you want to investigate a malpractice case you should contact a medical malpractice attorney in Pennsylvania.  Malpractice attorneys 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. If you want further suggestions about an attorney, you may email me directly.   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 article 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 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

I am sorry to hear about your bad experience.   Most states have very strict requirements regarding medical malpractice cases and make it very difficult to sue a doctor or hospital.  You must show that the standard of care was violated that that caused you severe damages.  If your damages are minor, then it is likely something that would not be practical for a medical malpractice suit.  This is because of the difficulty as well as the costs and time it takes to litigate a medical malpractice case.   However, regarding the issue of paperwork and other information being disclosed to others, you might want to look into a HIPPA violation complaint.  Please see this link for more information:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/ 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 Answer

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually 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 medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this 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.  Sometimes, you can find an attorney who specializes in dental malpractice cases. Do a Google search or use this website to find someone in your state who can help you. Because some attorneys specialize in one particular area, they are more "geared up" and can prosecute these cases more efficiently.  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 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

Since I do not have all the details regarding your potential case and since I haven't talked to the law firms you have discussed this matter with, I can't completely answer your question.  However, I can tell you that medical malpractice cases are very difficult to pursue.  They cost a very large amount of money to litigate and many states require that you hire an expert witness (usually another doctor) to testify on your behalf and against the doctor you are suing, even before you can file the lawsuit.  Many doctors don't want to testify against other doctors and all expert witnesses are paid and their rates can be in the $1,000's.  In addition, many juries do not want to convict a doctor of medical malpractice. They feel that doctor's are "do gooders" and they save and help people and they do not want to punish them.  This makes verdicts in favor of plaintiffs pretty rare these days.  Thus, it may not be that the law firms are "afraid" but rather that they feel that the hurdles of medical malpractice cases and any potential negative aspects of the potential case outweigh the likelihood of a favorable verdict.  The liability in these cases has to be very clear and the damages extremely high in order to find an attorney to jump into a medical malpractice case. Also, you might have a statute of limitations issue.  I can't say for sure because I do not know the date of your incident and am not familiar with your state laws, but you likely have two years to file a lawsuit. Sometimes this amount of time can be longer or shorter, depending on your specific state laws.  So, if you are close to your SOL expiring, then another attorney might also find this to be a negative aspect of the case.   Also, some of the law firms or attorneys might have a conflict of interest.  They could know the doctor (family or friend, or it could also be their doctor) and thus, they might not be able to take the case because of that issue.  Finally, there might be some negative facts surrounding the potential case that are dissuading them.  I hope this helps explain.  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

You can look into filing a HIPPA complaint.  See this website:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html 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

It is hard to answer your question in the absence of facts, but it sounds like you experienced an unexpected outcome. If you are not getting answers to your questions, it might have been malpractice. See articles below for more about that.  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, and touches on the idea of an unexpected outcome.    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

Please look at this website on how to file a HIPPA complaint:   http://www.hhs.gov/ocr/privacy/hipaa/complaints/ Due to the high costs and expenses of litigation, HIPPA violations generally are not grounds for a lawsuit.  However, you can file a complaint at no cost (see the above link for a complaint form and information on how to file a complaint). 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 Answer

Obvioously, you have reason to suspect that you received negligent surgical care.  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

Hi.  You should consult the contract that you signed when you first hired the attorney.  It should outline all of his fees and what y'all agreed on regarding additional expenses. I can tell you that our firm works on a contingency fee basis, but expenses (like fees for copying, postage, legal research, etc) do come out separately.  So our breakdown would show the contingency fee percentage we agreed on with the client plus any additional expenses (like fees for copying, postage, legal research, etc.).  The attorney should give you a breakdown.  We call that at our office a disbursement statement which outlines the recovery, fees and expenses, leaving the total amount that you will recover.   The attorney should not refuse to give you a statement of that nature.  I hope this information helped.  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 Answer

You may have a case, but you are going to have to overcome a statute of limitations defense.  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. 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 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 were aware that you were injured in the course of medical care when the injury occurred and the injury occurred April 25, 2011 and you were not a minor when the injury occurred,  then the general 2 year statute probably applies and bars any action if suit has not been filed. There are limited exceptions which might apply.  You should present the matter to an attorney to learn whether any exception might apply.  You have not presented sufficient facts for me to say more.... Read Answer

These cases are very difficult and while I have reviewed several I have never litigated any. The reason is that sciatic nerve damage can happen in the course of hip surgery in the absence of negligence. After a patient is sewn up, it is difficult (but not impossible) to pinpoint the source of the injury.  To tell you whether you have a case, an attorney would have to look at the records. 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

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually 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 medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this 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.  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

In short, in order to have grounds for a medical malpractice case, you must prove that the nurses conduct was below the standard of care and caused damages.  The damages must be pretty high to have a valid and successful malpractice suit.  This is because most state laws make it very difficult to sue doctors, nurses and other health-care providers.  So, is the nurses conduct had some serious side effects on your husband or daughter or caused significant damages, then it might be worth pursuing or looking into further.  Hopefully that is not the case, and everyone is fine.  In addition, most states require that you hire an expert witness who is willing to testify against the health-care provider before you can even file the lawsuit.  If you are interested in pursuing the matter further, I recommend you contact a local attorney in your area who advertises that they practice medical negligence/malpractice.   You might also consider filing a complaint against the nurse.  Here is some additional information on that:    https://www.ncsbn.org/163.htm  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 Answer