Medical Malpractice Legal Questions

If thats documented in writing with an expert, you simply need to retain a medical malpractice lawyer ASAP. IF thats simply an accusation, you will likely need to retain a medical expert to support such a claim first and must do so immediately as the statute of limitations for med mal claims are very short.... Read More

Hmmm.....this post raises numerous questions starting with what is meant by "lost control of you" during a surgery and "your arm got caught on something" ....., that you have brusing anc claims of fingerprints suggest some issue with restraining you. That this is followed by the odd characterization that "you feel violated" screams "buzz word accusation" to fit an agenda and raises further questions as to what actually happened that you shoudl feel "violated.". Whether or no there is some viable lawsut will revolve extensively around actual damages caused by the "losing control of you" and speicially what that entails. "Feeling violated" in a vacuum is simply not enough damages to support a viable med mal claim, unless you were willing to put up the tens of thousands of dollars in costs and legal fees to pursue such a claim rather than expect a contingent fee. ... Read More

Press charges for what? There is no criminality here. You are clearly unhappy with the OB and made a change to a new one. Typically the new physician will request records from the old one as this will often occur without you paying pricey copy charges. You can work with the new OB to address that issue OR you can file a AHCA/DOH complaint if the old OB wont give you records even if you agree to pay for them at the statutory rate. ... Read More

While it may have happened as you described - most people will not belive that you told a doctor you smoked a few puffs of weed and that he said he would make a note of it, and its "ok" for several reasons. One such a statement is as believeable as clamining you didn't inhale or THC in your system is secondary smoke. Smoking weed is typically lifestyle and that absent a college dorm party - a few puffs is lilkely code for " I smoke weed regularly" much like people always claims 2 beers is what they had in a DUI, because one wont be believed and 3 means step out of the car. That stated, depending on the length of time passing for the prescriptions, I suspect there may have some OTHER issues in the blood run, such as the amount of THC not being consistent with a single "puff" a week prior or some other drug use issues. Regardless, there isn'ta remedy here because if you should not have be given the pain meds - you were lucky you did and can't cry foul they don't continue what you shouldn't have gotten to start. ... Read More

I'm sorry to hear this happened to your wife. You can report a HIPAA violation here:  https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf However, there is no right to sue for damages for HIPAA violations.  You might be able to file a suit under a violation of privacy type of theory but it is often difficult to prove any resulting damages. There are practical considerations as well.  Does your wife have an ongoing physician patient relationship with this doctor and if so, do you want to risk harm to the releationship?  Also, I think you can expect the doctor to say that if your wife did not want these things to be discussed in front of your friend, she should have asked him to leave the room.  However, it sounds like your wife may not have had an opportunity to stop him before the cat was out of the bag. As always, the answers I'm giving here are based solely on the limited information I have so it would be best to have a formal consultation with someone specializing in this area of the law. Chris Hoffman Hoffman, Sheffield, Sauseda & Hoffman, PLLC 303-333-2200 www.hsshlaw.com... Read More

Assuming this happened less than 2 1/2 years ago, you might have an action for medical malpractice if you can prove, based on your daughter's medical records from before the first surgery, that the first hernia was the same hernia as the one that was allegedly removed by the first surgeon. You'd need a surgeon's testimony, based on a review of your daughter's records, in order to prove this.  ... Read More

In order to determine whether your first doctor committed medical malpractice, your colonoscopy records need to be reviwed by another doctor- and the best place to start is the second doctor.  I am curious what kind of doctor performed the colonoscopies- it's best to have it done by a gastroenterologist, but sometimes general practitioners or general surgeons do the procedure, as well.  A colonoscopy is a diagnostic test and if necessary, surgical procedure. Any polyps that are found can be removed during the procedure. To prove medical malpractice you need to prove that the first doctor made a mistake or omission and in doing so violated the standard of care for his specialty, and that this mistake was the proximate cause of your injuries, which were 2 1/2 days in a hospital, and a second colonoscopy. It sounds like the first doctor botched the polyp removal, causing your bleeding- there wouldn't be an incision- but the second doctor- or any good gastroenterologist- is the best one to explain what might have happened, after reviewing your records.  ... Read More

Get into therapy immediately and make sure you keep your appointments. If your doctor feels you need treatment for 90 of the first 180 days after the injury and you get the treatment for 90 days, that is strong evidence of a serious injury under the law. A "serious injury" is defined under the insurance law as the inability to perform substantially all of the material acts constituting your usual and customary daily activites- whether or not you eventually recover. Something seems to have gone seriously wrong here, and you should pursue this. It's not clear whether this is medical malpractice or negligence, but the latter has a three year statute of limitations and the former has a 2 1/2 year statute of limitations to start a lawsuit. ... Read More

Unless you are a legal guardian over your sister - there is no US it it only HER. It is HER case with HER lawyer and you need to be sure you are not interfwering (even with the best intentions) as you will most likely create a controversy that may be unnecessary and avoidable. There are MANY benefits to an injured party structing a settlement or part of it but this would be addressed with the lawyer and possibly a financial advisor and the client. ... Read More

Medical malpractice cases are nearly impossible to pursue and win in Wisconsin anymore. There are many reasons for it. I wrote a blog at our law firm's web site on this very topic. The Milwaukee Journal-Sentinel did  an article as well about a year or so ago that you can google and read. If you feel strongly that you were harmed, gather up all of your medical records and sit down with a medical malpractice lawyer to see if you have a case. If they think you have a viable claim, they will hire an outside medical consultant to review the records to determine if you have a case. The statute of limitations is THREE years in Wisconsin to sue for malpractice from the date of the occurrence. Faillure to file a lawsuit within three years, would forever bar the claim.... Read More

Medical malpractice cases are nearly impossible to win in Wisconsin. I wrote a blog at our law firm's web site on the difficulties of pursuing such a case. The Milwaukee Journal Sentinel did an excellent article pointing out the difficulties in an article last year or in 2015. You can google to read it. If you feel strongly that you were harmed, gather up all of your current and prior medical records and have them reviewed by a malpractice lawyer. They will review the file and if they deteremine there is some viability to your claim, will hire an outside medical doctor to review the records to determine if there was malpractice. Keep in mind that 9/10 cases that are pursued, wind up with a defense verdict for the hospital or doctor. The statute of limitations for suing on medical malpractice in Wisconsin is three years from the date of the occurrence. Failure to file the lawsuit within three years, would forever bar your claim.... Read More

Medical malpractice cases in Wisconsin are nearly impossible to pursue and win. I wrote a blog on the difficulties of pursuing a medical malpractice case last year at our web site (law firm) under personal injury issues. The Miilwaukee- Journal Sentinel also wrote an excellent article on how medical malpractice cases are basically extinct in Wisconsin. The statute of limitations is three years to start a lawsuit from the date of the occurrence or your claim would be forever barred. I am sorry what happened to you, but unless you sustained some type of permanent and viable damage as a result of the treatment, I wouldn't see this as an actionable case. ... Read More

Being inconvenienced or being treated rudely, doesn't rise to the level of an actionable legal case. I am sorry for how you were treated, but I don't see this as a viable medical malpractice claim. If you are unhappy about what occurred, you should consider writing a letter to the medical provider so they know what happened.... Read More

Dear Ms Jones, From your description, it sounds as if you have a case.  By not removing an ovary that should have been removed, the physicians exposed you to an unnecessary risk of cancer recurrence and additional surgeries you would not have had to undergo.   Regards, James Karamanis ... Read More

In my oppinion you do not have a case.  I don't see any damages.  I don't see how you were harmed.  I would imagine that its probably standard procedure for blood tests to cover any number of concerns that most people are unaware of. Moreover, when your blood was taken at whatever phlebotomy lab you visited, there would have been standard disclosures including a checklist with various items checked off showing what was being tested for.  I find it remarkably unlikely that any Quest Lab or similar outfit would fail to protect themselves from any liability.  It is much more likely that you signed and overlooked that checkbox. Regardless, I don't think you have a case.... Read More