Medical Malpractice Legal Questions

First of all, you wrote that he told the staff he needed to step outside for fresh air. Nobody sent him out. He should've stayed where he was. The hospital staff was under no obligation to restrain him. They did nothing wrong. Second, it's too late. The statute of limitations for medical malpractice is 2 1/2 years from the time of the malpractice. If you sued on a theory of negligence that's 3 years, but it's still too late. I'm sure you've already heard this from other lawyers. Let it go. It's too late, and the hospital did nothing wrong.... Read More

You would want to speak with a medical malpractice attorney.  Of course, it would be very important to have further details regarding the procedure you underwent in order to know if this iss the best avenue for you. Please feel free to contact me with further details so that we may better assist you.... Read More

Its is what it is - if you need to two more procedures, whether you want to or not, that may well be appropriate depending on your situation. If you don't want them you can't be forced to get them, but there is nothing inherently wrong with the medical care with the facts described. I fyou have concerns you can seek a second opinion. Also, to be clear, no one can "make you break down in tears" thats some thing that is within your control andthere is no lawsuit for such things.... Read More

A health care liability lawsuit against the health care provided is a mixture of law and medicine. While I know the law, the medicine part is why we bring in medical experts in cases like this. I can't tell you if your have a case or not until all of the records are gathered together and presented to a medical expert for that expert to review and give an opinion as to whether there was a breach of a standard of care or not and whether that breach was the proxmate cause of your father's death.... Read More

I would think that a release of your children's medical records to your spouse or in custody litigation, to a court appointed guardian ad litem, would include only their records, and not contain your personal medical records. For the release of your medical records, a proper release signed by you would be required.... Read More

"I also have mental issues such as depression, anxiety and PTSD and the nurses kept blaming my breathing on my mental health." and there is the elephant in the room. You will need to have a psychiatrist and/or a doctor back this up. Otherwise your post absolutley suggests either a mental health disorder or an inmate working the prison system for infirmary time or contrived claims and won't get anywhere past that absent some other compelling evidence. ... Read More

Whether or not there is a medical malpractice case depends on several factors. A medical professional in the same area of expertise as the doctor who committed the malpractice must be able to testify, to a reasonable degree of medical certainty, that the doctor in question violated the standard of care by something they did or failed to do, and but for the mistake, your granddaughter would not have suffered the permanent injury that she currently has.  If a doctor has suggested that mistakes were made that hurt your granddaughter, it may be worthwhile to have her medical records reviewed by a medical malpractice attorney. Keep in mind that the statute of limitations to start a medical malpractice action is 2 1/2 years from the time of the malpractice.... Read More

Difficult, as whether the discharge would have prevented the third stroke will take review of all the records and the medication he was on, and then an expert opinion.  if by way worse he has now permanent serious physical changes and/or coginitive or other brain injury which affects him permanently then you may want to consult a lawyer and get the records.  If your husband cannot sign a medical release for the records, it may be more complicated to obtain unless in going to the hospital he signed a form indiciating that his condition can be shared with you.  In either case, you will need to have a final assessment of his condition to determine the extent of the damage or harm and if permanent.  Too many facts, but if your question is whether there is malpractice, unknown without the records being reviewed and then a medical opinion.  ... Read More

They don't normally go to the specialists office with you, so don't be offended. I would contact whom they referred you to because if you want to somebody else, please be aware that any other specialists is going to be reluctant to get involved while the ones that he referred you to will be aware of the situation.... Read More

Unfortunately many infections are part of the risk of surgery including and especially in replacement surgeries.  Pseudomonas is from my reading being found in study in 25 percent of replacement surgeries  You need another medical opinion on whether anything can be done and if anything wrong with the surgery or hardware then if still questions get your records and meet with a pi lawyer as without the records it's impossible to evaluate   ... Read More

It is impossible to tell if you have a medical malpractice case on behalf of your baby based on the above, but the fact that your specialist said you should have been seeing him during your pregnancy is a big red flag that you might. The only way to tell is to have your pre-natal medical records and your baby's medical records thoroughly reviewed by an experienced medical malpractice attorney. A malpractice case requires not only that a doctor/doctors made mistakes that violated the standard of care, but also proof to a reasonable degree of medical certainty that your baby would not have had the medical problems she now has if the doctors had sent you to a specialist.  Also very important to keep in mind is the statute of limitations to start a medical malpractice action, which is 2 1/2 years from the time the mistake was made. It is unclear in this situation whether that means the first time your doctor observed the spot on the baby's bladder or later, but to be on the safe side it should be calculated from the time the spot was first observed by your doctors. That can be determined by reviewing the medical records.... Read More