Medical Malpractice Legal Questions

If the conduct of the hospital staff fell below the standard of care for health care providers in their particular field of medicine and their acts or omissions proximately caused you damages, you may be able to recover for medical malpractice.  Only another medical expert can tell you if that is the case.The circumstances you describe would likely be a significant part of any medical history which health care providers often use in making a diagnosis.  This type of case tends to be expensive and, unless you suffered very serious health consequences as a result of the hospital's conduct, you should not think that an attorney will accept your case on a contingency fee.  You should presume that your mandatory expert report will cost you $5,000-10,000 out of pocket and, if you have to go to trial, your expert will likely demand at least another $10,000 to testify on your behalf.Some of your complaints--1) being told not to vomit over the rail; 2) having security accompany you to the restroom to collect a urine sample; and 3) a nurse saying something rude to you--do not constitute actual torts which would support a cause of action but may be peripherally relevant.... Read More

Need more information to answer. There is a 2 1/2 year statute of limitations to sue for medical malpractice that runs from the date of injury but may be extended to the date of the last follow up treatment of the condition by the md who committed the malpractice. You may be able to sue both doctors if neither caught your cancer until it was too late. Is it inoperable? Were you treated successfully? Need more information about the testing and treatment and your prognosis- if it's not too late to sue.... Read More

This is NOT your fight. This is an issue for the bio-parent to address with thier family law lawyer. YOUR involvement is likely to simply escalate the issue into a controversy the bio-parents will have to sort out. You should encourage your spouse to retain a qualified family law lawyer to address any such allegations through the court. Trying to get DCF/CPS to intervene as a cheap alternative is generally going to backfire.... Read More

Dear Tracy,   I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I'm happy to speak with you about this. Loren L. Gold, Esq Direct Line: 954-742-6999... Read More

If two doctors told you that the procedure was incorrectly done, necessitating another surgery, your son very likely has a good medical malpractice case. The question is when to bring it. You haven't said when the first surgery took place, but assuming your son is still under 18, the statute of limitations to sue for medical malpractice is tolled until 10 years after  date of the injury.  A second surgery might repair the problem but there also might be complications that do not emerge until he's older. That being said, the younger that your child is when you start a lawsuit, the less embarrassing it will be to him, and the less disruptive to his life. Give some serious thought to the timing of filing an action- you have time.  ... Read More

First of all, keep in mind that the statute of limitations to file a medical malpractice action is 2 1/2 years, so if the surgery was in Sept 2021, the SOL to file a lawsuit expires in March unless you obtained follow-up treatment from the same doctor for the same condition, in which case it is extended for the length of the treatment. Second, the only way to prove medical malpractice is with testimony from a doctor in the same field that 1-but for the actions of the surgeon in question, you wouldn't have your injury, and that 2-your injury is permanent. In order to determine whether you have a viable medical malpractice case for the hammertoe surgery, your records need to be reviewed and opinion obtained from a foot surgeon. For your lack of informed consent claim for the right-side surgery, the same rationale applies, with the added caveat that you must prove that had you been informed of the condition requiring surgery, it would've been reasonable to refuse the surgery. A medical malpractice attorney interested in your case will normally obtain the necessary review, but it sounds as though your second opinion doctor may have already confirmed that you have a case.... Read More

I am very sorry for your family's terrible loss. Based upon the information which you have offered, there may be multiple responsible parties potentially involved. I can only give you a general answer based upon the information provided. The answer to your question can only be obtained through medical expert review of your medical records to determine if and by whom the standard of care was breached and if that breach directly caused the loss of your baby. A Medical Malpractice attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to sending them out for review by the appropriate medical experts. If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. I see that you are seeking an attorney and I would be happy to speak with you. Loren L Gold, Esq  Direct Phone: 954-742-6999 https://www.lorenlgoldpa.com/... Read More

Dear Shuree, I am sorry to hear about this and hope your condition improves. It sounds like you will need further medical work-up to determine whether the delay has caused permanent damage to your elbow. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L Gold, Esq.   ... Read More

Dear Jeremy, I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Loren L. Gold, Esq.... Read More

You are likely picking a very expensive and very difficult legal fight. Be sure you can fund the expense of such litigation BEFORE you provide a confrontation over such issues. If you have the funds to hire a lawyer you should do so immediately as this will not likely be handled on a cointingent fee basis.... Read More

I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Personal Injury/ Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Best, Loren L. Gold, Esq... Read More

I am sorry to hear about this and hope your condition improves and you fully recover. It sounds like you will need further medical work-up to determine whether you have sufferred permanent damage. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. We all give free consultations; however, you will have to reach out, as we are unable to solicit. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases. Best, Loren L. Gold, Esq.... Read More

First - its sounds like your son is an adult and you have no business asking for legal opinions about hit case. If he has legal questions the proper thing is to assist him in getting an appointment with a lawyer or that he do so on his own. Second, it seems that your son is a non-compliant diabetic that went septic or a drug abuser. As such, its a solid bet any injury from an IV in his hand is the least of his worries but that would be an issue for his primary care/treating doctor to address. ... Read More