Medical Malpractice Legal Questions

Dear Kathy, I am sorry to hear about the ordeal through which you have suffered and continue so.    Your case is certainly worthy of interest, investigation and potential for pursuit. There are many questions to explore and records must be requested and reviewed.  Consequently, 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 in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).  ... Read More

Dear Jill, I am sorry to hear about the ordeal through which you have suffered. The answer to your question can only be sought by a thorough consultation to obtain all of the medical facts and request and review of your medical records.  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 in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).  ... Read More

Hello John, My condolences to you and your family. I am sorry to hear about the death of your wife. The issue is not the size of Halifax, it is that it is a Sovereign entity and as such, damages and fees are capped. Timely providing a Medical Malpractice attorney with the necessary medical records however, aid the process up for you in obtaining representation. Review of her medical records will need to be made to determine if the standard of care was breached by the physician(s) for improperly treating your wife and, if that breach caused her death.   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 you are already close to the running of the Statute of Limitation for bringing a Medical Malpractice Wrongful Death lawsuit.   ... Read More

This is a legal issue......why? Assume it was ILLEGAL for a minute....then what? Would you seriously expect anyone to believe that you are going to spend oodles of money on legal fees to address this with a lawsuit? If you don't agree with the doctors practice or position, why not spend the effort finding a new one that shares your views?... Read More

You do not present a sufficient number of facts for any assessment to be made as to whether you suffered harm because of a needless mistake, where the mistake itself should not have occurred. Diseases affecting the kidneys can result from appropriate medical care. You seem to be complaining that you were unaware that you were at risk for kidney injury because of having an operation performed. As you do not present sufficient facts to permit me to understand how your lack of understanding the risks because you to suffer harm. Informed consent cases in Pennsylvania are especially difficult because of the standard of proof required by statute. If you are asserting that had you known of the risk you would not have consented to the surgery, even if true, does not form a basis for recovery under Pennsylvania law. Instead it must be the case that no reasonable person in your circumstances would have considered the risks that were not disclosed as a substantial factor in deciding to have the surgery performed. The standard is not subjective. It is not based on a given individuals unique circumstances. Would a reasonable person in your circumstances including the reasons why you wanted to have a hip replacement down, forego the surgery and the painless mobility it would likely provide, if they knew about the risk of renal injury. It sounds. Though you are confronted with a serious question as that you should call this to the attention of the lawyer experienced in managing medical malpractice claims.... Read More

You apparently have a condition known as lumbarization of the sacrum. If on the plain x-ray you have what appears to be 6 lumbar vertebra instead of 5. This does not represent a disease entity. The fact that you had records describing 6 lumbar vertebra and elsewhere you are said to have 5 lumbar vertebra, is of no consequence unless it believes a surgeon to mistakenly operate at the wrong level. You do not hear described as having occurred. A medical malpractice claim is only proper if a health care provider because of a mistaken assessment causes you harm. Instead of assuming that something improper has occurred, you should simply discuss the matter with your primary care physician.... Read More

Do you know the reason why ten days passed before they had you back for D & C? One ppossibility is that they missed the fact that the placenta (or part of it) was retained.  If so, this is could be breach of the standard of care. The issue with a case like this is damages. I sounds like you had a rough time during those ten (10) days, which I do  not discount, but Medmal cases are very expensive to bring now because of the expert withess requirements. If you were in ICU/coma, etc during the 10 days, and especially if you still have lasting damage/injuries, your case could be economically viable for someone to review and possibly file. Unfortunately the Texas legislature has tilted the deck in favor of doctors and hospitals, with onerous expert requirements and caps on damages, so that very few Plaintiff's law firm take on medmal cases, and those that do are very selective. I have both defended doctors and reopresented patients through trial, so I have a pretty good idea of the costs and what it takes to get by the initial expert report requirement.  I would be interested on hearing more about your injuries, both during the ten day time perios, and after the DNC.    ... Read More

Dear Eric,  A Personal Injury / Medical Malpractice attorney can investigate this matter and determine all possible responsible parties rather than pursuing on your own. Medical Records will need to be obtained and reviewed to determine whether the standard of care was breached by medical provider(s) and/or whether this is a mesh case regarding Product Liability.  Choose an experienced professional to guide and advise you and evaluate your potential claim. However, 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. There are requirements to follow and deadlines, so do not delay.  ... Read More

I am sorry to hear about the ordeal through which your wife and you are sufferring.   The answer to your question can only be sought by request and review of her medical records to determine if the standard of care was breached by the physician and what is the magnitude of damage she will be left with if that breach caused her serious permanent injuries. Consequently, 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 in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).                      I... Read More

I am sorry to hear about the health issues of your father. Request and review of your father's medical records will need to be made to determine if the standard of care was breached by the physician(s) for not properly treating your father. More facts are needed here in order to answer your question competently.  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 in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of the medical error(s).          ... Read More

So your freind STOLE your blood sample from the hospital and you want to blame ....the hospital? Sorry - this sounds like a bad remake of a junkie scam from the movie Salton Sea. There is a LOT more to this than provided - but unless you are willing to spend money out of pocket to hire a lawyer to intervene, this starts with a complaint to the hospital and exposing your "freind" for the theft and going from there. ... Read More

it is improper to discontinue this drug in the manner you have suggested.  This conduct substantially increased the chances of an severity of the anticipated complications. I would have to learn more details in order to determine whether the claim would merit further investigation. You should obtain a copy of the prescribing doctor's office record and a copy of the record where you were treated. If you have those records in hand a lawyer in your jurisdiction experienced in handling medical malpractice claims should be willing to investigate the matter on your behalf... Read More

yes a suit may be appropriate where there has been an unjustified delay in the diagnosis of a spinal infection. Osteomyelitis can lead to septic arthritis of the spine. The degree to which you have suffered harm in assessing a potential claim would depend upon a careful review of images and medical records by a lawyer having experience in the litigation of medical malpractice claims. You should contact a lawyer with such experience in your jurisdiction. You may well have a deserving claim.... Read More

I'm so sorry you have been through all of this. To answer your question, the statute of limitations on medical malpractice matters in New Jersey is typically two years from the date you knew or should have known malpractice occurred. If you didn't have any indication that the surgeon had committed malpractice all those years and only found out in 2019, you may still be able to pursue a claim, but an attorney will need more details from you to be able to determine for sure if that is how the statute will be interpreted in your situation. In any case, it would be in your best interest to reach out to a lawyer sooner rather than later. I know two years may sound like a long time, but please keep in mind that this is two years to file a lawsuit, not two years to find a lawyer. You want to make sure that you hire your attorney early enough to give him or her plenty of time to thoroughly investigate and build your case and commence the process of filing a lawsuit, so you don't want to wait until that deadline gets close.  Your situation sounds really complex, so when you reach out to a lawyer, you should expect to go over in more detail what occurred on what dates and which medical providers were involved. If it sounds based on this discussion that you are likely to have a case, the attorney you contact will want to look at your medical records and have them reviewed by a medical expert, who is a doctor. Only then will a lawyer be able to help you understand what options you may have with regard to pursuing a medical malpractice case.  One more thing you should know: talking to a lawyer won't cost you anything. Most law firms that handle medical malpractice issues in New Jersey (including my law firm, Console and Associates) offer free consultations for situations like yours and, if we end up representing you in a medical malpractice claim, work on a no-win, no-fee basis.  I hope you are able to get the legal and medical help you need. Good luck. ... Read More

I am so sorry you have been through such a terrible ordeal. While a lawyer would need a lot more information to tell you whether you have a good medical malpractice case, it is clear that the harm you have suffered is very serious. I would suggest that you reach out directly to an attorney so that you can discuss the specifics of your situation in more detail. (You should do this privately, not on a public website like this one.)  The reason you need to speak with an attorney in more detail to get your questions answered is because medical malpractice situations are so complex that determining whether negligence occurred requires a thorough review of your medical treatment and records. Infections can be caused by medical malpractice, but they can also occur without malpractice happening. Whether there is evidence that your infection began with malpractice depends on what an attorney -- and a medical expert -- find documented in your medical records. Additionally, many strokes are preventable, and experienced medical malpractice lawyers may be able to demonstrate that negligence caused your strokes -- but again, your medical records would be needed to find out if your strokes were preventable.  As far as what to expect when you speak to a lawyer, you should know that an initial consultation about a medical malpractice matter shouldn't cost you anything. You also shouldn't have to pay anything upfront for legal representation, because most NJ law firms that handle this type of case (including mine, Console and Associates) work on what's called a contingency fee basis. This means you only pay if you win, and only a percentage of what your attorney gets for you.  I hope this helps. Best of luck with the claim and with getting well after such an ordeal. ... Read More