Medical Malpractice Legal Questions

Dear Christy,    I am sorry to hear about the ordeal which you have suffered.   The answer to your question can only be sought by request and review of your medical records to determine if the standard of care was breached by the physician, what is required to correct the problem and what magnitude of damage with which you will be left.    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

I am sorry to hear about the ordeal which you have suffered. However, more information is needed, which can be explored through private consultation.    The answer to your question can only be sought by request and review of your medical records to determine if the standard of care was breached by the physician, what is required to correct the problem and what is the magnitude of damage you  will be left with if that breach caused your 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).  ... Read More

Likely neither of the two concepts you described. That stated - if you are ina behavioral health department - there should be no issues about lawsuits being filed unless anduntil you have retained legal counsel and there has been psychiatric clearance. The first thing that will be raised is your mental health issues to damage your credibility. ... Read More

I am sorry to hear about your husband.   Based on your description, you very well may a case for medical malpractice.  Your next step would be to consult with a lawyer, so that he or she an analyze all the facts.    The lawyer would also have to obtain all of your husband's relevant medical records, and would have to have a other doctors review them to determine if your husband's PCP was negligent.   The first consultation is always free, and there is no fee unless the lawyer wins the case, so there is no reason not to consult with a lawyer to ensure that this is thoroughly investigated.     ... Read More

I'm not sure why you are having difficulty.  If you have any of the records, many malpractice lawyers will review them and provide a free consultation.  If you have had lawyers review the records and they will not then take the case, you should request a explanation and basis so you may understand and then disclose this to any subsequent lawyers who review.  The reality is death is a risk in any surgery especially with general anesthesia.  No one can determine if there's a viable claim or if any medical professional was negligent without review the records.  Also whether the surgeon was in private practice or worked for the VA or a public university hospital may also be a factor in why attorneys may not accept the claim.   Again, the best thing to do is find a way to get all the records and have an attorney review it all, and typcially then, attorneys will engage medical experts and medical expert review services to analyze the records.  ... Read More

You can expect a lawyer to inform you that whether the hospital and surgeon were negligent and whether you have a claim that can proceed will depend upon obtaining an opinion from a medical expert, and in this case, may depend upon what the written consent form says and if it was signed for the surgery.  Any attorney would tell you that we would need to obtain all the medical records and chart and then a discussion and consultation over the incident and the potential for a claim would be discussed.  If you signed an informed consent for the procedure, that may preclude any such claim, but that's only a part of the inquiry here, and may not be dispositive of the issue of whether someone's treatment of you was negligent.  Consult a lawyer. ... Read More

I'm sorry to hear of this event and your loss.  A settlement of a medical malpractice claim is never a certainty and whether the offending hospital, physician and its insurance company are even willing to make an offer depends upon many factors, and requires an opinion form a medical expert that someone's treatment fell below the applicable standard of care.   Sometimes settlements occur within months of presenting a claim,  along with the supporting expert opinion after carefully reviewing all the related records, and sometimes such cases take another year or 2 and require lawsuits in order to even bring about any settlement.  A settlement also depends upon the value the offending party and its insurance company places on the claim, if any, and what the harmed client is willing to agree to or accept.    I encouage you to consult a medical malpractice attorney and have a free consultation rather than just posting, as I'm sure someone will be willing to discuss the claim.  ... Read More

If you already have medical professionals in the same or similar speciality declaring that the treating surgeon's treatment was negligent or fell below the standard of care then I certainly urge you to contact a medical malpractice attorney to review the records and comence with an investigation.  Certainly, each state also has an investigatory unit or department for such actions.  You did not ask a specific question.  But assuming the question is do you have a case for medical negligence, again, that depends upon the opinion of a medical doctor who practices in the same or similar speciality.  If you have been permanently harmed and injured and had to undergo additiional surgeries then I encourage you to seek out legal advice and to obtain all the relevant medical records.  As to wehther the MRI was medically necessary, that again, depends upon a medical expert position.  ... Read More

Hello Elishiea, I am sorry for the loss of your grandmother. In Florida, the Personal Representative has the right to bring suit on behalf of the deceased's estate on behalf of its beneficiaries. An estate needs to be opened and a P.R. appointed, which if approved, can possibly be you. Speak with a Personal Injury attorney to obtain further information.   Do not delay, as the Statute of Limitation for bringing a Wrongful Death action is 2 years.   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.  ... Read More

Thats what happens when you post bad reviews about people. There is no real legal remedy as she is not in medical distress, and physicians are generally not required to continue care absnet some emergency situation. In the future if you want to give constructive criticism - speak to the doctors or clinic manager directly - not in a public post. ... Read More

  Hello Dudley,   I am sorry to hear about what you have gone through post-surgery.   Request and review of your medical records will need to be made to determine if the standard of care was breached by the hospital, physician(s)and possibly others for not properly treating you and, if that breach caused your injuries including whether the the hardware removal from the 2004 surgery is related. Questions will also need to be answered regarding what further care is needed and what damage has been done?   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