Medical Malpractice Legal Questions

Sorry to hear this. Sounds like it would be a good idea to call a Personal Injury attorney and go over all of the medical events and proceed with a review of your medical records to determine if the standard of care was breached and if that breach directly resulted in serious damage to you.  Reach out for an initial complementary case consultation.... Read More

Dear Tamika, I am sorry for the loss of your mother. This may or may not be a case of malpractice or possibly product liability. More information and facts are needed to determine what type of case and its potential viability. Contact a Personal Injury lawyer for more specic legal advice and discuss what happened in greater detail.... Read More

Unless you can conclusively prove a dirty needle - which is unlikely given your facts presented, this claim goes nowhere. Especially if there is any unsavory prior history of substance abuse or risk factors for a BBD. That stated, since there has been no such diagnosis, there is nothing to even discuss until that occurs. ... Read More

A couple of factors may come into play with your potential case. One is the Statute of Limitations for medical malpractice claims in South Carolina which can be two or three years from the date you knew or should have known about the medical malpractice, ( depending on the medical provider ). Another issue would be did you receive below the reasonable standard of care for South Carolina?. If you did, is a medical expert willing to say so and to say that you would have had a different, better outcome if you'd treated appropriately? Also, unfortunately, ten years is a long time for a failure to diagnose case.  Basically, the medical expert expert would have to say that because you did not receive the proper treatment ten years ago, it lead to the cancer you have today, which can be pretty difficult. Best, David Hood... Read More

There could be several potential entities which may be liable in your case.  It's always good to look at the entire situation from the beginning to the end to figure out where any mistakes were made in the chain of filling your prescription.  First of all, did the medical office write the prescription out correctly and was it sent over to the pharmacy accurately?  Did the doctor's office write it out for the correct dosage?  Did the prescription interact with any other medication you were taking?  Separately, did the pharmacy give you the wrong prescription ( or someone else's prescription ), the wrong dosage or did it interact with anything else you were taking?  If a lawsuit were filed, all these questions could be answered in the "discovery" process.  From your perspective, the more defendants the better.  So hopefully, the pharmacy and the medical office made a mistake.  If not, you may just have one defendant, but the facts and discovery process should determine this. https://www.hoodmedicalmalpractice.com/blog/how-to-deal-with-pharmacy-prescription-errors-in-south-carolina/  ... Read More

Thank you for the question and I am extremely sorry to hear that your son is going through this.  My name is Kyle Newman and I am the senior trial attorney at James Newman, P.C.  I specialize in our medical malpractice cases and have dealt with numerous cases brought on behalf of infants such as your son.  With that being said I would love to help you and the best thing to do is speak directly over the phone to schedule a time for us to meet.  The number at my office is 718-823-3122, however since the office is actually closed today in observance of veterans day feel free to give me a call on my cell phone at 516-658-2610. I hope to speak with you soon and thank you for your interest. - Kyle Newman... Read More

Medical malpractice cases are exceedingly difficult to pursue and win in in Wisconsin. I wrote a blog on the problems last year at our law firm's web site under personal injury issues. The Milwaukee Journal-Sentinel did an essay on the topic as well about 1 to 2 years ago, that you can google and read. If you feel strongly that you were permanently harmed as a result of  the medical care you received, you will need to obtain your complete medical/hospital records pertaining to the incident and have them reviewed by a malpractice lawyer of your choice. If they feel there is some indication of malpractice, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is THREE years. Failure to file a lawsuit within three years from the date of the occurrence, will forever bar your claim.... Read More

Hello: I am very sorry to hear that this happened to you. Generally, in a medical malpractice case in South Carolina you need to show you received below a reasonable standard of care and suffered damages as a result. Typically, you'll also need a medical expert to testify to the malpractice. However, you also need to file the lawsuit two or three years from the date of the malpractice or from when you knew or should have known about it. Actually, were are researching a somewhat similiar case, but each case is usually very fact specific. Probably the best thing would be to contact a lawyer in South Carolina who has medical malpractice experience. Normally, the initial consultation is free. Hope you're feeling better, David... Read More