QUESTION
Do I have a personal injury case? Why or why not?
Asked on Jan 11th, 2014 on Personal Injury - Utah
More details to this question:
An orthopedic doctor performed a steroid epidural injection and punctured the dural sac resulting in severe back pain and causing difficulties for walking.
9 ANSWERS
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Jan 16th, 2014 at 7:46 PM
Ronald A. Steinberg
A bad result does NOT prove malpractice. There are known consequences of all medical procedures, and they tell you about them and then they have you sign a consent form to undergo the procedure. It is called "informed consent." Malpractice is when the doctor does something that he should not have done, or fails to do something that he should have done. If you can find an expert who will say that your doctor committed malpractice, then you can sue, but from my personal experience, I do not think that this case is malpractice.
Answered on Jan 16th, 2014 at 7:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If you have a case, it would be considered medical malpractice, which I suppose could be considered a sub-category of "personal injury". In order to prove a medical malpractice case, you have to have expert witness testimony that the dr did something wrong, that he failed to follow accepted standards of practice. The procedure you had has an inherent risk; no matter how skilled or careful the doctor, there is still a possiblity of some problem or complication such as the one you have experienced.
Answered on Jan 14th, 2014 at 5:48 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe. However, in order to tell you will have to consult with a local malpractice attorney. Malpractice is based on the expertise and the location where the event occurred. What may be malpractice in New York may not be malpractice in Arkansas.
Answered on Jan 14th, 2014 at 5:47 PM
Thomas Edward Gates
If you can walk now, your likely claim would only cover the cost of treatment.
Answered on Jan 14th, 2014 at 5:46 PM
James Eugene Hasser
It takes the opinion of a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one.
Answered on Jan 14th, 2014 at 5:45 PM
You would need to discuss your circumstances with an attorney that specializes in medical malpractice.
Answered on Jan 14th, 2014 at 5:45 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't have a legal question. you have a medical question. get your complete chart to a dr and ask him the question.
Answered on Jan 14th, 2014 at 5:45 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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Yes, you may have a medical malpractice case. Consult a medical malpractice attorney about your potential case.
Answered on Jan 14th, 2014 at 5:24 PM