Latest Questions and Answers

Latest Questions and Answers February 2015

Here are the questions and answers submitted online for February 2015. Please note, I do not edit the questions.

Question.
Do I have a medical malpractice case? More Details: I was in a car accident 3/8/14 over the next two weeks I saw a neurologist twice complaining of severe headaches and pressure in my head. Each time he told me I was fine. Upon my insistence he gave me a prescription for an MRI, for 4/21/14. I dropped the MRI disc at his office later that day. On 4/22/14 he called me and said I had some bleeding in my head and his best advice was I go to an ER (which was 2 hours away). Once at the hospital they took a scan and the surgeon arrived and told me I needed emergency surgery and that I would not survive the night without it. There was a significant amount of blood build up pushing my brain off its axis. I required 4 emergency surgeries to stop the bleeding. I had stroke like symptoms and after nearly a year I am still not 100% and have some complications from surgery.

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

To know whether you have a case, an attorney will have to examine the medical records and submit them to an expert.

It sounds like you have reason to investigate a case. I assume that you were referred to a neurologist because there was some element trauma in the automobile accident. This, in combination with persistent headache arguably should have resulted in additional investigation into whether or not you sustained a subdural hematoma. Click here for more information about that condition. Given the fact that a month passed between the time that your symptoms began and the time the diagnosis was made (presumably while your condition deteriorated) other medical personnel may be implicated in a malpractice case. Again, an attorney would have to look at the records to evaluate that issue.

Question
I had a ruptured spleen after a colonoscopy can this be considered negligence? More Details: I had an endoscopy and colonoscopy and ended up with a ruptured spleen lost a considerable amount of blood had a heart attack and an emergency splenectomy.

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
The literature suggests that a ruptured spleen during a colonoscopy may be an accepted complication of the procedure. This happens rarely, but if you believe the medical literature, it is something that can happen in the absence of negligence. Click here for a medical article discussing the issue.

At the same time, cases involving a ruptured spleen during a colonoscopy have been successfully litigated when a physician failed to recognize that complication in a timely fashion. If you lost so much blood that you had a heart attack, it sounds like there was some delay between the colonoscopy and when the condition was diagnosed. Depending on which physicians you saw when, you might have a viable case. Click here for a jury verdict review that discusses factually similar scenario.

Question
I was diagnosis with Lupus and giving medication for treatment and do not have Lupus. 85% of my face has dark pigmentation on it. Do I have a medical negligent case?

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
Use of topical steroids can cause changes in skin pigmentation, so theoretically if you were given steroids because of Lupus and you did not have that disease, you may have a case. To no for sure, a lawyer will have to look at the medical records and assess whether the misdiagnosis was unreasonable. Also, because steroids are used to treat a variety of inflammatory conditions, it is possible that the diagnosis was wrong but the treatment was right. Finally, there will be a question about whether the case is financially viable, which depends on how prominent the changes are.

If you want to investigate a case, you should contact a New Jersey medical malpractice attorney. We take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free

Question
More Details: On January 16, 2015, I slipped and fell on black ice on a road in my apartment complex. I severely injured my left wrist. I have Renters Insurance I pay for through my Landlord. The insurance company tell me my policy does not cover personal injury. My landlord takes no responsibility. Now, the insurance company is not returning my calls. Where should I go to get my Doctor bills paid?

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

You should make a claim against the owner of the apartment complex. When you do, they will advise you whether they contract out ice and snow removal, and then you may make a claim against the contractor as well. You should hire a personal injury attorney to do this.

The medical bills should be submitted to your health insurance company. If you do not have health insurance, the medical bills should be part of the demand that your attorney makes when they attempt to settle or litigate your claim.

Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed.

Question
How long do you have to file a claim of medical malpractice? My husband went in for a “routine” Greenfield Filter removal surgery. The filter was put in with no problem the day before a scheduled back surgery due to an accident at work. The removal attempt was unsuccessful. The filter was broken and imbedded in my husband’s IVC during the removal. My husband ended up in the hospital for a month due to multiple blood clots in his legs and lungs. He is now on blood thinners for the rest of his life. He was a healthy active husband and father, now he is looking at permanent disability due to this botched surgery. The removal attempt was done on May 3, 2013. I was speaking with a former county prosecutor a few days ago and was told to seek counsel immediately before our time runs out. Can someone please help us? My husband just turned 40 last Aug. HELP!

Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

There is very little time to investigate a case because the SOL expires two years from May 3, 2013. An attorney can prepare a complaint in a few hours, but the real issue is that an expert must review the pertinent medical records and sign an affidavit of merit supporting the case. In a perfect world, this should be done prior to filing suit, but you can delay serving an affidavit of merit a bit if the circumstances justify it. What you cannot extend is the statute of limitations.

The point is (as everyone has suggested) call a malpractice attorney and see if you can set up a meeting to start the process. If he/she thinks he can help you, they will deal with the statute of limitations, the tort claims notice and the affidavit of merit.

Question
Do I have a case for being given an injection of Rocephin during the first trimester of pregnancy resulting in low amniotic fluid and premature birth? In 2011 I became pregnant went to the doctor for my initial appt at about 8 weeks and was given routine testing in Oct. I was called later on that month by the office and was told that I have gonorrhea. i am married and asked that I be retested and was told the results would be the same and that I shouldn’t waste time as this could be harmful for the baby. I was scared so i agreed, informed my husband and he went and got tested. That week I was given an injection of Rocephin, prior to this I did not have any problems during pregnancy. My husband got tested and received the same medication and the following week he received confirmation that he did not have gonorrhea. I went for my follow up appt and told the nurse pract. and she said that my results could have been a false-positive.

At 18 weeks found out that I had oligohydramnios. My pregnancy became high risk, I was advised a medical abortion but refused. At 23 weeks I was hospitalized for 30 days and delivered at 27 weeks.

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
I do not see a connection between ceftriaxone and oligohydramnios in the basic literature. The cause of oligohydramnios is often undetermined, although there are characteristics in mom and baby that can increase the risk of the condition appearing. For an article discussing these, click here. If any of these risks existed, then I think a link between the low amniotic fluid and the drug you were given is less likely. The caveat of course is that I am not a doctor, so if you have different information, that is another story.

If you have information that suggests a causal connection between ceftriaxone and oligohydrannios, then you should consider contacting a medical malpractice lawyer and provide that information to him so that he can begin an investigation into the issue. Malpractice lawyers take these cases on a contingency basis which means you only have to pay if you succeed.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question
Do I have a medical malpractice case for a spinal fusion failure due to incorrect equipment? I had a spinal fusion performed in November of 2012 by Dr. X. After almost a year of no improvement, increasing pain, and not getting any relief with Dr. X, I sought a second opinion with Dr. Y. Dr. Y ordered several tests, including x-rays and determined that the screws used in the fusion were too short and did not connect as they were supposed to and that the bone spur pressing against the sciatic nerve that was supposed to be removed during the first surgery was still there. During a 2nd spinal fusion done by Dr. Y he verified his findings and discovered that almost no bone grafting material was used and as a result a significant amount of scar material had formed that had to be removed. I was told by Dr. Y that there was no chance of the first surgery being successful with these issues present. I subsequently had to have an additional 2 SI joint fusions done. Do we have any recourse against Dr. X for botching the 1st surgery so badly?

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

If you can prove what the second surgeon is telling you, then you may have a case, but in my experience subsequent treating surgeons are quick to criticize care that came before them in conversations with patients, but when push comes to shove they will not take that position in court or at a deposition after a case goes into litigation.

If an attorney secures the records and the second doctor’s records inferentially suggest some of the things you are saying, it is possible he could hire an independent expert who could look at the pertinent records and films and reach the same conclusion. There will be questions about whether the case is financially viable if the second surgery fixed all of the problems. Articles below explain financial viability in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question
If I asked my doctor to run a test and she didn’t would that be malpractice? I went to my doctor told her I was having pain in the back of my calf and I have a history of blood clots and asked her to check it out but instead of doing the tests she just told me to take a aspirin everyday this was Thursday now it Sunday I’m at the ER and they think I had one in my leg that has now went to my lungs which if that’s what happened is life threatening do I have a case for malpractice?

Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

It sounds like you have reason to investigate a case. I do not think advising a patient with a history of DVTs and calf pain to take aspirin is an adequate substitution for referring the patient for a doppler study.

The question is whether the case is financially viable, and that really depends on the extent of damages. Articles below explain this in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question
Misdiagnosis of dermatological condition that led to severe scarring and disfiguration
More Details: In Feb 2009 I presented with large cyst-like lesions on my chin. Over the next month or two the lesions spread over my entire face. My dermatologist diagnosed me with a rare dermatological condition called Rosacea Fulminans. There is no treatment for the condition itself and it usually resolves itself after a year. After 12 months my dermatologist reached out to colleagues about the case. One physician insisted I see him in person before he made a diagnosis. I went to see him and he immediately said it was Demodex mites. I told him my dermatologist had already tested for that and ruled it out. He said she must have not been performing the test correctly and did the test himself. It came back positive for Demodex mites. By this time the damage was already done and I’ve spent thousands of dollars trying to correct it.

Answer
Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.
You may have a case if earlier intervention would have gotten rid of the mites sooner and you can prove that the earlier diagnosis would have resulted in less harm, but if the misdiagnosis happened in 2009, a big question will be whether the defendant has a statute of limitations defense.

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question
Doctor misdiagnosed a sore on my head as being not cancer and about two 1/2 years later I find out it was. Do I have a case? In July 2012 I went to my general doctor and Mentioned that I had a sore on my head that has been there for a long time he looked at it and said that it was Seborrheic Keratosis which is a skin growth and was nothing to worry about and froze it early this year in my yearly check up with my General doctor I now have they seen it and have me go to a dermatologist and it was cancer.

Answer

Answered by New Jersey Medical Malpractice Attorney John Ratkowitz.

It sounds like you have a case. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Latest Questions and Answers July and August 2014

Here are the latest answers to the questions that were posted online. Please note that I do not edit the questions.

Question.

How do I go about finding an attorney that will represent my father’s medical issue? He resides in Florida, but transplant was in Tennessee. Since he had his kidney transplant he’s been having complications and hasn’t been treated the right way. We have been trying to resolve this matter the right way and it seems almost impossible. We need immediate assistance for our father.

Answer.

I have no idea whether you have a viable malpractice case because you didn’t provide enough information about the complications your father has been experiencing. Nevertheless, if you want to hire an attorney to investigate a case you’re going to have to hire someone in Tennessee. Attorneys take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I had upper abdomen pains. Could not move, was nauseaed, became very hot, started sweatting alot, pain went to into back. Went to ER, spoke to a nurse they gave me some malox with a pain killer in it. I also took a chest xray and a ekg and then was released. I was told that I had gas. I never saw a doctor. 2 months later went to a different ER for same thing and was told that I had to have surgery very soon. I had a golf ball size gall stone. Do I have some kind of case against the 1st ER and doctors.

Answer.

The usual presentation of a patient who was suffering from gallstones include symptoms of pain in the upper abdomen and upper back, nausea, vomiting, bloating, indigestion, heartburn, and gas. So, gallstones should have been in the differential diagnosis of the physicians. I think the real question in the case is whether it is financially viable because presumably you would’ve needed surgery if the diagnosis was earler. Consequently, assuming there was no permanent harm the damages in the case amount to two months of pain and suffering. I wouldn’t take on a case like that, but financial viability is a judgment call. The articles below explain this in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

Had a C-6-C-7 cervical fusion, June of 2013. Was released to go back to work in August of 2013, Dr. said fusion looked good and i was good. Felt a pop in my neck in February of 2014 and felt like everything was happening all over again. Went to the hospital, had an X-Ray and they told me I needed to go see the Dr. that did my surgery that something was wrong. I went to see him and he said the the fusion didn’t take and he was going to have to do another surgery, one that could quite possible disable me. went to get another opinion, was not good. Tried to go back to first Dr. and was told that I had been released from their practice. sent my records to numerous other Dr.s and they agreed with the first Dr. but refused to see me. Feel like I’ve been black balled. Don’t know what to do. In a lot of pain and can’t work and feel like no one will help.

Answer.

It’s hard to tell you whether you have a medical malpractice case worth investigating. Clearly, in the normal course of events you wouldn’t expect a cervical fusion to fail within seven months of the surgical procedure. At the same time, complications can happen in the absence of negligence.

First and foremost, however, you need to deal with the medical issues that you’re facing. Try to find a physician affiliated with a teaching hospital and determined exactly what’s going on medically and get a second surgery performed if that’s what is required.

In the meantime, contact a local attorney and find out when the statute of limitations expires on your claim. By dealing with the medical issue you’ll be firming up the facts relative to the malpractice case because only after you receive a firm diagnosis and move forward with treatment will an attorney investigating the case know what happened following the first surgery and only then will he be in a position to ascertain what kind of damages are at stake.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

Husband had plate and screws put in his neck , then they found screws backing out-then they removed the plate and screws–then he died of a heart attack due to blood clots.

Answer.

Blood clots can occur in the absence of negligence, but if your husband had a known propensity to clot (for example if he was on anticoagulants before the surgery) then it is possible that he was inadequately bridged prior to the spine surgery. If that is the case, you may have a medical malpractice case, although there will be challenging issues on causation.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I broke my wrist 7/24/12, when the orig cast became loose, another was put on, a different phy. put the cast on, he put it on too tight, and crooked. I complained the cast was hurting, and was rubbing on my wrist bone, I was told it was just a bad break. After 8 weeks of complaining, the cast finially came off and I had a crooked wrist. The pain was soo bad I could not do therapy. I tried to speak to the physician but got nowhere. I had another xray done, which showed, there were still un-healed fx’s and problems in the wrist. I called another place, to get a second opinion. A hand specialist looked at my xray, did their own, and within 2 weeks I was in surgery, and just 2 and 1/2 weeks ago I am still having surgery. What can I do about this. I have lost much in time, money, and much, much, much pain.

Answer.

It is hard to tell you whether you have a medical malpractice case. First, bones can fail to heal in the absence of negligence. Second, to investigate an orthopedic malpractice case, an attorney has to have an expert look at all the pertinent x-rays. Obviously, if you did not expect to undergo repeat surgeries then you have reason to be suspicious.

Finally, if you are still treating you don’t know what the outcome from all of this will be. If you don’t have permanent problems as a result of the delay in treatment, there will be a question about whether the case is financially viable. Articles below explain this in more detail.’

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I went to a podiatrist for a toe pain that she treated with a strong antibiotic, claiming it to be a “toe infection”. When the antibiotic didn’t fix it, she said the pain was due to the cold air and lack of circulation. Then, when the other toe also began to hurt, she finally took an x-ray and said it was “bone spurs” and that she would have to do a surgical procedure in her office. I had a bad feeling so I consulted a new podiatrist. Said surgical procedure was one that should *never* be done in an office, only in an OR. The pain got worse, of course and eventually the toe became swollen and leaked pus. Now, it WAS an infection, but due to something as simple as ingrown toenails. Once removed, the toes lacked pain. But this first podiatrist let me suffer for six months, and would have maybe harmed me more. Is this a lawsuit?

Answer.

Podiatric malpractice cases are very difficult. I’ve investigated many but filed none. Additionally, if your damages were limited to six months of pain and suffering there will be a question about whether the case is financially viable. The articles below explain this in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

The hospital gave my grand daughter a vaccination we did not authorize them to give . Also , my daughter in law dint sign the consent form until afterwards. I am scared they might have done something else to my grandbaby without our consent. I am scared of vaccinations and do only wanted her to have 2 – the vit k and the other one for her eyes I believe . We specifically told the nurse we didn’t want Hep shots and we also spoke to the manager and she apologized and her and the nurse admit there was a mistake and an investigation was conducted. I’m so upset that the drugs were administered and introduced to my grandchild’s bloodstream.

Answer.

If there was no harm from the vaccinations (and you don’t suggest that there was in your post) then you are going to have a hard time finding an attorney to take the case because it is not financially viable. The articles below explain this in more detail.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

Had a spinal tap on may 4, 2013 and went back to er on may 6, 2013 because left leg was numb. no always in pain, leg and back. can’t walk, sit, or stand for no more than half hour at a time. on meds no and no insurance to see other doctors i need to see. can’t work due to constant pain.

Answer.

You should contact an attorney to investigate a case. It sounds like the physician performing the spinal tap injured your sciatic nerve. Contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I had mammograms since I was 45 years of age. which were always normal .in 2012 I had a mammogram done and they seen something suspicious in my right breast and had me go for another mammogram the doctor told me they didn’t find anything and sent me home 2013 went for another mammogram and came back normal. may of 2014 found lump in breast didn’t think nothing of it since I had all normal mammograms ,went to doctor to have checked out found out it was stage 3 breast cancer. I talked to a few people and they said when they found something suspicios in 2012 they should of did a mri or ultrasound instead of another mammogram . I might of been able to catch it early instead of being in stage 3 they new I had high density breasts so I feel they were wrong in not giving me the right test at the time they found something suspicious.

Answer.

You may have a viable medical malpractice case, but to know for sure an attorney will have to obtain all of the pertinent radiographic films and have them evaluated by an expert to determine whether accepted standards of medical care required a different course of action.

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question.

Coronary bypass operation several years ago. Complained of discomfort, movement, clicking and popping starting in 2010. 2014 xray and CT finally reveal sternal nonfusion resulting in sternal dehiscence. What would have been an easy repair operation in 2010 has become a major, not worth the risk operation. The condition has resulted in chronic discomfort, insomnia, physical and mental disability and severe quality of life issues.

Answer.

Sternal dehiscence can occur in the absence of negligence, but the failure to timely diagnose and treat it might have been negligence. I think the big question in the case is whether it is financially viable, because if you can mitigate the injury through another surgery, the case might be defensible on damages.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

My father was overdosed by a med tech in his assisted care facility. He is a diabetic and needed two units of insulin and was given 20 units. He was rushed to the hospital and was kept for 7 hours.

Answer.

If your father recovered without any lasting harm, then you probably do not have a financially viable malpractice case. The articles below explain this in more detail.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I have the disk with my ct scan pics on it. it looks like the surgeon that did my surgery on 12/02/13 left something inside my stomach. what do i do? my health has gotten real bad since. my blood work is getting very bad and the pain is extreme.

Answer.

You need to go to a doctor and get a second medical opinion about whether there is something wrong with you related to the surgery. Then, when you figure out what is going on medically, you can determine whether or not the first surgeon committed malpractice. Obviously, however, the most immediate concern should be dealing with the medical problems that are on your plate.

After you get a better idea of what is going on medically, if you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I had blood clots in my leg and foot. Procedure to remove them was done. A few days after release from the hospital the leg and foot swelled up and got hot. I was told if any problems, call the surgeon. When I did he said to come in NEXT WEEK. I did not go back to the surgeon because I felt he did not have my best interest at heart. I am in worse condition now (3 months later) than before the procedure. What should I do first, see a lawyer or another medical professional. At this point, I don’t really trust doctors

Answer.

Go to a physician or the emergency room, because the danger is that you have additional clots, which if left untreated can progress to a pulmonary embolism, a life threatening condition.

After you have sought medical care, and you have some idea of what you are dealing with, contact an attorney. You have two years from the date of negligence to file a lawsuit, so you have plenty of time to deal with the medical issues first, which should obviously take priority until you know exactly what is going on. Then, if you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

My doctor found a polyp and prostate exam three and half years ago told me not to worry about it now I have colorectal cancer. Now I’m sick was colorectal cancer and I’m having pains all over my body and only 36 years old my doctor was well aware that my grandfather had it indicted 35 is long with almost everyone in my family had some form of cancer another what can I do?

Answer.

You certainly have good reason to investigate a case. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question.

Had a C-6-C-7 cervical fusion, June of 2013. Was released to go back to work in August of 2013, Dr. said fusion looked good and i was good. Felt a pop in my neck in February of 2014 and felt like everything was happening all over again. Went to the hospital, had an X-Ray and they told me I needed to go see the Dr. that did my surgery that something was wrong. I went to see him and he said the the fusion didn’t take and he was going to have to do another surgery, one that could quite possible disable me. went to get another opinion, was not good. Tried to go back to first Dr. and was told that I had been released from their practice. sent my records to numerous other Dr.s and they agreed with the first Dr. but refused to see me. Feel like I’ve been black balled. Don’t know what to do. In a lot of pain and can’t work and feel like no one will help.

Answer.

It’s hard to tell you whether you have a medical malpractice case worth investigating. Clearly, in the normal course of events you wouldn’t expect a cervical fusion to fail within seven months of the surgical procedure. At the same time, complications can happen in the absence of negligence.

First and foremost, however, you need to deal with the medical issues that you’re facing. Try to find a physician affiliated with a teaching hospital and determined exactly what’s going on medically and get a second surgery performed if that’s what is required.

In the meantime, contact a local attorney and find out when the statute of limitations expires on your claim. By dealing with the medical issue you’ll be firming up the facts relative to the malpractice case because only after you receive a firm diagnosis and move forward with treatment will an attorney investigating the case know what happened following the first surgery and only then will he be in a position to ascertain what kind of damages are at stake.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question

Can I sue if I have nerve damage? I had surgery in my back and didn’t have nerve damage now I do and in a lot of pain every day.

Answer

To know whether you have a viable medical malpractice case, an attorney would have to look at the records. Nerve damage can occur following spinal surgery in the absence of negligence. The question will be whether you can determine how the nerve damage occurred. If you woke up from surgery and you had symptoms immediately, that suggests that the damage occurred during the surgical procedure. If the symptoms developed over time and got progressively worse, that could suggest a failure of hardware or prosthetic.

Also, what is the nature of your symptoms? Every medical malpractice case raises the issue of financial viability. That subject is covered in some of the articles in the hyperlinks below.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). Most medical malpractice attorneys (including me) work on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.

Question:

Based on the details shown below, does my case qualify filing a lawsuit?

More Details: On May 5th, 2014, I had a surgical procedure to remove precancerous tiny tumors from my bladder. My Urologist instilled Mytomycin, a chemotherapy drug, into my bladder after she was finished cutting and cauderizing the tumors. The Mytomycin somehow seeped into my pelvic region. This caused intense inflammation and pain throughout my stomach and intestinal tract due to the toxicity of the Mytomycin. It is now July 28th. I am still unable to stand up for longer than 5 minutes without pain, am unable to drive or return to work. Both my Urologist and the owner of the practice could not understand why the chemotherapy drug seeped into my pelvic region. They believe that this was an allergic reaction to the drug. I believe that either they instilled the drug incorrectly or neglected to cauterize all the tumors or perforations properly. I am seeking to find an attorney who will take my case on a “contingency” basis.

Answer.

Mytomycin is given directly into the bladder through a urinary catheter. The urinary catheter is inserted through the urethra (the tube which carries urine from the bladder to the outside the body). The mitomycin solution is injected into the catheter, which is then removed. Normal walking around helps to disperse the medication throughout the bladder. The medication is left in for about 2 hours, after which the patient then empties the bladder (urinates).

The question is how did the medication get into your pelvic region. I think your theory that there was a perforation during the surgery is the most likely. Click here for a paper discussing a similar complication. In that case, a cytoscopy revealed the perforation. Was that done? If you have a perforation, I would think that needs to be surgically repaired, so it sounds like the medical side of your story is still incomplete. It sounds like a cytoscopy needs to be performed and if you have a perforation, that needs to be surgically repaired. I do not think that will ameliorate all of your problems, however, because Mytomycin likely damaged your internal organs.

All attorneys (including me) who litigate medical malpractice cases do so on a contingency basis.

Below are some articles you may find helpful.

Question.

I was hurt during my pregnancy at UMDNJ. I was wondering can I sue them? More Details: I was complaining about how bad they were hurting me. I was giving morphine after I told them I was allergic to it. I had an allergic reaction to it. They took note that I was allergic to it but kept giving it to me. I caught two seizures. When I got the c section they were so rough on me. I had to get my vagina stitched together but later found out that it was a sponge left up there. With my c section the doctor left some of it open. I had an infection and I could of died from it. While staying in the facility they forgot to feed me numerous times. This was the worst experience of my life.

Answer.

If they left a sponge in, that is malpractice. If they prescribed medicine you were allergic to, and the allergy was noted in your chart, that is malpractice. The question is whether a medical malpractice case is financially viable. To know the answer to that question, an attorney would have to review the medical records.

Note that you have ninety days to file a Notice of Claim against UMDNJ.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.

Question.

I wanted to know if there is any change to sue a doctor. More Details: 3 months ago my mom had open heart surgery for a leaking valve. During the surgery the doctor repaired the leaking valve. Everything was okay until about a month ago, when some test showed that the valve was still leaking. The doctor who performed the surgery said that there is no surgery need that it can be treated with medication. Two other doctors who review the result of some test said she does. So to get another opinion from another cardiologist we took my mom to another hospital. After several test and days at the hospital the cardiologist said that surgery is needed and the valve must be replaced. My dad and I were wondering if the doctor would originally performed the surgery can be sued or any of that. We want to know if we can do anything about this, because we don’t think it’s right that the original doctor won’t perform the surgery for the second time knowing he was the one who did the original surgery.

Answer.

You have reason to be suspicious if your mother underwent surgery to correct a leaky heart valve and within a month of that procedure she had the same problem the surgery was supposed to correct. I think the question in the case will be whether it is financially viable, because if the second surgery repairs the problem then most attorneys will conclude that the damages are limited and probably do not warrant the time and expense of a medical malpractice litigation. Financial viability is a judgment call, however, and different attorneys have different standards about the issue.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.

Question.

Can you sue your dentist if they messed your teeth up with braces but u stop going to your checkup?

Answer.

if you can prove that the dentist or orthodontist was negligent, you may have a viable case. Nevertheless, if you didn’t follow up and not had an impact on the outcome the dentist/orthodontist will definitely have a noncompliance defense.

Beyond this, dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

I had rotator cuff surgery and now I cant use my (dominant) hand. My right shoulder has been getting weaker and my hand curls up into a ball, like a claw, rendering the hand useless.

Answer.

It sounds like the surgeon caused a brachial plexus injury during surgery. Unfortunately, injuries to the peripheral nerve during surgery can be treatable, but brachial plexus injuries do not have a good prognosis. You should definitely contact a medical malpractice lawyer so that he can review the pertinent records.

Medical malpractice lawyers take cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.

Below are some articles you may find helpful.

Question.

I was treated at a local hospital and was treated terrible. very very bad. And then I went to a diff hospital and was told I have a herniated disc.More Details: The doctor was treating me irresponsible and the asset medical director called me and I was told the Director is going to call cause the Dr wasn’t supposed to do what she did. When I told her I went to another hospital and had a herniated disc she was upset and said it was against hospital policy to do what she did. Please help

Answer.

A viable malpractice case requires three essential elements: negligence, proximate cause and damages. The short delay diagnosis probably caused you no additional harm and therefore any case against the first hospital is going to have difficulty proving proximate cause and damages.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question.

Do I have a New Jersey Medical malpractice case? More Details: I was admitted in the hospital over 6 times this year. Each time I was admitted the care I received was awful, and to make it worse, I worked at the hospital. Every hour a nurse or pct is supposed to check on you, but they never would. They left an exposed needle in my arm for over 3 hours, causing my arm to become infected. The nurses would not scan my bracelet when giving me medication and would enter in the wrong times they gave me the medication. I was even given an overdose of pain meds one night. I had a broken bed for about a week that nothing was done about. I would have to hit the call button and hour in advance if I wanted a nurse or medication. I would wait up to 2 hours sometimes for pain meds. The nurses would leave stool samples in my bathroom and needles/medical garbage on my bed for hours. My bed was never changed unless my family changed the sheets. I can keep going on, but I’m not sure if this is a case or not.

Answer.

You do not have a financially viable medical malpractice case because while you may have received sloppy care, you were not significantly harmed by what you went through, and under the circumstances the case is not financially viable. The articles below describe this in more detail.

Question.

can I sue if they doctor did my epidural wrong? More Details: When I gave birth to my son the doctor gave me an epidural the first time she put it in my leg jumped so she took it out and sis it again now I have chronic back pain and my leg gives out on me.

Answer.

It sounds like you might have a case worth investigating. Have you seen a neurologist since the injection? Have they performed an EMG to determine whether you have an injured nerve? When you solve the questions surrounding your current medical condition an attorney will have a better idea if you have a viable malpractice case.

You should contact a local medical malpractice attorney (one in your state). Most of us take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.

Latest Questions and Answers from November and December 2013

Question:

Is it considered medical malpractice if my father was diagnosed with muscle inflammation when he really had metastatic disease? My father was experiencing severe pain in his whole body. In August, he visited an ER where he was diagnosed with muscle inflammation. He was prescribed muscle relaxers & given orders to see his primary physician. My father did not have insurance so the follow up was not made. In early October after still experiencing severe pain we took him to a low-income clinic were again the diagnosis was muscle inflammation. Both facilities took x-rays of his chest. I might add that this clinic also denied him low income insurance because he stated that he worked & made $500 a month in the month of June which is way below the income limits. My mom paid cash for these visits/x M rays. In late October, he visited another ER room because he had broken his arm (pathological fracture from the tumor). This hospital took x-rays of his arm & ordered further tests as the cancer was evident in the x-ray of just his arm. He was finally diagnosed in late October with metastatic disease. He passed away in early Dec.

Answer:

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

Can I sue my Dr. for giving me more dose than he actually prescribed? The thing is my Dr. prescribed for a certain dose of medication which I am taking it at his office. When I get my bill it is for double dose of what he prescribes. This could be either they are over dosing me or charging me for what I have not received. My question is can I sue for either of the case. Thanks.

Answer:

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Nurse Practitioner changed the dosage of the wrong pill. I was taking high blood pressure and cholesterol meds. Through diet I was controlling my Cholesterol and weaning myself off of the pills. I explained this to the nurse practitioner and she said she would lower the dosage of my cholesterol pills. I received both of my new prescriptions and had them filled. Around two months later my heart rate excelled and my heart started adding beats. Come to find out they had changed the dosage of my heart meds not my cholesterol. After several heart monitors, stress test, specialist and many other tests, the Cardiologist informed me that the pill mistake would cause my heart to add the extra beats and put it in the distress it was in.

Answer:

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

My husband was diagnose with throat cancer and told it would not spread. He went through radiation and chemo for about 3 months after that the said it spread to lungs. He had a sore nose they told him it was a pimple to put hot compress on. Then about 3 weeks later they said he has a sinus infection and gave him antibiotics which gave him a sezious 2 hours later hospital final gave him a brain scan and now he has cancer in face and brain also.

Answer:

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

Do I have a malpractice case? In 2011 my than 15 yr old daughter was brought to the ER presenting with minor facial tics, because was on risperdal she brought to the psych ward and admitted. her conditioned quickly deteriorated the psychiatrist called in the hospital’s neural-doctor who advised him that her condition was not psych but neurological, he advised that she was either suffering from a brain tumor, early on-set hutting ton’s disease or a rare condition called PANDAS(pediatric auto-immune neuro-psychological disorder assoc with strep. he determined that she was showing def signs of Sydenham’s chorea. he order a CAT Scan of the brain, and a blood tier work-up for high strep antibodies. they did the CAT scan but ignored the doctors request for blood labs because PANDAS is rare they ignored their neuron docs opinion and now she is chronically ill with a def diagnoses by another doc. there is so much more to this story. but they ruined her life her fine motor skills r gone and her brain is now damaged.

Answer:

You have reason to investigate a medical malpractice case given the outcome and the facts as you understand them.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

If you out of money for medical expert witness? I have an active medical malpractice case and have run out of money to proceed to pay the medical expert witness? If I dismiss the case, can I reopen again? I already have taken depositions from doctor, I am in the last step before trial where I have to provide medical expert report and my attorney says it will cost about 5000. I already have spent about 15000.

Answer:

You cannot dismiss the case and reopen again. When we take on a medical malpractice case, once the case goes into litigation, my firm covers expenses and then deduct the expenses from your recovery if and when that happens. As a practical matter I have never had to deal with this situation before.

Question:

Should I pursue this case? My wife was diagnosed with bilateral pulmonary embolism at a local area hospital. She was given a shot and placed on Coumadin and sent home from the ER. The next day her pain was so bad we had to take her to another hospital. We were told by that ER Dr that she should have been admitted to the hospital the night before on our original visit and treated. The Clots by this point had caused a pulmonary infarction which killed her lower left lung tissue. His direct words out of his mouth were “you need to understand something, you should have never been sent home in this condition, and do you understand what I’m telling you? You should have never gone home like this.” so now we are dealing with her reduced lung capacity. She is only 25 years old and was healthy up to this point. They believe the blood clots were caused by her pregnancy. They also told us that she was Coumadin sensitive and that the other hospital head thinned her blood into dangerous levels and should’ve tested it b4 release.

Answer:

I think there are some situations in which a pulmonary embolism can be initially treated at the hospital and then the patient can be monitored as an outpatient, but obviously your circumstances did not fit that scenario given the outcome and what the subsequent treating doctors are telling you.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Can I file a malpractice claim? Back in September, I had my toe amputated. A day or so later I was doped up severely where I didn’t understand the doctor and he didn’t ask my family he ask me in a doped up state whether to remove part of my foot or my leg just before the knee make the choice and I don’t remember any of this cause I was too out of it. If I would have been in my right senses I would of said no or part of the foot. Now I’m in a wheelchair no balance fall a lot waiting for a prosthesis which I rather am walking right now with a cane. So do I have a case or not.

Answer:

Informed consent cases are very difficult. I don’t know what the law is in Ohio, but in New Jersey you have to prove that if a reasonable person was given additional information, a different option would have been selected. If you had a gangrenous toe, it is likely that the infection spread into your foot, and removal was necessary to preserve you leg, so most people would have opted for the surgery in those circumstances.

This is all speculation, and there may be facts in the records that I am not privy to. Loss of a limb is a serious problem, so you should talk to an attorney in your jurisdiction and fill him in on the details.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Malpractice (do I have a claim). Took granddaughter to Kaiser to have her checked out because she had something in her nose and a bad smell was coming from her mouth and nose. They exam her and said she had teeth to close together and food was stuck which caused the smell. I was not happy with that so I took her to Children’s Hospital the following day and they exam her and removed object from her nose and treated her infection.

Answer:

It sounds like the first hospital was negligent, but the one day delay in care likely did not make an impact on the outcome and so you probably do not have a financially viable medical malpractice case. The articles linked below discuss this in more detail.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

My eye doctor did so much laser surgery on my eyes years ago that it has made me blind.

Answer:

It is hard to know whether you have a viable malpractice case without the details of the treatment. If it was laser photocoagulation to repair or avoid a retinal detachment, a host of complications can occur in the absence of negligence that lead to a poor outcome. At the same time, we have successfully prosecuted cases on behalf of clients when a medical mistake did occur. If the laser was to correct a refractive error, you may also have a case.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

I was treated for acid reflux with prilosec for months and finally went to another doctor who said I had stage two diabetes. I was treated by my primary care for acid reflux for more than 3 months for frequent urination, dry mouth, extreme thirst I was prescribed prilosec and when after a time I wasn’t any better I went back and the doctor said just keep taking the meds. I got sicker and went to the VA doctor who told me I had stage 2 diabetes. My blood sugar was 600 plus. I was immediately admitted to Winter Park Hospital on Dec 4 and released Dec 8. I am having to take insulin 4 times a day, my life has been turned upside down and I can barely control my emotions for the gross change of lifestyles that I will have to deal with for who knows how long.

Answer:

It sounds like you have reason to be suspicious about whether you received negligent care if you kept reporting back to the doctor indicating that the medicine was not working and he failed to investigate other possibilities. Nevertheless, the big question will be whether the case is financially viable because despite the delay, you probably would have had to be on long term insulin anyway. Articles linked below discuss the issue of financial viability in more detail.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question:

Statute of limitations. The date of surgery was 1/10/2012 but the injury was not discovered until 3/28/2012 with testing on 4/16/2012 to confirm. Will this make a difference going by the Virginia State Tort Law Statute of Limitations (Two years from date of original injury or after injury was discovered).

Answer:

You need to ask a Virginia attorney this question because the law pertaining to the SOL varies from state to state, but most states have law that tolls the SOL under a “discovery rule.”

Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question:

Can we file a claim for medical malpractice? I have been going to my Dr. since 2009 asking off and on for him to check a spot on my face to see if it was cancer. He kept giving me ointment saying “I know what that is” and it never healed, got quite large. Finally after it ulcerated he said I should see a dermatologist. By then it was biopsied at a stage 4 squamous cell carcinoma. I have just had Mohs surgery that has totally disfigured my face. I am very upset that this went on so long with the wrong diagnosis. Now I have a graft on my face that is large and hideous. The dermatologist said if I would have gotten in even 3 years earlier it wouldn’t have been so severe and deep.

Answer:

You certainly have a case worth investigating. The question is whether Mohs surgery would have had to have been performed at the outset, and what the difference was given the delay. Sometimes Mohs is recommended even with early skin cancer simply because of the location and aggressiveness of the cancer. Obviously, however, a four year delay in treatment needs to be looked at.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have rights and a case? In April, I had a Breast augmentation and tummy tuck. My breast has bottomed out and I have what is called a dog ear on my hip from the tummy tuck procedure. The doctor told me to deal with it. I paid with cash in full. What are my options?

Answer:

The problem with plastic surgery cases in general is that nearly all doctors require patients to sign extensive informed consent paperwork that explains that the results from the surgery are not guaranteed. Under the circumstances, it is difficult to prevail in these cases. The debate usually centers on whether the results from surgery were within the range of reasonable rather than whether the defendant doctor was negligent.

Also, while jurors deny it, they give plastic surgeons the benefit of the doubt in these cases because jurors often conclude the plaintiff brought the problems on himself because of vanity. It is not necessarily a fair conclusion, but it is a big obstacle in these cases.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a case concerning misdiagnoses for my 10 month old son? When my son was born, the tip of his nose was white. The doctors said it was just cartilage and the skin would close around it with time. As time went on there was no change. I asked again and the doctor said that we would have to do a skin graph before he turned one. I asked again when he was six months old. At that visit the doctor we were seeing we hadn’t seen since our hospital follow up appt. the doctor said it was a cyst and referred us to an ENT. Now we are having ct scans done to determine if this rare cyst is connected to his cranial bone. I’m just frustrated because the signs were there at birth and we are now figuring that this is serious. Either way surgery cannot be helped.

Answer:

If the delay in treating the cyst has made the second surgery more complicated or has taken a benign condition and made it harmful, then you may have a medical malpractice case. You should deal with the medical issues and then after the surgery is performed if you learn that faster intervention would have prevented what amounts to a permanent medical problem, contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Is a VA Hospital liable for what I believe was a botched procedure? My son was treated at a VA hospital and later transferred to another hospital to be treated for what they had done wrong. He died in the second hospital.

Answer:

If you have a viable medical malpractice case against the VA hospital, they are not immune by virtue of the fact that they are a VA hospital.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have legal action against a chiropractor that during a first treatment resulted in my going to the ER? I was having back pain and visited a local chiropractor. He performed an x-ray and concluded it was just an inflamed disc. He then put me on a spinal decompression table for about one half of an hour. After trying to get up it resulted in my immediate transport (via ambulance) to the ER. After MRIs and 5 hours it showed I actually had ruptured discs as a result of spinal decompression. I missed two weeks of work and suffered many medical bills. Do I have any legal recourse or should I just say lesson learned?

Answer:

It is hard to tell you whether he breached accepted standards of care on the facts that you provided, but if you were taken out of his office by an ambulance then it sounds like he either (a) should not have been providing you with the kind of treatment that he did given the underlying condition, or (b) that his treatment might have actually caused the disc problems. Either way, if the damage was limited to two weeks of lost time from work, then the case is probably not financially viable.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

What is the statute of limitation on medical negligence and injury? Negligence by nurse care was dropped twice by emits during transfer from hospital to hospital. Now have ongoing back n nerve damage.

Answer:

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

I found a pill in my food while I was staying in the hospital can I sue then?

Answer:

Presumably you didn’t eat the pill after you found it in the food. Under the circumstances, it did not harm you. Therefore, you do not have a viable medical malpractice case.

Question:

My father has suffered some serious drug interactions, could we have a lawsuit on our hands? My father had to get a heart valve replacement a month ago. Before the valve replacement the dentist had to pull his teeth and gave him antibiotics. After the surgery he was placed on the drug warfarin. He was released from the hospital having his blood checked, INR levels, and every few days. It turned out his blood was way too thin so we had to rush him to the hospital. He spent a week in the hospital ended up with fluid on his heart; the doctor told me he had no clue why his blood was so thin. They got everything under control, and he was released. They put him on a new antibiotic before leaving him go to treat him for c. diff. they also increased his dose of blood thinner. He was having his blood levels checked again and his blood was way too thin again so we were advised to take him back to the ER. I have been doing research that has told me that the blood thinner and antibiotics can cause a very serious reaction, elevating the INR. Shouldn’t the doctor have been aware of this?

Answer:

Obviously, if you learned that the blood thinners and antibiotics could interact and make the blood thinners stronger, then your father’s treating doctors should have figured this out before hand, and certainly after the first indication that there was a problem. If your father suffered no permanent harm as a result of these episodes, however, there will be questions about whether the case is financially viable. The articles below discuss this in more detail.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

I want to know about Injury or death from a defective pacemaker. Blood pressure records show when the minimum heart beat was adjusted upward; the pacemaker caused the heart beat to skyrocket, 20 + times faster than normal. Heart damage could result. When the adjustment was lowered, the heart beat returned to normal. As per Cardiologist, such adjustment should not have any reflection on any change in heart beats. If the higher heart beat continues, it would seem obvious the heart itself, would be damaged, thus the life expectancy would deteriorate rapidly, especially in a 78 year old person.

Answer:

If you can prove you have a defective pacemaker, then you may have a products liability case, although the advanced age of the patient will raise questions about whether the case is financially viable. The articles listed below discuss this in more detail.

If you do want to investigate pursuing the case, you should contact a local medical malpractice/products liability attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

I was severely burned from radiation treatment and I was told that I would only get sunburn, what can I do? Severely burned and skin pilling, radiation treatment had to be stopped.

Answer:

It sounds like you received an excessive dose of radiation therapy, but the question is whether it will leave you with a permanent injury or whether it will impact your treatment in a material way. If it does not, you will not have a financially viable medical malpractice claim.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a lawsuit? On January 28th 2013 my dentist took out all four wisdom teeth of mine and ever since then I still have no feeling on the bottom right side of my mouth. It has drastically changed my life. I have trouble eating and my smile is not the same. It affects me day in and day out. I have become depressed over it and I don’t know what to do.

Answer:

Injury to the trigeminal nerve during wisdom tooth extraction is usually considered an excepted complication of the procedure. To know for sure, an attorney would have to review the medical records.

Know that there is about a six month window of opportunity to try and fix these injuries, so get a referral to a neurologist as soon as possible.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Is it malpractice if your surgeon operates at the wrong level?  I had surgery on the 28th of October 2013 before being released the next day the surgeon came in and told me and my family he made a mistake and doing something accidently taking out the wrong cervical disc so now instead of three discs removed I have four.

Answer:

That is obviously medical malpractice. Wrong site surgery is a never event. The question is whether this will leave you with permanent harm and whether the case is financially viable.

Click here for an article discussing never events. Articles linked below discuss financial viability.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

I believe a missed or incomplete diagnosis may have resulted in the death of my twin sister. I believe a missed or incomplete diagnosis may have resulted in the death of my twin sister who was taken to the emergency room after becoming ill to the point of not being able to walk without assistance, the doctor who saw her diagnosed her with an urinary tract infection and sent her home, she died 5 days later.

Answer:

You would not ordinarily expect someone to pass away from a urinary tract infection if they timely obtained medical care; you have reason to be suspicious. To know whether the case is viable, an attorney is going to have to look at the pertinent medical records.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a medical malpractice lawsuit against my son’s doctor? Someone put an eraser in my son’s ear; I took him to a pediatric care facility. The doctor attempted to get it out with some tweezers, but was unsuccessful, so she used something like a scraper. She ended up scraped the inner ear causing it to bleed heavily. After 3 visits to an ENT, they had to surgically remove it because his ear was so inflamed he couldn’t deal with the pain of them trying to get it out. This was about 2 months ago, and he still has pain because it still has a scar in his ear.

Answer:

I am not sure how you are going to prove that the problem with the eraser was due to the pediatrician’s attempt to remove it rather than the whatever occurred to lodge it in there in the first place. The fact that it took three visits to an ENT and a subsequent surgery to deal with the problem suggests that it was a difficult problem. Finally, even assuming you can somehow prove that your pediatrician exacerbated the problem, if the eraser has been removed and your son has suffered no permanent harm, you probably do not have a financially viable case. This is explained in the articles linked below.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Wife died from brain tumor not being treated correctly do I have a case she went to a doctor for years complaining about having really bad head ache and all he did was prescribe ibuprofen for years never sending her to get a CAT scan or any other test to find out what was actually wrong with her could someone please give me a call so I could better explain my situation because as you can see I can’t spell very good and have a harder time typing my name is Steve and my cell number is 979 997 2857.

Answer:

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Dr. was not honest about husband’s cancer diagnosis. My husband passed away on Nov 1st of this year of Lung Cancer. He was diagnosed in 2011. For the first 9 months of treatment he did very well, or so we thought, because his tumor had shrunk so small you could barely see it on an x-ray. What the Dr. failed to tell us was that it had reached his lymph nodes. After 9 months he started going downhill and was put on a different chemo, but he continued to get worse and worse. We decided to move out of state and talked to his Oncologist about it and he ok’d it, (even though it would delay him starting a new chemotherapy) and referred us to an Oncologist near where we would live. He also told us the results of some x-rays and a CAT scan my husband had several days earlier. He said my husband’s tumor was growing. He never said anything else. So, we moved a couple weeks later. We decided to go to The Cancer Treatment Centers of America and we were told there, that my husband’s cancer had spread to his stomach, his liver and his lymph nodes.

Answer:

I am sorry for your loss.

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

I got bit by a dog. Dog owner refused to pay for hospital bill. I got bit by a dog a couple months ago. He bit me on my hip and my arm. It was a pit-bull so it was very painful. The owner said he would pay for the bill but he never did. Now they’re sending it to collections agency because I don’t have the money to pay for it. What should I do?

Answer:

You may have a cause of action against the owner of the dog, and if he owns his home you might be in a position to make a claim against his homeowner’s insurance policy.

Click here and here for more information about me.

Question:

Need to replace personal injury lawyer. Fell down step fractured ankle

Answer:

You have a right to replace your lawyer. Contact the attorney you are replacing him with, and he will make arrangements to get your file.

Question:

Do I have a case? I had an ultra sound on the 3rd of October to check on baby. Due date is the 5th. The Dr. said the ultra sound looked good and to come in Monday. On the 5th I realize he hasn’t moved in a while and I couldn’t get him to move so I called the on call dr. she said go to the ER. NO HEART beat…did they miss something?

 Answer:

The question is whether there were signs in the ultrasound or your exam that should have led to the conclusion that the baby was in danger. To know the answer to that question, an attorney would have to look at the medical records and possibly the ultrasound study and determine what the doctors are saying the cause of death was.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Can I sue my former cardiologist for not doing anything about a “dead” toe that had no circulation and was rotting? I had a blockage in my right leg last year that my cardiologist opened with a stent. I told him I was having a problem with one of my toes on my right foot, it was cold, getting dark in color and wouldn’t move. He did not check it nor had anyone else look at it. I was sent home and spent 3 days being sicker than I ever had been. I went to see my primary Dr. and he put me back in the hospital that afternoon. It turned out that the toe had no circulation in, was rotting on my foot and I had a massive infection in my leg, and the toe was amputated. My cardiologist stopped in my hospital room and asked me “if I fired him for not doing anything about my toe”. In November 2012 I again was in the hospital and had my right leg amputated due to a massive infection in the bones of my right leg and it was most likely from the earlier infection from my toe. Do I have a case for malpractice against my former cardiologist?

Answer:

It certainly should have been addressed; by the question will be whether earlier intervention would have changed the outcome. To know the answer to that question, an attorney will have to review the medical records or run them by an expert.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Is there evidence of Medical Malpractice? My souse has been seeing the same doctors since we were married in 1992. . His chief complaint was back and side pain. In Feb 2013 he was diagnosed with Stage 4 Inoperable Lung cancer. He was seen every six months for blood work and prescriptions. I think the cancer should have been detected as it has spread to his spine. I don’t think he was treated properly or diagnosed properly.

Answer:

It is hard to tell you whether you have a case based on the facts that you provided. Back and side pain is not the symptoms you would normally associate with advanced lung cancer. If your question is whether they should have detected the cancer before it spread to his spine, I think an expert would tell you that it would be impossible to prevent the spread of Stage 4 lung cancer to the spine.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

What recourse do I have after a Dr. completely botched a knee replacement?  The new knee was supposed to be custom made, it is too big. My knee is set at a bad angle 11.5% interior angle! The bottom half of my leg is rotated counter clockwise and there is a gap between my bone and the prosthesis. Two Dr. has verified this information. I will need to have a complete redo.

Answer:

It sounds like you have reason to suspect that you received negligent medical care in as much as the subsequent treating physicians are essentially telling you this. The big question will be whether the re-do surgery fixes the problems. If it does, you may not have a financially viable case.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a case if my significant other was ready to give birth, checked by the on call? Dr. and sent home for another week, crying in pain, only to give birth an hour later on the bathroom floor? The bloody site was horrifying for 3 small children, scared for their mother. Now they won’t give us birth records because the baby wasn’t born at that hospital, but would have been had the Dr, not made a bad call, prior to the emergency delivery. We are all devastated by this event.

Answer:

It sounds like you have good reason to suspect that your wife received negligent care, but if everyone is healthy today, you probably do not have a financially viable medical malpractice case. The articles below discuss this in more detail.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Can you sue a hospital or doctor for getting the MRSA virus while being operated on for a spinal fusion? Two years ago, I was giving a spinal fusion. I contracted the MRSA virus during the procedure. I was on medication for 6 weeks and taken off the medication. Two months later, I got the MRSA virus back and was given a port to receive the same medication for 8 more weeks. Since then, I have learned that I should never have been taken off the medication by the Surgeon until the Infectious disease Dr. did tests to make sure the virus was out of my system. At the time the Infectious disease Dr. was leaving the hospital for a position elsewhere. She did no further testing and released me. Two months later, I got the MSRA virus back badly enough that I could have died. I am still having trouble with my back because the fusion is not healing. I am now taking hormone shots and had to purchase a bone stimulating machine to try to heal the fusion before having another surgery. I believe the MRSA is why my bones no longer want to heal as I have had three other discs fused with no healing issues.

Answer:

You should have an attorney review the medical records because it sounds like you have reason to suspect that you received incomplete care from the infections disease doctor who you treated with. It goes without saying that you cannot take a cavalier approach to a MRSA infection in the spine.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

If someone who goes to the hospital due to infection and gets sent home while still having the infection and dies from it can the family sue? My dad died last month from an infection. He went to the local hospital about the middle of last month due to an infection in his legs and he stayed there a few days and then they released him. A couple of days later he worsened and we sent him to the VA hospital but the infection had reached his heart and he died at the end of the month. If he stayed in the hospital before he wouldn’t have died so can we (his family) sue the hospital?

Answer:

You may have a viable wrongful death case, but to know for sure an attorney will have to obtain and review all of the pertinent medical records. The big question will be whether different treatment would have prevented the outcome.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a medical malpractice case? In September of 2009, I went to a dermatologist a pointed to a spot on the left side of my nose and asked if it was cancer. He sated it was not it was an overactive oil gland. He then took skin from the right side of my nose and my right wrist. 2 years later that overactive oil gland started to bleed. I went back to the doctor. Turns out it was cancer. I have lost lower left side of my nose.

Answer:

Obviously you have reason to suspect that you received negligent care if the doctor was biopsying everything around the cancer but not investigating that spot. The big question is whether the statuete of limitations has run.

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question:

Gauze left inside my wife! My wife gave birth to our first child last month. For about a week my wife was complaining extreme pain. Since we are first time parents, we attributed the pain as normal due to child birth. Exactly a week after giving birth we went to see her OB/Gyn. The doctor then found gauze that was left inside of her!! Now she feels much better and since then the OB/GYN reported to the hospital and now there is an internal investigation regarding the matter. Do we have a case? What should we do/not do?

Answer:

Retained foreign objects following surgery are “never events” which are medical mistakes that Medicare, Medicaid and some insurance companies have concluded should no longer happen. When a mistake is labeled a “never event” Medicare, Medicaid and insurance companies will not reimburse medical providers for care that is rendered necessary as a result of such mistakes.

If you have a retained foreign body following a surgery, you were the victim of medical malpractice. If no lasting damage is done and a second procedure will remedy the problem entirely, there will be a question about whether the case is financially viable, because the damages may not be sufficient to support the time and expense of a malpractice litigation.

If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question:

Does tendonitis caused by misplaced hip implant qualify as Medical Malpractice? I had THR 1 year and 9 months ago and have been diagnosed with hip flexor tendonitis due to misplaced implant. I may have to have revision surgery soon.

Answer:

It sounds like you have reason to be suspicious if you have been told that the tendonitis is due to a misplaced implant. If the second surgery will cure the problem, there may be questions about whether the case is financially viable. Finally, you need to act quickly because depending on state law, you may have a statute of limitations problem to contend with.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

My bladder was accidentally punctured during hysterectomy. Can I sue?

Answer:

It is hard to answer your question definitively without looking at the records and determining why your bladder was injured. Generally speaking, because the initial incision during a hysterectomy is a “blind incision” when the bladder is injured during the initial incision is deemed an accepted complication of the procedure. Sometimes the bladder can be injured during the insertion of surgical staples. That is a potentially viable claim. Finally, if a surgeon fails to recognize the injury, and you have to undergo another procedure to fix the problem that should have been recognized in the first surgery, you may have a case. In this last scenario, however, there will be questions about whether the case is financially viable.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

How can I get a good lawyer on this medical malpractice case?

Answer:

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a case? My arthritis doctor had me on prednisone daily for about three years. Subsequently I developed Osteoporosis, cataracts, disk compression, knee replacements, severe arthritis in my neck & spine. I can barely walk. I am 56 years old & my body functions like an 80-90 year old woman. How much compensation am I entitled to?

Answer:

Osteoporosis is a known complication from Prednisone use, but the question is whether your current condition was the result of your doctor prescribing the medication in a way that failed to comport with accepted standards of medical care. Sometimes doctors have to prescribe drugs that are potentially dangerous to deal with a more immediate threat that will have more dire consequences.

You might have an informed consent case, but to prevail you will have to prove that if the doctor told you about the possibility of this complication, you would have refused to use the medication, so the viability of your informed consent case is going to rest in part on why you needed to be put on Prednisone.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Do I have a case? In March 2012, I went to the ER because I was urinating blood. Had a follow up and more tests done by a specialist was told it was from enlarged prostate, on November 12th, 2013, I went back to ER for pain in my lower areas and the found a tumor on my bladder that was found on my bladder but never reported to me ever from 2012. So it was there in 2012 but nothing ever said to me about the drs this time compared the tumor from last year and it has grown in size, possibly cancerous. I’m scared and very angry.

Answer:

Obviously, you have reason to be suspicious given the disclosure of the existence of the tumor in 2013. To know whether you have a viable medical malpractice case, an attorney will have to look at the records from the treating doctors to determine if there was evidence that should have lead to a more thorough workup in 2012.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

What kind of lawyer do I need for spinal cord injury?  What kind of lawyer do I need for spinal cord injury caused by handing equipment to spy on me?

Answer:

It’s not clear how you injured yourself. If you provide more information about that, I can try to answer your question.

Question:

Can a personal Injury suit be brought if the injuries did not require hospitalization? While driving in the slow lane on the GSP I was hit from behind by a car moving at 90+ mph. My car spun several times, hit a divider and stopped. I hit my head, neck and shoulders on the side of the car. (The other driver fled his car and ran away – he has been caught. I don’t know yet if he was drunk). I went to the doctor, but did not need the hospital.

Answer:

You do not have to go to the hospital to maintain a personal injury claim, but depending on the kind of coverage you elected on your policy, you may be subject to the verbal threshold, which requires an injury of a baseline level of significance.

If you are injured and seeking continuing care, you should consider talking to a local personal injury attorney (one in your state).  Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the “Find a Lawyer” service through this website to research personal injury attorneys. Then, visit each attorney’s website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

Can I get any kind of compensation as a result of being told by my OB/GYN that I was pregnant when I was not?  I took a urine test at the doctor’s office: doctor said it was positive. Extremely unlikely to get a false positive. Told me blood results would take one day. Doctor did not have blood results next day. I am 19 & was only about a month away from leaving home for college Emotional distress claim?

Answer:

You cannot sue a doctor because you experienced a false positive pregnancy test. Extremely likely is not the equivalent of impossible, so any claim that you were misled is not supportable. Beyond that, you suffered no significant harm from the test result, so the case is not financially viable. The articles linked below explain this in more detail.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

Medical Malpractice: 9 month old baby feeding tube misplaced into colon. 9 month old daughter received straight forward surgery to put Peg Tube (Gtube) into stomach. It was placed incorrectly (tube went through her colon into stomach). For 3 months, did not cause issues. When doctor switched Peg Tube to Mic-Key (smaller Gtube), it was incorrectly placed into colon. After Mic-key placement, x-ray was done to check if it was placed in stomach. Radiologist thought it was in stomach and sent us home. Damages: -daughter on continuous feeding for 1 month, preventing many activities because waiting for colon hole to heal -constant diarrhea and no nutrition for 2 weeks -dehydration, lost weight, 3 hospital stays -additional future surgery, anesthesia and x-ray exposure -further delay in development and other planned treatments for other issues -caused parents emotional pain, loss time, and earning capabilities due to extra care, doctor visits, hospital stays. Doctor said this is rare complication. Doctor and radiologist did not discover this in time. Should we sue?

Answer:

The entire purpose of the x-ray is to insure position, so it sounds like someone made a mistake. Despite this, I do not think you have a financially viable case if there were no long term health consequences. That said, a problem with evaluating any malpractice case involving an infant is that it is very hard to determine the impact of a medical mistaken a baby. You have to look at milestone markers and try to determine whether there is a developmental issue. If there is, you then have to determine whether the negligence is the cause of it, or whether something else is responsible for the problems.

I would suggest that you deal with the immediate medical issues, and see how things play out over time. Usually the statute of limitations is tolled for minors, but to know for sure about that issue you should contact a malpractice attorney in your state and run the facts by him.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

I had a lung collapse after my lung biopsy. I have multiple lung nodules had a lung biopsy. Later that day I noticed I couldn’t breathe went urgent care the doctor took x-rays saw my collapse lung put me on o2. I was sent home. I called the on call nurse was told either come in urgent care or er I went to the er they taken more x-rays and admitted me the hospital for 2 days the doctor told me my lung collapse no need for tube in my lung and was told it will go away in its own in time.

Answer:

I don’t know whether a lung collapse following a biopsy is an accepted complication of the procedure, but clearly if the prognosis you have been given is correct, you do not have a financially viable malpractice case. The articles below discuss this in more detail.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Question:

How long do I have to file a lawsuit against a hospital? My mother went to the hospital last November for a bowel obstruction and is now on a ventilator. She almost died twice in the ER at the same hospital. I believe the first instance created complications which resulted in her being on a vent.

Answer:

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Question:

Surgery wasn’t performed. My previous urologist performed a prostate operation called a TURP 2/9/2012 @ Edward White Hospital in St Petersburg, FL. I was disappointed that the problem of frequent urination and being able to empty my bladder wasn’t solved. My current urologist found my bladder was retaining about 200cc’s. He went in with a camera and found that none of the tissue that was supposed to have been removed was still there. The operation apparently wasn’t done. He will photograph the condition of my prostate before he performs a TURP which is still necessary.

Answer:

If you can prove that the first surgeon actually did not perform surgery, then obviously you have a medical malpractice case. The caution is that subsequent treating doctors often overstate the bad things that happened before they became involved in the case to patients, but when pressed in depositions, they do not stand their ground. Also, there will be questions about whether the case if financially viable.

Question:

My husband was diagnosed with whiplash when his neck was broken. We went to an urgent care in Maui after a neck injury on vacation. When we returned home and went to the ER, it was discovered his neck was broken which was 4 days later. I called the urgent care back the next day’s explaining he was in extreme pain & could we have pain medication for him to be able to fly home and they said no. I then had him do a deep tissue massage on the day we left to give him some relief to be able to fly home. The neurosurgeon we saw at the ER said it was a miracle he was not paralyzed. I asked the Urgent Care to refund my cost of the misdiagnosed visit but they will not return my calls. (We went to our local ER and he was immediately sent to our local University hospital to see a neurosurgeon.) His C3 vertebra is broken.

Answer:

It may have been medical malpractice for failure to diagnose the fracture, but the big question is whether the case is financially viable. The articles below discuss this in more detail.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Latest Questions and answers submitted online in October 2013

Question:

Do I have a case? Went to doctor with heart problem. My aorta was leaking and I had surgery.  Month later when I went back that put me straight in ICU.  The doctor had a copy of my MRI.  The first time I seen him but he didn’t look at it, sent me home.  When I went back that did there on MRI cat scan that when that put me in ICU been 5 month.  Now and I still can’t talk, my voice still messed up and no one has even tried to fix it. My surgeon told my wife after surgery that he was very sorry for sending me home.  The first time said I should have never been sent home.

Answer:

It is hard to tell you whether you have a malpractice case worth investigating without additional detail, but you certainly have reason to be suspicious given what the doctor said to your wife.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

If I live in Nevada and was damaged in surgery done in CA, in which state does my attorney file my lawsuit?

Answer:

Suit must be brought in the place where the malpractice occurred.

Question:

Do I need to consult a lawyer before going back to my surgeon?  I had hernia surgery 5 months ago with mesh implant and there has been pain since. I saw my doctor about a month ago he said wait 4 to 6 weeks if still bothering me come back. Today I woke and my scar has turned red and has a discharge and I’m still in pain. It’s Saturday so my surgeon’s office is closed. Not sure what I should do but without advice. I will call him Monday morning.

Answer:

You need to get to a doctor ASAP because you have a postoperative infection. If he cannot see you immediately, go to the ER. Sort the medical problems out and contact an attorney when the dust settles from that. I do not know what the statute of limitations is in WA, but you certainly have time to deal with an emergent medical problem before worrying about the legalities your situation.

Question:

Is this considered malpractice if a Dr put faulty screws in a cervical plate in your neck and had to have surgery again 6 weeks later after the first?

Answer:

If it is not a medical malpractice case, it is a products liability case against the company that manufactured the screws, because obviously the shelf life of screws inserted into your spine needs to be more than six weeks.  If I had to guess, it’s not the screws, it is how they were inserted. I say this because the failure is so soon after the procedure. If the second surgery completely cures the problem, there will be a question about whether the case is financially viable and you may have a difficult time finding an attorney to take on the case.

Question:

I want to know if I have a case. I had a miscarriage and doc performed D&C 3 days later i developed a high grade fever chills and excruciating pain that meds could not subdue went to ER and was admitting told I had a terrible infection round the clock antibiotics fever still rising performed ultrasound discovered fetus remained he didn’t get all out days later another D&C was done then I was released with antibiotics and pain meds.

Answer:

It should not have happened, but if the subsequent surgery cured the problems, you probably do not have a
financially viable medical malpractice case. Articles below explain why this is so.

Question:

Can I sue a hospital for neglecting to take head X-rays?  As a result of not taking an X-ray I have a fractured skull and can feel the bone popped out under left temple. And deal with constant headaches and weird feelings.

Answer:

Deal with the medical problem first, go to the hospital and get re-x-rayed. If the subsequent care deals with all of your problems, then you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail.

Question:

My son broke his collar bone while in the after school program can I sue the school? The kids were playing football outside during the after school program and my son fell and broke his collar bone. There was a little ditch in the dirt which caused my son to fall.

Answer:

You could probably find an attorney to open a file and investigate a claim, but it is a tough case because the school is probably entitled to some immunity under the Tort Claims Act. Also, note that you have ninety days to file a notice of claim, so if you are going to pursue a case, you should contact a personal injury attorney as soon as possible.

Question:

Problems with doctor and surgeries.  I cut both tendons in my ring and small finger with a knife cutting some fruit seen a hand specialist 2 days later and had my first surgery the next day I picked up a small magazine with both hands and dropped it on a spider and felt a pop in ring finger and call the doctor’s office went in the next day same doctor that did surgery looked at my hand and said I was fine even after I told him countless times something wasn’t right he sent me to physical therapy for 3 weeks and finally physical therapist told doctor I needed a MRI because there was no progress so had MRI and like I told him my tendon had re-ruptured and tendons in small finger were also ruptured he then blamed me for my tendons being ruptured again is there anything I can do about this as far as him not listening to me when I told him it wasn’t right there is more to this I have had 3 surgeries in the matter of 4 weeks thanks for your time

Answer:

You may have a case, but it is going to be hard to quantify the damages. It sounds like he failed to diagnose the tendon rupture in the little finger and he obviously failed to diagnose the re-rupture, but the question will be what impact the delay in dealing with those two conditions was on the ultimate outcome. I could be a case, but if you called my office I would tell you to wait until the dust settled after the final surgery to see (a) whether this caused permanent damage and (b) how much of whatever was left was related to the delay/mistreatment. Of course, you have to also be mindful of the statute of limitations, so you cannot wait forever.

Question:

My son who is 14 was born with Spina Bifida and other health issues. His urologist performed a surgical procedure on him in April of this year. The surgical procedure was supposed to close a hole that had developed in the urethral channel that was causing extra urine to escape. In September the wound developed an ulcer that caused the wound to cave and also created a infection. Since this has happened the wound is still leaking urine from the area that was supposed to be closed in April. I want to know if this is considered medical malpractice, thank you.

Answer:

It is hard to tell you whether you have a viable malpractice case because the cause of the ulcer is not clear. If it is a necrotic ulcer, it may have been the result of negligence or it could have been an accepted complication of the procedure. Also, post-op infections are usually an accepted complication of surgery, but can sometimes be the foundation of a medical malpractice case if they are not timely addressed. Finally, another question is whether additional care will remedy the problems, because if it will, the case might not be financially viable.
To know whether you have a viable case, an attorney will have to look at the records.

Question:

Root Canal. I had a root canal several months ago and then a permanent cap. I told the dentist who did the root canal that I was having pain before the permanent cap was placed. She said it was from the root canal procedure. A few weeks later I was still experiencing pain and went back to her. She said she did the root canal properly and said I needed to have my gums cut or see a root canal specialist. I then went to see another dentist in that practice. He removed the permanent cap and gave me a temporary. He thought that would stop the pain. It did not. He agreed with her and I saw a gum specialist who did not agree with them and said it was the root canal. Now they want me to pay to see the root canal specialist. I have already paid for the root canal and permanent cap which I don’t have because dentist #2 removed it and placed a temporary. Are they responsible for completing the procedure and costs? Do I have to pay another dentist for another root canal or should they pay

Answer:

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Question:

Is there any litigation going on against Lasik doctors? When getting Lasik done in both eyes, the doctor messed up my right eye. I no longer have 100% vision in it. Maybe 5% vision.

Answer:

If you are left with 5% of your original vision then you should at least contact an attorney to evaluate the case. We get allot of calls about Lasik surgery, but more often than not the complaints are considered accepted complications of the procedure. At face value, your kind of visual loss does not appear to be in that category.

Question:

If my acetabluar cup was put in wrong, is that negligence?  THR 2011. Severe pain in groin ever since surgery.  Finally found that the surgeon put the ace tab. cup in wrong, which is rubbing on my soas tendon? 1/2 inch longer than other leg,,,,even 1/2 in is causing horrible pain, but the soas tendon is the worse!!!!

Answer:

If he put the cup in wrong and you can prove that then you may have a viable case.

Question:

My 9 year old son was cut on both sides of his arm with a cast saw in the ER department of our hospital. Would I have a case for malpractice? My son broke his arm while roller-skating on a Saturday, had a full arm cast put on that night at a Children’s hosp out of town. On Monday, he had dangerous swelling under the cast which was causing numbness, tingling & pain. I took him to our local ER & they made a phone call to the Children’s hosp who put the cast on & both agreed the cast needed cut to relieve the pressure. They took us to a room & several people were looking for the cast saw & couldn’t find it. Eventually a lady found it & gave it to the dr. My son was scared & the dr. said the saw will not cut him. He started cutting the cast & my son (who rarely cries) burst out crying that the saw was cutting him. The Dr. PROMISED him that it was not cutting him, it just feels hot. A lady was holding my son’s arm while the Dr. kept cutting without regard to my son crying out in pain. 3 weeks later when the full arm cast was removed to put on a short cast, there was blood in the cast & scars & sores where the ER dr cut him.

Answer:

It sounds like malpractice, but if no permanent damage was done and the scars are not too bad, there will be a question about whether the case is financially viable.

Question:

I have a current Neurosurgeon who told me my last surgeon in Nevada was negligent in my care.
My current Neurosurgeon in CA told me my last surgeon Dr Halki from the Reno Ortho Clinic, should have sent me to a surgeon who had the skills to do the surgery that I needed. I was told he put in the cervical plates wrong, and they were the wrong size. I was told Dr Halki did not have the skills to do my surgery and should have sent to another surgeon who had the skills. Dr Halki did a 4 level posterior cervical spinal fusion in 2009 He then did a one level anterior cervical spinal fusion in 2010. I heard that the statute of limitation can include the time I found out that malpractice/negligence occurred. I just found out in July of 2013.

Answer:

The tolling of the statute of limitations under the “discovery rule” is a common law and sometimes a statutory defense to a SOL defense, so to know whether it applies to your case, you will have to contact a Nevada attorney who will know the law pertaining to that state’s SOL. Also, you will need to consult a Nevada lawyer because that is where the case will have to be filed.
Obviously, if the second surgeon is correct, you have a malpractice case worth investigating. In my experience, however, spinal surgeons are quick to criticize other doctors “off the record” but won’t act as experts in litigation. Additionally, when I consult a different expert, I often get a different story (the harm was an accepted complication of the procedure; the plates migrated after the surgery etc.).

Question:

I have a dropped foot from a shot in spine for my back and ended up with a drop foot. Now the Dr. Said it won’t go away I will always have it. It was done 1/12years. But they now say I will always have it

Answer:

You would not expect a dropped foot following an epidural procedure in the absence of nerve damage, so it sounds like you have a case worth investigating.

Question:

Could my mom be a victim of a wrongful death? My mom had an nail infection and due to the hospital not focusing on her having lupus, they didn’t take it too serious. They gave her some antibiotics, she had to return a few days later, due to it giving her some pain up and down her arm. Which she had to get her whole tip of her finger amputated all the way to the knuckle. A few weeks and so many days later, she ended up having a mild heart attack. And stayed for a week. And wasn’t given the proper medication for chronic pain. And died suddenly a week and a day after having a surgery.

Answer:

It is difficult to tell you whether you have a viable malpractice claim without knowing what the cause of death was. Your mother seemed to be suffering from a few disease processes that were going on simultaneously that were not necessarily related. In any event, if you want to investigate a case, you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.

Question:

Do you have to be a direct family of the deceased to sue for malpractice? My friend was having chest pains, she went to the doctor and he told her that it was a muscle spasm. He never sent her for further testing. She died 2 weeks later from a heart attack. She has 3 children and was going to be married. Can her fiancé file a lawsuit or does it have to be the kids?

Answer:

Whoever is executor can file a claim on behalf of the estate. The fiancé will probably not have any right of recovery, but the children will.

Question:

My surgeon clipped the tube from kidney to bladder. I had to return to surgery for repair one day after released from hospital. After spending 11days in hospital I came home. Returned to hospital after catheter was remove with 101 fever, profuse throwing up and diarrhea. While in the hospital for the 3rd time was admitted to ICU with 105 fevers. I spent 6 days in hospital this time. Diagnosis was sepsis, c-diff, and unitary tract infection. Am I liable for the expenses incurred for the last two hospital stays?

Answer:

You will remain responsible for the bills. If you file a medical malpractice case, any out of pocket expenses that you incur will be part of your damages in the case if you prevail. Additionally, your health insurance carrier will likely assert a lien for any bills they paid.

Question:

Medical malpractice. Is it illegal for a orthopedic surgeon to say I have a anxiety disorder and OCD tendencies and give me medication for these the only disorder I have ever been diagnosed with is adult ADHD never been seen or diagnosed with either of the above disorders by a psychiatrist.

Answer:

I don’t know why your orthopedic surgeon is medicating you for psychiatric issues; it is not something within his specialty. I think this is a question you should be directing to your psychiatrist or to the surgeon.

Question:

Will I still be able to find out what caused my mother’s death? Mother died January 30, 2010 according to her death certificate it was from complications due to her diabetes, sarcoidosis etc. No autopsy was done on her to determine the true cause of death. Asked the emergency room doctor if one had been done she said no and I asked her if she could do one she said no because my mother died at home, I never been comfortable with that answer feeing just as if they were hiding something or just being lazy. My mother had just recently had surgery to have a device put in to keep oxygen going to heart that same month, her doctor on several occasions sent her home with swollen legs and I eventually would have to take her to the emergency room those doctors will tell me that she should have never been sent home like that. So in some ways I believe her doctor was negligent in her care and the emergency room doctor was negligent in diagnosing the cause of death.

Answer:

State law dictates when a hospital has to perform an autopsy. I do not know what the law is in Illinois, but I investigate cases all of the time involving a death in which no autopsy was performed. Experts can determine the cause of death by looking at the pertinent medical records. If the cause of death listed by the doctors on the death certificate was wrong, an expert in a medical malpractice case should be able to make that determination.  From my perspective, I am not sure that your suspicions are well-grounded. Your mother had allot of underlying health problems that could have contributed to the outcome. Beyond that, I think that there will be questions about whether any case is financially viable.

Question:

My brother contracted Hep C after a double organ transplant. Do we have a malpractice suit? He did not have Hep C prior to kidney and pancreas transplant and did not have a lifestyle where he would contract it. He died four months after the transplant and we can’t get the records to see what is going on. He also had a type of fungus that he contracted after the operation.

Answer:

Lawyers file cases in similar circumstances all of the time. It is more of a products liability case than a medical malpractice case, but if you look for a malpractice attorney you will find someone who can help you.

Question:

Do you all take medical cases? Hi my name is Angela Stine and I had my tube tied June 10, 2011 and I found out i was pregnant September 2012. I had my tubes tied at Meharry Hospital and I found out how I got pregnant washed 2 clamps wasn’t all the way.

Answer:

Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies. To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does.
If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.

Question:

Could medical facility be liable for giving medication causing stroke? Approximately 13 years ago I was in a medical facility for depression. I was given medication and awoke in middle of night with left leg jerking involuntarily. The medical team was alerted to this and the medication was stopped. Unfortunately, the next morning I was only able to communicate with an intense stutter or involuntary jerking of my mouth when I tried to communicate. I was not told what happened or why when I was released.  I stuttered daily upon every attempt to communicate. Probably this continued for a year and lessened to the point it was unnoticeable except for occasional bouts…I have just dealt with another bout.  Could I have had a stroke? I have no other way of explaining why this was not addressed or even why I did not comprehend the issue and seek medical testing on my own.

Answer:

If you came out of the hospital with a new condition and it has never been explained, then you have reason to be suspicious, but I think you are going to have a problem with the statute of limitations.
A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.
In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

Question:

Had two surgeries and was told by my specialist on my third surgery that they were done incorrectly
More Details: Had thyroglossal cyst removed in April, 2008. Was going twice weekly for dressing changes but continued to drain & wasn’t healing so Dr. decided to do 2nd surgery in July, 2008. In June, 2013 I had thyroglossal cyst recurrence. Specialist told me that Dr. who performed the first two surgeries should not have performed surgeries at all due to not just any doctor knows how to perform this type surgery & that I would continue to have recurrences unless a 3rd surgery was done correctly. Had 3rd surgery in September, 2013.  Specialist told me this is what he considers Malpractice

Answer:

If the second surgeon is correct, then you have reason to suspect that you were the victim of negligent care, but if the third surgery resolved all of the issues I think there will be a question about whether the case is financially viable. The articles linked below explain this in more detail.

Question:

I had a Mammogram in July. When it was done had a 4 inch tear unI 2 days. Do I have grounds to sue? I am big busted and the tech said she would have to do 2 views I said ok. She said are u sure I said Its a Mammogram not surgery. Instead of lifting my breast she tried to slide it and it was stuck to the plastic breast plate on the machine and it tore the skin. She did it a second time and I yelled what did u do? She said they are large and went on to do the other side. I told her I would move that breast for her not to touch it. At the end the area under the R breast was bleeding and she got me gauze and ant. ointment to put on. I tried to clean it with water but was stinging and burning. I couldn’t see what happened. I applied gauze and oint. I came to work but was so wet from bleeding asked 2 co workers to look at it and they said I needed to see a doc. She took a picture so I could see how bad it was, It was pretty bad. I called the Mamo place and told them I needed to see a doc. They called back in the am and I went to see the Radiologist. She referred me to a breast surgeon/Specialist.

Answer:

It sounds like you received negligent care, but there will be a question about whether the case is financially viable depending on the outcome of care. The articles below explain this in more detail.

Question:

Walgreen gave me wrong dose. Two times Walgreen gave me wrong dose of my medication. First time theyn corrected it and gave me correct dose at no charge. the medication is metformin . They gave me 500mg twice a day total 1000mgper day. i was not informed to take this medication twice a day so i only took it once a day. My original order should be metformin er500mg on tablet a day.this went un noticed the second time for 7/23/12 till i went to doctor for my physical and got the paper preciptionand notice3d it was the wrong dose. Contacted Walgreen.

Answer:

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.
If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Question:

Can I sue my doctor? He did not inform me that i would lose all mobility in my left arm.

Answer:

It is difficult to answer your question without the basic facts of what happened. Generally speaking, when an unexpected, unwarned against complication occurs, you have reason to suspect that you were the victim of medical malpractice. To be able to answer your question, however, I would need to know more information.

Question:

Is this considered medical malpractice? I had an elective d & c procedure done a week ago. They sent me home without a prescription for pain meds or antibiotics. 3 days later i spent over 12 hours in the ER because I had excruciating left abdominal pain. All types of test (CT scan, pelvic exams) were done and nothing showed up. The next night i was back in the ER with the same pain x10 and they found an infection in my uterus and a Urinary Tract Infection. The doctors in the ER asked if i was given any antibiotics or pain medicine after my procedure and i told them only 1 pain killer when I was discharged after my procedure.

Answer:

I think the literature supports the position that prophylactic antibiotics need to be given. Click here for an article that suggests this. The question will be whether the case is financially viable. The articles linked below discuss this in further detail.

Question:

Can I Sue? I was smashed it the stomach by a Pool table and called an ambulance, I was taken to the closest hospital and in the ER the ambulance EMT talked me into going to what they called fast track, As soon as I said ok the pulled the IV, took me off the stretcher and had me wait in the waiting room for 5 hours where I got so infected internally that I had to be rushed to a Trauma Center for emergency colon repair and colostomy, because of the infection, Can I Sue?

Answer:

Given the outcome, you certainly have reason to investigate a malpractice case. The issue will be whether timely intervention would have resulted in a different outcome.

Question:

What do I do if my hip replacement left me without walking properly? Cannot tie shoes, need cane of walker after 11 months. Please advise Richard.

Answer:

Depending on the length of the difference and why it exists, a leg length discrepancy following hip replacement surgery may be the result of medical malpractice. To know for sure, an attorney will have to secure the pertinent medical records and radiographic studies and have the films reviewed by an expert, if the records do not foreclose a cause of action.

Question:

Do I have medical malpractice lawsuit? I had liesions under my arm pit and small styes in my eye lids. Doctors removed from under my pit, and did blood test. I have another leision on my hand now, and doctor, cut open & cleaned out. Then checked my previous blood test. The hospital did not inform me previously, I have rare case of MRSA. That I now have had for over a year.

Answer:

If your blood or pathology cultures came back positive for a methicillin resistant staphylococcus aurous infection and you were never told this, and you were not placed on the appropriate antibiotics, and now you are dealing with additional problems related to that, you may have a viable medical malpractice case. To know for sure, an attorney will have to look at the pertinent medical records. Also, now that the infection has finally been diagnosed, if the care you are receiving cures it without further damage, there will be a question about whether the case is financially viable. Articles linked below discuss this issue in more detail.

Question:

I had congestive heart failure, earlier in the week I call the doctor. I ask the doctor to call in medicine for a cold or the flu. I told the nurse I was tire and had shortness of breath. I also told them I had a fever and they did nothing. That Sunday, I had a temper of 107 and had to be rush to the ER. In the ER they had to work on me, they said I had heart failure and pneumonia. Now i have to be treated for congestive heart failure.

Answer:

You have a difficult liability case. You either had concomitant medical problems or your pneumonia caused you to develop congestive heart failure. Shortness of breath is consistent with a cold, the flu and congestive heart failure, so when you called reporting those symptoms, it would not necessarily compel a diagnosis of one of them in particular. Finally, if you were ultimately diagnosed and treated for these issues, and you get better, there will be questions about whether the case is financially viable.

Question:

Can I sue a dental office for cutting half my lip when pulling my teeth? A dental office in Columbus Ohio went to pull my 4 wisdom teeth and put me to sleep; when I woke up I had a big cut in my lip they said it was by accident because my lip was numb.

Answer:

I do not think that you have a financially viable medical malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Question:

Do I need a lawyer? I was injured on the job and had 8 stitches. Was told by the doc that I needed exploratory surgery to see if any veins or nerves were damaged. Was told there was no damage and would take 4-6 weeks to heal. It’s now been 5 months! I asked workers comp. for another doctor whom told me that now I have nerve damage and wants to do more surgery to repair. Scheduled for Nov. 7.

Answer:

Your question is a little thin on the facts, but I think overall, even if the first doctor’s failure to diagnose and treat the nerve injury was negligent; the big question is whether the case is financially viable. Presumably the second physician believes that surgery may help you. If it does, the case might not be worth prosecuting. Articles linked below discuss this in more detail. I would deal with the medical issue, and when the dust settles if you are left with permanent problems, consult a lawyer then. Figure out when the statute of limitations bars a suit, and make sure you consult a lawyer well before then.

Question:

Do I have a case for medical malpractice? I’ve had the same primary care physician for at least 8 years who was treating me with a blood pressure/water pill combo for over 2 years. He did not check my potassium level and as a direct result I ended up being taken to the ER last month unable to even walk. I was dying when I got there (in renal failure) and was put in critical care for almost a week to get all the potassium put back into my body. The doctors told me that they had NEVER treated an individual with as low of potassium as mine that was still living. They had no instruments to even measure it. I have permanent damage to my kidneys (have to see a specialist now maybe for life) and a GI specialist. Their office contacted me right after I got out of the hospital and wanted the details (I think to see if I was at fault for any of it) and they have not contacted since. Do I have a case?

Answer:

It is well known that some diuretics can cause low potassium. Other diuretics do not. Assuming you were on diuretics that can expose you to that problem, it is hard to understand why you were not monitored for that potential complication through ordinary blood tests. Sings of low potassium include bloating, constipation abdominal pain, fatigue, cramps and spasms in the muscles. Therefore, if you ever reported these symptoms to your doctor, the index of suspicion for a potassium deficiency should have been high.
If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Question:

Do I have a case when a doctor mistake caused me to lose my leg? An er doctor applied a compression bandage that caused my leg to explode when removed. Then it was done the 2nd time with the same results. A loss of job, a relocation and dependence on others followed almost a year’s worth of hospitalizations and 5 surgeries led up to 2 amputations of the same leg. I have a brief synopsis available that can be e-mailed.

Answer:

It is hard to tell you whether you have a viable malpractice case because you do not list allot of facts in your question. Compression bandaging is used for patients who have wounds due to venous insufficiency, but is contraindicated in patients with moderate to severe peripheral artery disease. These conditions can often co-exist, and problems develop when doctors assume a patient has a wound due to venous insufficiency when the condition is actually related to arterial insufficiency. Patients with abnormal ABIs or symptomatic peripheral artery disease and venous ulcers should be referred to a vascular specialist for evaluation and decision-making regarding wound care, since compression therapy in patients with significant PAD may cause complications.

Question:

My dad died from cancer and the hospital knew he had it and told no one. What can I do? He had cancer and the doctors knew it and told no one he could have been saved maybe if they had followed up on some test. I have all the paper work.

Answer:

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

Question:

After a faulty stitch from Dr. He referred me to a plastic surg. due to the pain and pulling of the stitch.

Answer:

There is a lack of detail in your question so it is not possible to tell you whether you have a viable case. At face value, however, it appears you are going to have a problem with financial viability. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Question:

Surgical needle was left in my right hand. I had surgery done in 5/2008 on my right hand since then I been unable to close my hand, thinking all along it was my old age arteries kicking in to my shock and my medical doctor after my hand was hurting 4 days ago I went to have and x-ray behold the x-ray should a needle left in my hand is this a medical negligence the standard of care taken after my operation was no x-ray taken, the damage is behind explaining why the during the 3 mandatory count cannot account for all sponges ,needles and instruments no x-ray was taken to ensure things wasn’t left I been living through hell and pain my right hand deformed times want cut off from the pain and tingling please advise me what should I do.

Answer:

That is medical malpractice. The statute of limitations is probably tolled until you discovered the problem. If the problem can be fixed through a simple surgery, there will be a question about whether the case is financially viable.

Question:

Is this ground for a malpractice lawsuit? I had an open appendectomy. Started having some issues after surgery. Informed the dr that something wasn’t right had a lot of pain and discomfort. He kept saying it was part of the healing process. After 3 visits to his office a CT was finally ordered. He said CT was clean. Ended up back in the ER 6 days late. The ER pulled up medical records along with the last CT ordered and they found that the CT had showed there was infection. I had to have emergency surgery because of infection. Stayed 5 days in the hospital. Came home with 2 drain tubes in my abdomen, along with a pic line and had to have home healthcare come to my house.

Answer:

If the earlier CT scan showed evidence of a post-op infection, then you may have a case against the radiologist or the surgeon. Since you are actively undergoing care, there will be a question about whether the case is financially viable. If a short course of antibiotics cures the problem, I probably would not prosecute the case, but financial viability is a judgment call and different lawyers have different standards about that. The articles linked below explain this in more detail.

Question:

Do I still have the right to sue a doctor even though it has been 3 years since the surgery? On March 2010 i allowed a dr to perform surgery on my right ankle. I worked as a bus driver up to the day of the surgery. My leg never completely healed and he assured me that I would be walking 100 percent better after the surgery when in all actuality I ended up walking worse. I have not been able to work since and for 2 years I had no income. Now the Government has deemed me disabled and just a week ago another doctor had to perform the same surgery advising me that he had to undo everything that that doctor did because my foot was misplaced and was deforming as a result of it. Now i am recovering once again. The only reason it took me so long to get another opinion is because he stopped my disability by saying that i could work just not driving the bus and it took me this long to get approved for SSI.

Answer:

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.
In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. If you were unaware that the first doctor performed negligent surgery because he mislead you into thinking that he did not, and you were only alerted to the malpractice by the second surgeon, you may have an argument that the SOL should be told. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.
Latest Questions and Answers from October 2013

Here are the answers to the questions that were posted online in October 2013:

Question:

Do I have a case? Went to doctor with heart problem. My aorta was leaking and I had surgery. Month later when I went back that put me straight in ICU. The doctor had a copy of my MRI. The first time I seen him but he didn’t look at it, sent me home. When I went back that did there on MRI cat scan that when that put me in ICU been 5 month. Now and I still can’t talk, my voice still messed up and no one has even tried to fix it. My surgeon told my wife after surgery that he was very sorry for sending me home. The first time said I should have never been sent home.

Answer:

It is hard to tell you whether you have a malpractice case worth investigating without additional detail, but you certainly have reason to be suspicious given what the doctor said to your wife. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Question:

If I live in Nevada and was damaged in surgery done in CA, in which state does my attorney file my lawsuit?

Answer:

Suit must be brought in the place where the malpractice occurred.

Question:

Do I need to consult a lawyer before going back to my surgeon? I had hernia surgery 5 months ago with mesh implant and there has been pain since. I saw my doctor about a month ago he said wait 4 to 6 weeks if still bothering me come back. Today I woke and my scar has turned red and has a discharge and I’m still in pain. It’s Saturday so my surgeon’s office is closed. Not sure what I should do but without advice. I will call him Monday morning.

Answer:

You need to get to a doctor ASAP because you have a postoperative infection. If he cannot see you immediately, go to the ER. Sort the medical problems out and contact an attorney when the dust settles from that. I do not know what the statute of limitations is in WA, but you certainly have time to deal with an emergent medical problem before worrying about the legalities your situation.

Question:

Is this considered malpractice if a Dr put faulty screws in a cervical plate in your neck and had to have surgery again 6 weeks later after the first?

Answer:

If it is not a medical malpractice case, it is a products liability case against the company that manufactured the screws, because obviously the shelf life of screws inserted into your spine needs to be more than six weeks. If I had to guess, it’s not the screws, it is how they were inserted. I say this because the failure is so soon after the procedure. If the second surgery completely cures the problem, there will be a question about whether the case is financially viable and you may have a difficult time finding an attorney to take on the case.

Question:

I want to know if I have a case. I had a miscarriage and doc performed D&C 3 days later i developed a high grade fever chills and excruciating pain that meds could not subdue went to ER and was admitting told I had a terrible infection round the clock antibiotics fever still rising performed ultrasound discovered fetus remained he didn’t get all out days later another D&C was done then I was released with antibiotics and pain meds.

Answer:

It should not have happened, but if the subsequent surgery cured the problems, you probably do not have a financially viable medical malpractice case. Articles below explain why this is so.

Question:

Can I sue a hospital for neglecting to take head X-rays? As a result of not taking an X-ray I have a fractured skull and can feel the bone popped out under left temple. And deal with constant headaches and weird feelings.

Answer:

Deal with the medical problem first, go to the hospital and get re-x-rayed. If the subsequent care deals with all of your problems, then you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail.

Question:

My son broke his collar bone while in the after school program can I sue the school? The kids were playing football outside during the after school program and my son fell and broke his collar bone. There was a little ditch in the dirt which caused my son to fall.

Answer:

You could probably find an attorney to open a file and investigate a claim, but it is a tough case because the school is probably entitled to some immunity under the Tort Claims Act. Also, note that you have ninety days to file a notice of claim, so if you are going to pursue a case, you should contact a personal injury attorney as soon as possible.

Question:

Problems with doctor and surgeries. I cut both tendons in my ring and small finger with a knife cutting some fruit seen a hand specialist 2 days later and had my first surgery the next day I picked up a small magazine with both hands and dropped it on a spider and felt a pop in ring finger and call the doctor’s office went in the next day same doctor that did surgery looked at my hand and said I was fine even after I told him countless times something wasn’t right he sent me to physical therapy for 3 weeks and finally physical therapist told doctor I needed a MRI because there was no progress so had MRI and like I told him my tendon had re-ruptured and tendons in small finger were also ruptured he then blamed me for my tendons being ruptured again is there anything I can do about this as far as him not listening to me when I told him it wasn’t right there is more to this I have had 3 surgeries in the matter of 4 weeks thanks for your time

Answer:

You may have a case, but it is going to be hard to quantify the damages. It sounds like he failed to diagnose the tendon rupture in the little finger and he obviously failed to diagnose the re-rupture, but the question will be what impact the delay in dealing with those two conditions was on the ultimate outcome. I could be a case, but if you called my office I would tell you to wait until the dust settled after the final surgery to see (a) whether this caused permanent damage and (b) how much of whatever was left was related to the delay/mistreatment. Of course, you have to also be mindful of the statute of limitations, so you cannot wait forever.

Question:

My son who is 14 was born with Spina Bifida and other health issues. His urologist performed a surgical procedure on him in April of this year. The surgical procedure was supposed to close a hole that had developed in the urethral channel that was causing extra urine to escape. In September the wound developed an ulcer that caused the wound to cave and also created a infection. Since this has happened the wound is still leaking urine from the area that was supposed to be closed in April. I want to know if this is considered medical malpractice, thank you.

Answer:

It is hard to tell you whether you have a viable malpractice case because the cause of the ulcer is not clear. If it is a necrotic ulcer, it may have been the result of negligence or it could have been an accepted complication of the procedure. Also, post-op infections are usually an accepted complication of surgery, but can sometimes be the foundation of a medical malpractice case if they are not timely addressed. Finally, another question is whether additional care will remedy the problems, because if it will, the case might not be financially viable. To know whether you have a viable case, an attorney will have to look at the records.

Question:

Root Canal. I had a root canal several months ago and then a permanent cap. I told the dentist who did the root canal that I was having pain before the permanent cap was placed. She said it was from the root canal procedure. A few weeks later I was still experiencing pain and went back to her. She said she did the root canal properly and said I needed to have my gums cut or see a root canal specialist. I then went to see another dentist in that practice. He removed the permanent cap and gave me a temporary. He thought that would stop the pain. It did not. He agreed with her and I saw a gum specialist who did not agree with them and said it was the root canal. Now they want me to pay to see the root canal specialist. I have already paid for the root canal and permanent cap which I don’t have because dentist #2 removed it and placed a temporary. Are they responsible for completing the procedure and costs? Do I have to pay another dentist for another root canal or should they pay

Answer:

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.

Question:

Is there any litigation going on against Lasik doctors? When getting Lasik done in both eyes, the doctor messed up my right eye. I no longer have 100% vision in it. Maybe 5% vision.

Answer:

If you are left with 5% of your original vision then you should at least contact an attorney to evaluate the case. We get allot of calls about Lasik surgery, but more often than not the complaints are considered accepted complications of the procedure. At face value, your kind of visual loss does not appear to be in that category.

Question:

If my acetabluar cup was put in wrong, is that negligence? THR 2011. Severe pain in groin ever since surgery. Finally found that the surgeon put the ace tab. cup in wrong, which is rubbing on my soas tendon? 1/2 inch longer than other leg,,,,even 1/2 in is causing horrible pain, but the soas tendon is the worse!!!

Answer:

If he put the cup in wrong and you can prove that then you may have a viable case.

Question:

My 9 year old son was cut on both sides of his arm with a cast saw in the ER department of our hospital. Would I have a case for malpractice? My son broke his arm while roller-skating on a Saturday, had a full arm cast put on that night at a Children’s hosp out of town. On Monday, he had dangerous swelling under the cast which was causing numbness, tingling & pain. I took him to our local ER & they made a phone call to the Children’s hosp who put the cast on & both agreed the cast needed cut to relieve the pressure. They took us to a room & several people were looking for the cast saw & couldn’t find it. Eventually a lady found it & gave it to the dr. My son was scared & the dr. said the saw will not cut him. He started cutting the cast & my son (who rarely cries) burst out crying that the saw was cutting him. The Dr. PROMISED him that it was not cutting him, it just feels hot. A lady was holding my son’s arm while the Dr. kept cutting without regard to my son crying out in pain. 3 weeks later when the full arm cast was removed to put on a short cast, there was blood in the cast & scars & sores where the ER dr cut him.

Answer:

It sounds like malpractice, but if no permanent damage was done and the scars are not too bad, there will be a question about whether the case is financially viable.

Question:

I have a current Neurosurgeon who told me my last surgeon in Nevada was negligent in my care.

My current Neurosurgeon in CA told me my last surgeon Dr Halki from the Reno Ortho Clinic, should have sent me to a surgeon who had the skills to do the surgery that I needed. I was told he put in the cervical plates wrong, and they were the wrong size. I was told Dr Halki did not have the skills to do my surgery and should have sent to another surgeon who had the skills. Dr Halki did a 4 level posterior cervical spinal fusion in 2009 He then did a one level anterior cervical spinal fusion in 2010. I heard that the statute of limitation can include the time I found out that malpractice/negligence occurred. I just found out in July of 2013.

Answer:

The tolling of the statute of limitations under the “discovery rule” is a common law and sometimes a statutory defense to a SOL defense, so to know whether it applies to your case, you will have to contact a Nevada attorney who will know the law pertaining to that state’s SOL. Also, you will need to consult a Nevada lawyer because that is where the case will have to be filed.Obviously, if the second surgeon is correct, you have a malpractice case worth investigating. In my experience, however, spinal surgeons are quick to criticize other doctors “off the record” but won’t act as experts in litigation. Additionally, when I consult a different expert, I often get a different story (the harm was an accepted complication of the procedure; the plates migrated after the surgery etc.

Question:

I have a dropped foot from a shot in spine for my back and ended up with a drop foot. Now the Dr. Said it won’t go away I will always have it. It was done 1/12years. But they now say I will always have it

Answer:

You would not expect a dropped foot following an epidural procedure in the absence of nerve damage, so it sounds like you have a case worth investigating.

Question:

Could my mom be a victim of a wrongful death? My mom had an nail infection and due to the hospital not focusing on her having lupus, they didn’t take it too serious. They gave her some antibiotics, she had to return a few days later, due to it giving her some pain up and down her arm. Which she had to get her whole tip of her finger amputated all the way to the knuckle. A few weeks and so many days later, she ended up having a mild heart attack. And stayed for a week. And wasn’t given the proper medication for chronic pain. And died suddenly a week and a day after having a surgery.

Answer:

It is difficult to tell you whether you have a viable malpractice claim without knowing what the cause of death was. Your mother seemed to be suffering from a few disease processes that were going on simultaneously that were not necessarily related.In any event, if you want to investigate a case, you should contact a local personal injury attorney (one in your state). Personal injury attorneys take cases on a contingency basis which means you only have to pay if you succeed.

Question:

Do you have to be a direct family of the deceased to sue for malpractice? My friend was having chest pains, she went to the doctor and he told her that it was a muscle spasm. He never sent her for further testing. She died 2 weeks later from a heart attack. She has 3 children and was going to be married. Can her fiancé file a las suit or does it have to be the kids?

Answer:

Whoever is executor can file a claim on behalf of the estate. The fiancé will probably not have any right of recovery, but the children will.

Question:

My surgeon clipped the tube from kidney to bladder. I had to return to surgery for repair one day after released from hospital. After spending 11 days in hospital I came home. Returned to hospital after catheter was remove with 101 fever, profuse throwing up and diarrhea. While in the hospital for the 3rd time was admitted to ICU with 105 fevers. I spent 6 days in hospital this time. Diagnosis was sepsis, c-diff, and unitary tract infection. Am I liable for the expenses incurred for the last two hospital stays?

Answer:

You will remain responsible for the bills. If you file a medical malpractice case, any out of pocket expenses that you incur will be part of your damages in the case if you prevail. Additionally, your health insurance carrier will likely assert a lien for any bills they paid.

Question:

Medical malpractice. Is it illegal for a orthopedic surgeon to say I have a anxiety disorder and OCD tendencies and give me medication for these the only disorder I have ever been diagnosed with is adult ADHD never been seen or diagnosed with either of the above disorders by a psychiatrist.

Answer:

I don’t know why your orthopedic surgeon is medicating you for psychiatric issues; it is not something within his specialty. I think this is a question you should be directing to your psychiatrist or to the surgeon.

Question:

Will I still be able to find out what caused my mother’s death? Mother died January 30, 2010 according to her death certificate it was from complications due to her diabetes, sarcoidosis etc. No autopsy was done on her to determine the true cause of death. Asked the emergency room doctor if one had been done she said no and I asked her if she could do one she said no because my mother died at home, I never been comfortable with that answer feeing just as if they were hiding something or just being lazy. My mother had just recently had surgery to have a device put in to keep oxygen going to heart that same month, her doctor on several occasions sent her home with swollen legs and I eventually would have to take her to the emergency room those doctors will tell me that she should have never been sent home like that. So in some ways I believe her doctor was negligent in her care and the emergency room doctor was negligent in diagnosing the cause of death.

Answer:

State law dictates when a hospital has to perform an autopsy. I do not know what the law is in Illinois, but I investigate cases all of the time involving a death in which no autopsy was performed. Experts can determine the cause of death by looking at the pertinent medical records. If the cause of death listed by the doctors on the death certificate was wrong, an expert in a medical malpractice case should be able to make that determination.From my perspective, I am not sure that your suspicions are well-grounded. Your mother had allot of underlying health problems that could have contributed to the outcome. Beyond that, I think that there will be questions about whether any case is financially viable.

Question:

My brother contracted Hep C after a double organ transplant. Do we have a malpractice suit? He did not have Hep C prior to kidney and pancreas transplant and did not have a lifestyle where he would contract it. He died four months after the transplant and we can’t get the records to see what is going on. He also had a type of fungus that he contracted after the operation.

Answer:

Lawyers file cases in similar circumstances all of the time. It is more of a products liability case than a medical malpractice case, but if you look for a malpractice attorney you will find someone who can help you.

Question:

Do you all take medical cases? Hi my name is Angela Stine and I had my tube tied June 10, 2011 and I found out i was pregnant September 2012. I had my tubes tied at Meharry Hospital and I found out how I got pregnant washed 2 clamps wasn’t all the way.

Answer:

Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies.To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does.If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed.

Question:

Could medical facility be liable for giving medication causing stroke? Approximately 13 years ago I was in a medical facility for depression. I was given medication and awoke in middle of night with left leg jerking involuntarily. The medical team was alerted to this and the medication was stopped. Unfortunately, the next morning I was only able to communicate with an intense stutter or involuntary jerking of my mouth when I tried to communicate. I was not told what happened or why when I was released. I stuttered daily upon every attempt to communicate. Probably this continued for a year and lessened to the point it was unnoticeable except for occasional bouts…I have just dealt with another bout. Could I have had a stroke? I have no other way of explaining why this was not addressed or even why I did not comprehend the issue and seek medical testing on my own.

Answer:

If you came out of the hospital with a new condition and it has never been explained, then you have reason to be suspicious, but I think you are going to have a problem with the statute of limitations.A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

Question:

Had two surgeries and was told by my specialist on my third surgery that they were done incorrectly
More Details: Had thyroglossal cyst removed in April, 2008. Was going twice weekly for dressing changes but continued to drain & wasn’t healing so Dr. decided to do 2nd surgery in July, 2008. In June, 2013 I had thyroglossal cyst recurrence. Specialist told me that Dr. who performed the first two surgeries should not have performed surgeries at all due to not just any doctor knows how to perform this type surgery & that I would continue to have recurrences unless a 3rd surgery was done correctly. Had 3rd surgery in September, 2013. Specialist told me this is what he considers Malpractice

Answer:

If the second surgeon is correct, then you have reason to suspect that you were the victim of negligent care, but if the third surgery resolved all of the issues I think there will be a question about whether the case is financially viable. The articles linked below explain this in more detail.

Question:

I had a Mammogram in July. When it was done had a 4 inch tear unI 2 days. Do I have grounds to sue?I am big busted and the tech said she would have to do 2 views I said ok. She said are u sure I said Its a Mammogram not surgery. Instead of lifting my breast she tried to slide it and it was stuck to the plastic breast plate on the machine and it tore the skin. She did it a second time and I yelled what did u do? She said they are large and went on to do the other side. I told her I would move that breast for her not to touch it. At the end the area under the R breast was bleeding and she got me gauze and ant. ointment to put on. I tried to clean it with water but was stinging and burning. I couldn’t see what happened. I applied gauze and oint. I came to work but was so wet from bleeding asked 2 co workers to look at it and they said I needed to see a doc. She took a picture so I could see how bad it was, It was pretty bad. I called the Mamo place and told them I needed to see a doc. They called back in the am and I went to see the Radiologist. She referred me to a breast surgeon/Specialist.

Answer:

It sounds like you received negligent care, but there will be a question about whether the case is financially viable depending on the outcome of care. The articles below explain this in more detail.

Question:

Walgreen gave me wrong dose. Two times Walgreen gave me wrong dose of my medication. First time theyn corrected itband gave me correct dose at no charge. the medication is metformin . They gave me 500mg twice a day total 1000mgper day. i was not informed to take this medication twice a day so i only took it once a day. My original order should be metformin er500mg on tablet a day.this went un noticed the second time for 7/23/12 till i went to doctor for my physical and got the paper preciption and noticed it was the wrong dose. Contacted Walgreen.

Answer:

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.

Question:

Can I sue my doctor? He did not inform me that i would lose all mobility in my left arm.

Answer:

It is difficult to answer your question without the basic facts of what happened. Generally speaking, when an unexpected, unwarned against complication occurs, you have reason to suspect that you were the victim of medical malpractice. To be able to answer your question, however, I would need to know more information.

Question:

Is this considered medical malpractice? I had an elective d & c procedure done a week ago. They sent me home without a prescription for pain meds or antibiotics. 3 days later i spent over 12 hours in the ER because I had excruciating left abdominal pain. All types of test (CT scan, pelvic exams) were done and nothing showed up. The next night i was back in the ER with the same pain x10 and they found an infection in my uterus and a Urinary Tract Infection. The doctors in the ER asked if i was given any antibiotics or pain medicine after my procedure and i told them only 1 pain killer when I was discharged after my procedure.

Answer:

I think the literature supports the position that prophylactic antibiotics need to be given. Click here for an article that suggests this. The question will be whether the case is financially viable. The articles linked below discuss this in further detail.

Question:

Can I Sue? I was smashed it the stomach by a Pool table and called an ambulance, I was taken to the closest hospital and in the ER the ambulance EMT talked me into going to what they called fast track, As soon as I said ok the pulled the IV, took me off the stretcher and had me wait in the waiting room for 5 hours where I got so infected internally that I had to be rushed to a Trauma Center for emergency colon repair and colostomy, because of the infection, Can I Sue?

Answer:

Given the outcome, you certainly have reason to investigate a malpractice case. The issue will be whether timely intervention would have resulted in a different outcome.

Question:

What do I do if my hip replacement left me without walking properly? Cannot tie shoes, need cane of walker after 11 months. Please advise Richard.

Answer:

Depending on the length of the difference and why it exists, a leg length discrepancy following hip replacement surgery may be the result of medical malpractice. To know for sure, an attorney will have to secure the pertinent medical records and radiographic studies and have the films reviewed by an expert, if the records do not foreclose a cause of action.

Question:

Do I have medical malpractice lawsuit? I had liesions under my arm pit and small styes in my eye lids. Doctors removed from under my pit, and did blood test. I have another leision on my hand now, and doctor, cut open & cleaned out. Then checked my previous blood test. The hospital did not inform me previously, I have rare case of MRSA. That I now have had for over a year.

Answer:

If your blood or pathology cultures came back positive for a methicillin resistant staphylococcus aurous infection and you were never told this, and you were not placed on the appropriate antibiotics, and now you are dealing with additional problems related to that, you may have a viable medical malpractice case. To know for sure, an attorney will have to look at the pertinent medical records. Also, now that the infection has finally been diagnosed, if the care you are receiving cures it without further damage, there will be a question about whether the case is financially viable. Articles linked below discuss this issue in more detail.

Question:

I had congestive heart failure, earlier in the week I call the doctor. I ask the doctor to call in medicine for a cold or the flu. I told the nurse I was tire and had shortness of breath. I also told them I had a fever and they did nothing. That Sunday, I had a temper of 107 and had to be rush to the ER. In the ER they had to work on me, they said I had heart failure and pneumonia. Now i have to be treated for congestive heart failure

Answer:

You have a difficult liability case. You either had concomitant medical problems or your pneumonia caused you to develop congestive heart failure. Shortness of breath is consistent with a cold, the flu and congestive heart failure, so when you called reporting those symptoms, it would not necessarily compel a diagnosis of one of them in particular. Finally, if you were ultimately diagnosed and treated for these issues, and you get better, there will be questions about whether the case is financially viable.

Question:

Can I sue a dental office for cutting half my lip when pulling my teeth? A dental office in Columbus Ohio went to pull my 4 wisdom teeth and put me to sleep; when I woke up I had a big cut in my lip they said it was by accident because my lip was numb.

Answer:

I do not think that you have a financially viable medical malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Question:

Do I need a lawyer? I was injured on the job and had 8 stitches. Was told by the doc that I needed exploratory surgery to see if any veins or nerves were damaged. Was told there was no damage and would take 4-6 weeks to heal. It’s now been 5 months! I asked workers comp. for another doctor whom told me that now I have nerve damage and wants to do more surgery to repair. Scheduled for Nov. 7.

Answer:

Your question is a little thin on the facts, but I think overall, even if the first doctor’s failure to diagnose and treat the nerve injury was negligent; the big question is whether the case is financially viable. Presumably the second physician believes that surgery may help you. If it does, the case might not be worth prosecuting. Articles linked below discuss this in more detail. I would deal with the medical issue, and when the dust settles if you are left with permanent problems, consult a lawyer then. Figure out when the statute of limitations bars a suit, and make sure you consult a lawyer well before then.

Question:

Do I have a case for medical malpractice? I’ve had the same primary care physician for at least 8 years who was treating me with a blood pressure/water pill combo for over 2 years. He did not check my potassium level and as a direct result I ended up being taken to the ER last month unable to even walk. I was dying when I got there (in renal failure) and was put in critical care for almost a week to get all the potassium put back into my body. The doctors told me that they had NEVER treated an individual with as low of potassium as mine that was still living. They had no instruments to even measure it. I have permanent damage to my kidneys (have to see a specialist now maybe for life) and a GI specialist. Their office contacted me right after I got out of the hospital and wanted the details (I think to see if I was at fault for any of it) and they have not contacted since. Do I have a case?

Answer:

It is well known that some diuretics can cause low potassium. Other diuretics do not. Assuming you were on diuretics that can expose you to that problem, it is hard to understand why you were not monitored for that potential complication through ordinary blood tests. Sings of low potassium include bloating, constipation abdominal pain, fatigue, cramps and spasms in the muscles. Therefore, if you ever reported these symptoms to your doctor, the index of suspicion for a potassium deficiency should have been high.If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free.

Question:

Do I have a case when a doctor mistake caused me to lose my leg? An er doctor applied a compression bandage that caused my leg to explode when removed. Then it was done the 2nd time with the same results. A loss of job, a relocation and dependence on others followed almost a year’s worth of hospitalizations and 5 surgeries led up to 2 amputations of the same leg. I have a brief synopsis available that can be e-mailed

Answer:

It is hard to tell you whether you have a viable malpractice case because you do not list allot of facts in your question. Compression bandaging is used for patients who have wounds due to venous insufficiency, but is contraindicated in patients with moderate to severe peripheral artery disease. These conditions can often co-exist, and problems develop when doctors assume a patient has a wound due to venous insufficiency when the condition is actually related to arterial insufficiency. Patients with abnormal ABIs or symptomatic peripheral artery disease and venous ulcers should be referred to a vascular specialist for evaluation and decision-making regarding wound care, since compression therapy in patients with significant PAD may cause complications.

Question:

My dad died from cancer and the hospital knew he had it and told no one. What can I do? He had cancer and the doctors knew it and told no one he could have been saved maybe if they had followed up on some test. I have all the paper work.

Answer:

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

Question:

After a faulty stitch from Dr. He referred me to a plastic surg. due to the pain and pulling of the stitch.

Answer:

There is a lack of detail in your question so it is not possible to tell you whether you have a viable case. At face value, however, it appears you are going to have a problem with financial viability. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Question:

Surgical needle was left in my right hand. I had surgery done in 5/2008 on my right hand since then I been unable to close my hand, thinking all along it was my old age arteries kicking in to my shock and my medical doctor after my hand was hurting 4 days ago I went to have and x-ray behold the x-ray should a needle left in my hand is this a medical negligence the standard of care taken after my operation was no x-ray taken, the damage is behind explaining why the during the 3 mandatory count cannot account for all sponges ,needles and instruments no x-ray was taken to ensure things wasn’t left I been living through hell and pain my right hand deformed times want cut off from the pain and tingling please advise me what should I do.

Answer:

That is medical malpractice. The statute of limitations is probably tolled until you discovered the problem. If the problem can be fixed through a simple surgery, there will be a question about whether the case is financially viable.

Question:

Is this ground for a malpractice lawsuit? I had an open appendectomy. Started having some issues after surgery. Informed the dr that something wasn’t right had a lot of pain and discomfort. He kept saying it was part of the healing process. After 3 visits to his office a CT was finally ordered. He said CT was clean. Ended up back in the ER 6 days late. The ER pulled up medical records along with the last CT ordered and they found that the CT had showed there was infection. I had to have emergency surgery because of infection. Stayed 5 days in the hospital. Came home with 2 drain tubes in my abdomen, along with a pic line and had to have home healthcare come to my house.

Answer:

If the earlier CT scan showed evidence of a post-op infection, then you may have a case against the radiologist or the surgeon. Since you are actively undergoing care, there will be a question about whether the case is financially viable. If a short course of antibiotics cures the problem, I probably would not prosecute the case, but financial viability is a judgment call and different lawyers have different standards about that. The articles linked below explain this in more detail.

Question:

Do I still have the right to sue a doctor even though it has been 3 years since the surgery? On March 2010 i allowed a dr to perform surgery on my right ankle. I worked as a bus driver up to the day of the surgery. My leg never completely healed and he assured me that I would be walking 100 percent better after the surgery when in all actuality I ended up walking worse. I have not been able to work since and for 2 years I had no income. Now the Government has deemed me disabled and just a week ago another doctor had to perform the same surgery advising me that he had to undo everything that that doctor did because my foot was misplaced and was deforming as a result of it. Now i am recovering once again. The only reason it took me so long to get another opinion is because he stopped my disability by saying that i could work just not driving the bus and it took me this long to get approved for SSI?

Answer:

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell you whether these estimates are correct.In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. If you were unaware that the first doctor performed negligent surgery because he mislead you into thinking that he did not, and you were only alerted to the malpractice by the second surgeon, you may have an argument that the SOL should be told. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

Latest Questions and Answers from August and September 2013

Here are the latest questions and answers that were submitted online:

 

Question:

How do I know if a doctor(s) is guilty of medical negligence?  My wife suffered a collapsed left lung. She was fitted with a tube to suck the air out of the chest cavity for the lung to reinflate. The tube was removed twice and reinserted twice because of difficulty with breathing without it. It was removed after approx. 2 days the first time and reinserted by emergency procedure later that night. It was removed again today exactly 1week later with the same result. My wife has been subjected to painful and possibly unnecessary suffering. Is this a case of Medical negligence?

Answer:

It is difficult to say whether the repetitive insertion of the tube was negligent. If the tube was removed initially because the doctors expected that it was no longer necessary, to know whether the choice was below accepted standards of care you would have to look at the records to determine what was influencing the doctors’ decision making process.

Assuming this leaves no permanent problem, however, even if the care was negligent, you will not have a financially viable malpractice case. The articles linked below explain this in more detail.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

Do I have a malpractice case after a 4 day old dental implant failed and upon extraction I went into shock went to ER now teeth face are numb?

Answer:

It is hard to answer your question without more information. Obviously, you would not expect a dental implant to fail after four days, you would not expect a patient to go into shock during the procedure to remove it and you would not expect your teeth and face to be numb after this, so you have a good reason to suspect that you were the victim of negligent care. To know whether your suspicions are well grounded and attorney will have to obtain your medical records, review them and try to connect the dots. Also, it is not clear how long you have been suffering from the numbness, but a big question will be whether this problem is permanent in nature. If it is not, then you probably do not have a financially viable medical malpractice case. The articles linked below discuss this in more detail.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

Should we pursue a lawsuit? Spouse had Achilles tendon surgery 3/27/13. As a result of poor positioning by the anesthesiologist, his right arm was compressed and he has suffered permanent damage and loss of feeling in the arm and has lost a significant amount of strength in his hand. His orthopedist and a neurologist have concurred.

Answer:

Nerve damage caused by malpositioning during surgery is a relatively common type of medical malpractice claim. Also, if he is still experiencing neuropathy 6 months after the fact after consulting a neurologist, in all likelihood the problem is permanent. Consequently, he has a malpractice case worth investigating.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Medical malpractice attorneys take cases on a contingency basis, which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Below are some articles you may find helpful.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

X-rays mistake.  A doctor told me I had fluid and infection on my spine I was rushed to surgery they found nothing.

Answer:

While it was probably an alarming experience, you do not have a financially viable malpractice case unless a misdiagnosis resulted in permanent harm. The articles below explain this in more detail.

If I am missing something and you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

My brother was diagnosed about 2 years ago with anal warts after two years of treatment the doctor did a biopsy and discovered it was cancer. Shortly after his diagnosis of cancer he was diagnosed as a stage 4 cancer and died August 29th of this year.

Answer:

Obviously, you have reason to suspect and investigate a medical malpractice case.

The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able  to show that earlier intervention would have changed the outcome. This is  a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

How can I get an attorney to listen to my case? I have a very good medical malpractice case. I have been told that most attorney offices will not take time to even listen to my initial claim unless they feel it has a value of over 6 figures? Is this the standard for all malpractice attorneys? This seems too unfair.

Answer:

The most common reason I reject malpractice cases isn’t the absence of a mistake. It is because the cases are not economically viable. The articles below spell this out in more detail and may help you understand the nature of the problem you are up against.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

Husband had open heart surgery on April 3, 2013. His primary cardiac doctor has been trying to get the operative report but we have been told by the hospital that there isn’t any report on file. We called the cardiac surgeon’s office and they can’t seem to locate the report either. Have also tried to get the surgeon to return our phone calls, however, he hasn’t done this either. He only has office hours on Mondays. We have been trying to contact him since the Wednesday before Labor Day. His office called yesterday and advised they don’t seem to have an operative report on my husband. His cardiac doctor tells us this is against the law and there has to be a report somewhere. What can we do?

Answer:

File a complaint against the doctor with the Nevada State Board of Medical Examiners. Click here, mid-page is the link. Also, file a complaint against the hospital with the Nevada Department of Health and Human Services, since they have an obligation to make sure doctors who admit patients follow the law. Click here to do this online. Again, about mid-page,  left center, first box.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

What to do after a missed diagnosis after my husband had a stroke?  Took my husband, age 42, into ER on 8-17 with symptoms of instant double vision, tingling/numbness on right side, slight slurred speech. Doc performed CT scan and routine blood work. Said he found nothing wrong. Maybe an ear infection or possible start of MS. Did tell us to call a neurologist, and sent us home. My husband’s speech got worse and his right side became weaker throughout the day. WE called the neurologist suggested..had an appt.on 8-22. The neurologist ordered many blood tests and a MRI, which he had on 8-24…found out on 8-27 that my husband had suffered a Left aspect Mid Brain stroke. Approx 7 days prior to MRI. which was the DAY he went to ER. Approx. 3 weeks after his stroke & many tests later, we find out the cause of the stroke is a hole in my husband’s heart which let a blood clot thru to his brain, causing the stroke. If ER Dr. would’ve ordered an MRI we would’ve known about the stroke that day, and they could’ve administered tPA improving chances of recovery.

Answer:

Agreed on the tPA, there is a very limited window for that. You should definitely contact an attorney. The clinical picture definitely suggested a stroke. The question is why it was missed in the CT scan. An attorney will have to get the records, but make sure that he/she hires a radiolgist to look at the CT scan films before you accept a negative response. Good attorneys can screen cases by looking at the records most of the time, but when the medical mistake is a misinterpretation of a film, you need to enlist an expert at the outset.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

Medical malpractice.  I had a hip replacement done last year the Dr. cut a main nerve in my back during the surgery, The nerves in my calf are dead which makes my foot droop..Needless to say 3/4 fractures in my right foot later I am now seeking legal advice? I have seen several Dr.s to prove condition’s (nerve ending test done) also a Foot and Ankle Specialist have x-ray’s at his office. My Primary Dr. as well.

Answer:

If you can prove that the injury to the nerve was due to a surgical mishap, then you have a case worth investigating. Nevertheless, it is difficult to prove that a nerve injury in the course of hip surgery was due to cutting a nerve, and a few other things can cause nerve damage that do not amount to negligence.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Are there any lawyers that handle medical lawsuits? My sister almost died from brain hemorrhage she was taking the blood thinner paraxial.

Answer:

Doctors who prescribe blood thinners have to monitor a patient’s INR levels so that they are not at risk for internal bleeding. Consequently, you may have a case worth investigating.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Can my parents sue the hospital for negligence? My dad went into the emergency room recently because he thought he was having a heart attack. He was wheeled into the waiting room where he waited for over 15 minutes. A nurse came out and saw him and asked the front desk what was wrong with him because he was about to climb out of his chair. The front desk looked at the paperwork and said that he only had a cough. The nurse went and grabbed him and rushed him back and that was when he had the heart attack and they physically lost him and they had to bring him back to life. Based on them having false information in their paper work, and had they not, they may have been able to prevent this, can my parents sue for negligence? He could have died in that waiting room if that one nurse didn’t notice something was wrong and nobody even admitted their mistakes. The nurse came to them and told them what happened days later. What do you think?

Answer:

It sounds like you father received substandard care, but in the end analysis, the nurse may have avoided further damage when she intervened and took him out of the waiting room. If your father did not suffer from permanent problems related to the delay in treatment, he probably does not have a financially viable malpractice case.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Do I have a case? I am a 51 yr old man with no health issues and not on any medications, I recently went for outpatient surgery, umbilical hernia repair, when i came out of surgery I was unable to pronounce words, where I lived what procedure i was in hospital for, so they immediately admitted me put me on oxygen and scheduled MRI i was in hospital for 33 hrs before released, my doc says hospital MRI was normal but when he looked at them he said they were abnormal, he referred me to a neurologist, I have had a speech impediment since my surgery(stutter) which u did not have before. Doc told me 2 weeks later that my smoking caused mini stroke, but I was fine before surgery, no strokes of any kind. I have my medical records and it shows upon release patient did not have stroke, but they released me and then told me days and weeks later I did. How do I prove they caused this injury to me?

Answer:

You weren’t smoking during the surgery, so I don’t see how that could cause your stroke. Smoking may have put you at an increased risk for a stroke, but these are things that should come up during –and be proactively planned for– when you obtain preoperative clearance.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

What qualifies as a medical malpractice?

Answer:

That is a very broad question, but below are some links to articles that you might find useful. They are written for a New Jersey audience (where I practice) but much of the information will translate.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

What all do I have to do to file a medical malpractice lawsuit? I had a Heart Cath done on March 27th 2013. In which there was complications in the right leg that the doctor started the Cath in, so he processed to the left leg. During the hearth Cath in the right leg he damaged the nerve in my leg badly. Now to this day I still have serve pain in the right leg and a limp that I didn’t have before the surgery. I contacted his office a week after the surgery and they told me to go to the ER. I did and was diagnosed with fistula on the right side and nerve damage. Then when I went to my OB/GYN doctor for some female problems months later, when they contacted his office to get medical clearance to make sure everything was ok for what they had to do his office told them I wasn’t his patient and I just was there two weeks before.

Answer:

I am not sure whether nerve damage during cardiac catheterization is an accepted complication of the procedure, but it is certainly an unexpected outcome. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

I had to have 2 surgeries done the same day. I almost  died from the first one.  I had gallbladder surgery done one day surgery came home same day my grandkids found me passed out and called 911. They took me to hospital were I had to have surgery done. I was bleeding inside. Doc said 15 min more and I would have died the 1st surgery was done at different hospital the doc missed a blood vessel when he was sowing me back up.

Answer:

If you made a complete recovery following the second surgery, you probably do not have a financially viable medical malpractice case. The articles below explain this in more detail.

They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

What do you find to be the cause of the jump in the number of mal-practice law suits in the last few years?

Answer:

More than ten years ago, the National Institute of Health concluded we have a medical malpractice problem in the USA of epidemic proportions. Nevertheless, little progress in patient safety has been made since then, notwithstanding a flurry of activity in reaction to the report.

Click here for an article discussing this.

Question:

I broke my wrist 4 weeks ago the hospital wrapped it and had me see an orthopedic surgeon the next day did he sent me for another x-ray and said ok, your wrist is broken come back next week and we will see what’s going on I went back no x ray was done I was put in a brace and told come back my fingers go numb and I told the doctor this he said my brace was to tight loosen it and start using my hand ok I was called by my work and told to come back I asked for a second opinion I wound up going to my doctor.  He re x-rayed me and sent me to another specialist this is week 4 with no cast I was shown the x-rays and my wrist is healing crooked and has other issues that if I would have been put in a cast sooner I would not be having these problems

Answer:

It sounds like you have reason to suspect that you received negligent care, but the big question is what the ultimate outcome will be. If resetting the fracture fixes the problems, you probably do not have a financially viable medical malpractice case. The articles linked below explain this in greater detail. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

I had surgery in 2011 and the doctor cut the nerve in my leg do I have a case?

Answer:

You may have a case, but you are going to have to overcome a potential statute of limitaitons defense.

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

Infusion error.  I was given a Herceptin Infusion and was complaining for an about 20 minutes that it was burning which I was getting for over a year. In the beginning she put a hot pad on but didn’t help. So I lifted the hot pad ad had such a big bubble on my hand. If they would have listened to me earlier, this would never have happened. My hand seems to hurt but everyone says it’s not from that and the top of my hand is black and blue What do you think

Answer:

If the damage is limited to a bruise that clears up, then you probably do not have a financially viable medical malpractice case. If the damage is more significant than that, you may have something worth investigating. The articles linked below explain the concept of financial viability in more detail.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

I lost my sense of smell do to a tumor removal procedure where they went through my nose.

Answer:

I think the big question is whether the loss of sense of smell was considered an accepted complication of the procedure. If the informed consent paperwork that you signed in advance of the surgery indicates that loss of sense of smell is a possible complication, then the case is probably defensible. If it does not say this, then you may have a case. The informed consent paperwork should be part of the hospital chart, so you could request that and evaluate things that way.

Beyond that, if you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

WHAT DO I DO WHEN MY BLOOD PRESSURE WAS DROPPED TO QUICKLY WITH MEDICATION WHILE IN THE HOSPITAL THAT CAUSED PARALYSIS ON THE LEFT SIDE?  I was in the hospital for HBP and I could walk and move my left side while I was there. I was evaluated by their professional staff and they saw that I was mobile. After the episode, I was told that my blood pressure was dropped too fast. Now I am going through physical and occupational therapy. I was in patient. Now I am out patient. I have not yet returned to work. This is a lot of work physically as well as mentally. Do I have a case?

Answer:

If someone advised you that you have paralysis on the left side due to the fact that you blood pressure was dropped to low, it sounds like you have something worth investigating. If you were truly hypertensive it is certainly possible that you suffered from an ischemic stroke. To know for sure, an attorney would have to obtain the pertinent medical records from the hospital.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. Click here and here for more information about me.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

How do I go about suing a dentist? I had dentures made and he did a really bad job now I have no teeth and no dentures he agrees to give back some money but not all

Answer:

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Do I have a medical malpractice case?  I had surgery on my left foot April 20, 2013 leaving my right pinky toes much shorter than the left one. I was not warned that this may result after surgery.

Answer:

Having a toe come up shorter following podiatric surgery is not uncommon and may be an accepted complication of the procedure. Beyond that, if you did not suffer a signficant loss of function, there will be questions about whether the case is financially viable.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

How do you know if you have a medical malpractice suit at hand? I had cervical fusion and either during or immediate following surgery had a stroke. I have requested medical records from all parties involved and they are very selective in what the release. I have had several doctors tell me this was due to something happening during surgery i.e. Low blood pressure, compression of artery etc.  but do not know where to turn for help in pursuing this.

Answer:

Don’t waste your time trying to obtain the medical records yourself, let an attorney investigate the case and obtain certified records himself.

If an anesthesiologist lets a patient’s blood pressure drop too low during spinal surgery, this can result in a stroke. Anesthesiologists practice something called deliberate hypotension. They intentionally keep blood pressure low to control bleeding during large surgeries. If you were not properly evaluated preoperatively, however, they may have a false understanding of what your base-line blood pressure is, and this can result in blood pressure going too far below baseline. Other mistakes can occur when this kind of approach is utilized. I represented a gentleman who suffered a stroke during spinal surgery because of the use of deliberate hypotension. Click here for a discussion of that case.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

My husband died of cancer after not being diagnosed properly. He complained of pain in hip area for over a year and nothing beside pain medication and physical therapy was done, past cancer patient they never did a cancer screen to see if cancer was back

Answer:

The big question in most failure to diagnose cancer cases is whether the plaintiff can prove that the defendant’s negligent care proximately caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable.

If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Should I sue?  A Urology doctor I went to prescribed me a Sulfa drug. On my patient forum it clearly states I’m allergic to Sulfa drugs. I started getting sick thinking I had a super bad chest cold. I would wake up and not be able to breathe. I read the bottle and it said Sulfa, then I was like wait…. and found out it indeed does have Sulfa in it. I’m very sick and going to an Urgent Care today. Should I sue the doctor?

Answer:

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.

Click herehere  and here for more information about me. Click here for summaries of some of the cases that I have litigated.

Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website.

Question:

What are the time limits or timelines to file a lawsuit?

Answer:

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here for more information about me. Click here for more information about my firm.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

I had shoulder repair surgery 2 yrs ago and now I have to have it replaced. I had a bone spur that tore my bicep tendon and damaged my rotator cuff a little over 2 yrs ago, and had surgery on it..Repaired it…and now I recently have been having a lot of trouble with it…had a MRI done by a different Dr.  And it shows that my bone had died…resulting from loss of blood flow…now I’m looking at joint replacement surgery. Can you give me any advice please?

Answer:

It is difficult to say whether the necrosis is related to the previous surgery. Has anyone told you that it is? If so, you may have a case worth investigating, but it sounds like an uphill battle.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Medical malpractice. Before I sue for medical malpractice do I have to make a complaint against the doctor first because I had a piece of metal 8mm long in my eye and was in ER from six till 11 after being life flighted there well my eye was stitched up and next day found out from ultrasound that the piece of metal is still in my eye the doctor scraped my eye and could not fine it so they sent me home for a week with the metal in my eye stitched up I go back never saw the Dr from the first surgery ever again thence he retinal surgeon did my sec surgery very good but was odd is that he said that he was there doing my first surgery I never saw him and as fast he got it out sec. Surgery should have been done first time. I am blind in the eye and may shrivel and lose it only time will tell said Dr.

Answer:

It sounds like you have a medical malpractice case worth investigating if you have been told that the failure to remove the piece of metal is what is causing your loss of vision. I think if there was a piece of metal lodged in your eye, it would be visible either on a physical or slit lamp exam.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

I’m seeking an attorney to assist me with a Medical Malpractice Lawsuit. I had surgery 1/5/12 routine thyroidectomy;  I went into resp failure after the surgery; there was not adequate equipment to place me on life support; thus I was incubated again where I now suffer bilateral vocal paralysis; damaged larynx & I wear a trachea. I as well have to do suction secretion at minimum 5 times a day. I’ve had 11 surgeries to correct the damage none of which has helped. The doctors have made it clear they are not the least bit concerned and I refuse to allow this to do this to me and not have to pay. I’m no longer able to work because I’m considered a risk due to the trachea; my life has gone all the way to hell because of this and no one is willing to assist me.

Answer:

Injury to the  laryngeal nerve can occur with intubation, but it can also occur during a thyroidectomy, and sometimes when it occurs relative to the thyroidectomy, it is considered an accepted complication of the surgery.

An attorney will have to sit down and evaluate all of the pertinent medical records to determine whether you have a financially viable medical malpractice case.

you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Dr. gave me an overdose during cervical pain injection. I quit breathing and facility dragged feet calling 911. I had a seizure which notes said was just me moving around confused. This was for 18 min. before calling 911. EMS arrival lips still blue. Mayo ER saw something of cat scan. it was cortisone and alcohol that was injected into subarachnoid space after a dural puncture mistake. Subsequently, new MRI indicates Extensive White Matter Ischemia disease in brain. It was not there the day of the incident on 12/20/2011 when I was given 300mcg of Fentanyl. I have an appointment with a Neurologist to go over everything. Statute of limitation is up on 12/20/2013

Answer:

Contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Do not wait any longer to contact a lawyer. It takes time and resources to investigate a medical malpractice case.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Question:

Do I have a case?  My son had surgery Wednesday to replace his central line in his chest that he has had for 5months and have been repaired 5times. After his surgery, he was brought back to the room and I notice that he was having hard time breathing. Then moments later, he went to get an x-ray and I notice bleeding underneath his chest where the central line was placed. So we got back to the room and he was placed on oxygen. The x-ray revealed fluid in his lungs. My son had to undergo surgery and anesthesia again. The plan was to drain fluid and do repeat same surgery. Something went wrong with the surgery and I need answers. Kameron, my son came up her last Monday with a fever. All test came back negative, no infection. And now is in ICU.

Answer:

You have time to deal with the legal consequences of everything after the dust settles from the medical crisis that you are in the middle of. If there are lasting problems and you want to investigate a malpractice case after your son’s condition has stabilized, contact an attorney at that time.

Click here for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Question:

Do i have a case for a lawsuit for a missed diagnosis of a stroke?  My mother suffered severe abdominal pain due to complications from gall bladder surgery she had 3 days earlier. The pain caused a dramatic increase in her blood pressure (200/100 range). The increased blood pressure caused a hemorrhagic stroke which was not diagnosed even though she had exhibited classic stroke symptoms. She was not given medication to lower her blood pressure until after the hemorrhage was discovered.

Answer:

You may have a medical malpractice case for failure to timely treat the elevated blood pressure that led to the stroke. To know for sure, an attorney would have to review the pertinent medical records.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.

Click here for an article that explains what you can expect when filing a medical malpractice case.

Click here and here for more information about me.

Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.

Latest Questions and Answers From July 2013

QUESTION

My family and I were regular patients at a family practice doctor’s office. Then when I tried scheduling an appointment one day for one of my of children, they informed me that our doctor was no longer there. Confused, I demanded they tell me where she went. Because our doctor was the best, she delivered our children and has always been available to us. She gave me he cell number and beeper number if anything were to happen. So this was about 5 years of faithfulness care, until they day she disappeared. I got no letter in the mail stating they were going to send me to another doctor or anything. When they told me where she went, I called every branch and no one had even heard of my doctor. Would this be grounds for abandonment?

ANSWER

The short answer is no, this is not patient abandonment. That usually applies only when a patient was in need of urgent care, if it applies at all. The circumstances are certainly odd, but you should consider the possibility that the doctor may left the practice due to some significant personal or health issue. Doctors are people too, and sometimes they have to deal with unexpected life changing events too. Given the kind of care she provided in the past, she probably deserves the benefit of the doubt.

QUESTION

i have been treating for 5 years for thumb pain. My surgeon scheduled me for a right thumb fusion and was also going to ‘clear’ an entrapped nerve in my wrist. he cleared the nerve in the wrist, but omitted to ‘fix’ my thumb. he said he got distracted by my wrist and simply forgot the thumb. He tells me i will have to undergo the surgery again with fixation and 10 weeks of casting. After I have healed from this first surgery. I am concerned about my health insurance covering the second surgery and possible nerve damage to the hand due to repetitive procedures. I am unsure if I should continue treating with this doctor or what I should do next.

ANSWER

I give him points for being honest, but I would have reservations about going back to a doctor who subjected me to additional surgeries because he forgot what the plan for the operation was. Obviously, that is not legal advice, it’s a personal decision that you should make for yourself. Clearly the surgeon was negligent. For me, a second surgery alone would not serve as an adequate basis to file a medical malpractice case. If you have additional problems as a result of the delay or the second surgery, I might conclude that you have a financially viable case, it depends on the outcome. Appreciate that different attorneys have different standards about whether a case is financially viable, and someone may decide that making you go through a second surgery that should have been avoided is enough to warrant filing a lawsuit. The articles below spell out the issue of financial viability in more detail.

QUESTION

I had a Kidney Transplant in PA while I lived there in March the 7th 2012. All the follow-ups after the surgery were made in PA – Lehigh Valley Hospital – Allentown. Until the last test the Doctors said everything is going good. I moved to MA and at the first follow-up @ Mass General Hospital in Boston I was diagnosed with a severe rejection of my body to the kidney. I want to add that my wife was the kidney donor. After treatment in Boston my Kidney is working only @ 40% of its capacity. The Doctors said I can live a short time with the kidney working like that. .I have to go back to hemodialysis and enter a waiting list to get another kidney. I’m 57 years old and my wife gave me a kidney for us to continue our lives normal. As a result of that I’m disabled right now and we lost our house in PA. We have no income and living with our daughter in MA. The doctors in Boston explained that the kidney was damaged because of a non-adequate treatment for the problem. Is there a case?

ANSWER

It is difficult to tell you how strong a case you have, but if the doctors in Boston are telling you that something wasn’t on that should’ve been done in this caused your body to reject the kidney, it sounds like you have a case worth investigating given the stakes involved. If you want to investigate a malpractice case you should contact a medical malpractice attorney in Pennsylvania.  Malpractice attorneys take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. If you want further suggestions about an attorney, you may email me directly.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

I was prescribed the wrong medicine at the emergency room.

ANSWER

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Is a known misplaced feeding tube, i.e. in the lung, medical negligence?  My Mother had suffered a stroke and is on a ventilator and a feeding tube. For the past two days, my mother was having difficulty breathing and they had reported to my sister that she had a collapsed lung however when they looked at the x-ray, they reported to my sister that they saw nothing. My sister, who has power of attorney, asked to have her moved to the main hospital from the rehab hospital she was at. They told my sister that the transfer would happen, however upon my sisters departure, 2 doctors cancelled the request. My sister had to return to the rehab hospital to enforce the request. Upon my mother’s arrival at the main hospital, she coded twice. In addition to that, they had to remove more than a days’ worth of food because the feeding tube was in her lungs. She is now in critical care, and they are not sure if she will make it. She is very sick, but we were hoping that she was making progress and this setback could have been avoided.

ANSWER

Perforation of the esophagus while inserting a feeding tube is not negligence, but failure to follow protocols to make sure that the feeding tube was inserted correctly before nutrients are pumped into body is. Under the circumstances, you may have a medical malpractice case worth investigating. If your mother was elderly and had other underlying medical issues that impacted her life, there will be questions about whether the case is financially viable. Articles below spell this out in more detail.

You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Unnecessary medical procedure?

More Details: Approximately 5 yrs ago, I was diagnosed with PSVD (Paroxysmal supraventricular tachycardia). I was put on a medication called Sotalol. I still continued to have episodes of psvd. The cardiologist had run a series of tests on me to determine this diagnosis ( ECG, stress test, etc). We moved out of state 2 yrs after this and I started seeing a new cardiologist. He also received my patient file from the former cardiologist. The new doctor only ran a ECG test when I visited. I continued to take the Sotalol. The new doctor started to push an Ablation surgery on me. I waited 2 1/2 yrs and finally gave in. I went in for the procedure, and the new doctor had to stop the procedure because I didn’t have PSVD! Turns out I have Atrial fibrillation. He saw this while trying to invoke the psvd in order to perform the ablation. So, Atrial fibrillation could have been easily found by the new doctor, even the old doctor, with simple testing. Now, new meds and new hospital bills. A case??

ANSWER

I do not think it is  foregone conclusion that the first doctor’s diagnosis was wrong. You should ask your new cardiologist whether PSVD could have converted to atrial fibrillation over time. In any event, in the absence of an event causing permanent harm (for example, a stroke) I do not think you have a financially viable case. The articles below discuss this in more detail.

QUESTION

My son went to an Urgent care in Florida for an earache. While cleaning his ear they punctured his eardrum. More Details: Two people came in ,one a nurse the other wasn’t. The one doing the ear cleaning was being told by the nurse how to do it. The nurse had asked the other one if she ever did this before and she said yes once. During the process my sons eardrum was perforated causing tremendous pain. They rushed and got the doctor who said “I see blood” . The office manager was called in and we were told that the visit will be free and told us they would give us free eardrops ( which cost 100.00) and were told to go pick them up at another Urgent care. He was also given a prescription for painkillers. It has been 3 days and my son is still in terrible pain .He can’t bend down without getting very dizzy and nauseous or blow his nose because the pain is so severe.

ANSWER

It sounds like your son received negligent care, the question will be whether the case is financially viable. Perforated ear drums can heal in days, weeks or months. Usually there is no residual hearing loss. Complications along the way can make the prognosis poorer. If your son’s eardrum goes on to heal without any complications in a relatively short period of time, I think you probably do not have a financially viable case. Articles below explain this in more detail.

If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Can I sue a hospital for treating me badly and causing me an anxiety attack?

More Details: About one week ago I had a friend drive me to Bellvue Hospital in NYC because I ran out of my prescribed depressions and anxiety medication and started to feel ill and mentally unsound. The Walk In Center was closed because it was Sunday morning, so they sent me to the PSYCH center and after waiting two hours in a waiting room filled with 5 suited police officers, two criminals hand cuffed to the chairs, and visual contact of the robbed mental patients in a secluded room with walls of glass a doctor came up to me and leaned over to announce, “If you are here to get PILLS like Xanax and Aderall, don’t waste your time because we don’t hand out controlled substances like that. If you want to wait to see a doctor it will be another few hours. SO it’s up to you.” Walked away. He never bothered to inquire the reason I was there. One of the prisoners freaked out because they wouldn’t let him use restroom and it scared me and other patient. I left within hour, never saw a doctor, & anxiety attack.

ANSWER

You do not have a financially viable malpractice case because the incident did not cause you permanent damage. The articles below spell this out in more detail. You might consider reporting the hospital to the department of health if you feel strongly that you were treated inappropriately. Click here for the website to do this.

QUESTION

Can I sue a doctor for Medical Negligence that led to death after 2 years? More Details: My husband was being treated by a doctor who prescribed him an inordinate amount of pain medication for a unknown diagnosis. This led to his subsequent addiction and death. Can I seek to sue his primary doctor for negligence? We live in NJ and he passed on Nov 2010

ANSWER

The statute of limitations on a wrongful death case in New Jersey is two years from the date of death, so your cause of action is probably time barred.

QUESTION

Can I sue a hospital for serious complications from improper hip surgery? More Details: Required corrective surgery scheduled this October. Wrong angle of hip implant causing balance issues, swelling, pain, waddling, falls, and spine compression. Please help.

ANSWER

Hip replacement surgery that causes a significant leg length discrepancy can be medical malpractice. To know for sure, an attorney will have to review the pertinent medical records and submit your x-rays to an expert.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Back in 2/12 I was having problems with my right shoulder. After Pain med and physical therapy and shots, I was sent to see another Dr. where he order MRI, X-rays, and another shots. MRI showed that I had a tare of the rotor cuff. Surgery was order and in October 2012 I had surgery to fix the problem. After surgery I was told no tare was found. (even the MRI showed it). Said he found some spurs and cut some of my bone. I complained that I was still in pain. And was told it take time to heal.. After no real improvement I went to my regular doctor who ordered more therapy. This did not help so I was sent to another dr. Were we did another MRI and found the same tare. So on July 9 2013 I had surgery to fix the problems. The tare was significant, plus he found scare tissue.. from 1st surgery. I would like to go after the 1st doctor. Do I have any chance of going after him.

ANSWER

With a positive MRI before and after the surgery, it sounds like you have a pretty solid malpractice claim. The question will be whether the case is financially viable. If the subsequent surgery corrected the problem, you may not have sufficient damages to warrant the time and expense of a malpractice case. The articles below explain this concept in further detail.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

If I had a surgery and the outcome the doctor said would happen did not happen and the area where the surgery was done turned out to be worse, can I sue?

ANSWER

It is impossible to answer your question given the absence of detail. A surgical outcome that does not achieve it’s goals is not necessarily negligence. Generally speaking, a bigger disparity between goal and outcome justifies a higher index of suspicion, but there are exceptions to this rule.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Should I consult a lawyer?

More Details: I had two surgeries and am still in pain and cannot work. The surgeon left the state with no warning and I can’t find him. I’m afraid he may have done wrong by me. I’ve seen one doctor since, but unless I go far from my home all doctor’s seem to be connected to him in some way. I tried one doctor recently and he turned out to be the doctor who assisted my surgeon because (in my surgeon’s words) “I’m was uncomfortable performing it”. Unfortunately, he couldn’t or wouldn’t help me and kept contradicting himself. I think he was lying to me and trying to get rid of me. His final answer was I have whiplash and I should see a neurologist? Where do I go from here to find out if he truly did something wrong? Should I get an attorney to look at everything? and if so do I use one in the state that the doctor practiced (NJ) in or my state that I live (PA)?

ANSWER

It is hard to answer your question because you do not provide sufficient details. I assume you had cervical spine surgery and you are not satisfied with the outcome. If you are not getting straight answers to your questions then you have reason to be suspicious. Click the articles below for more information about this.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Did my doctor act inappropriately? More Details: I went to this Dr. after being in an auto accident. On a couple of visits he started to exam my back while I was standing. He would then press his body to the back of mine and press my abdomen. I thought it was odd, but went back. On another visit he did this again, however this time I felt him get an erection. When I stepped away, you could see his erection through his scrubs. I felt very violated. I wouldn’t go back without someone with me. There was no nurses in the room on any visits.

ANSWER

Yes, he obviously acted inappropriately. You should consider filing a complaint against him because you are probably not the first victim of this behavior. Click here for information about how to do this.

QUESTION

Does this rise to the level of medical malpractice? More Details: Diagnosed with avascular necrosis of the left hip in 2006 which required bone graft and decompression surgery. Warned to watch for the same in the right hip. 2011 diagnosed with stress fractures of the right hip. Advised surgeon of the avascular necrosis in left hip and asked if it was possible. Emergency surgery performed next day inserting a rod . 6 months later hip had to be replaced due to avascular necrosis and metal rod placed in hip previously.

ANSWER

If you had a history of avascular necrosis, the doctor performing the surgery was aware of this but failed to fully investigate it and the hip replacement failed because of preexisting avascular necrosis, it sounds like the doctor was negligent. The question will be whether the case is financially viable given the fact that another surgery will seek to remedy these problems. The articles below explain the concept of financial viability in more detail.

You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

What made me have a stroke? More Details: 4 months ago i developed a very bad headache that would not go away and was extremely painful and debilitating. After 2 days ,i went to the hospital, was tested for this and that, but no cause was found. I was sent home with medication, but it wasn’t helping. I went to another hospital, where they performed more tests, again no conclusion. The neurologist I was seeing recommended a DHE treatment, saying it was a strong drug treatment and must be performed in the hospital. During the treatment, my blood pressure dropped dramatically, and i had a stroke, parilyzing me on the left side.I have been recovering from that, but still have my headache. Who is to blame?

ANSWER

Good Morning.

Even if DHE is administered correctly it can cause decreased blood pressure to the extremities and brain, causing a stroke. Nevertheless, there are certain protocols that can be followed to decrease this risk (including the simultaneous administration of Benadryl). Beyond this, if patients are simultaneously taking other medication, DHE should not be administered because the risk of stroke is more significant. Quick research suggests that if you are on certain antibiotics, HIV protease inhibitors and some antidepressants, DHE should be avoided.

I am on vacation at the beach with my family until next Monday. If you have additional questions or would like to discuss this further, I can contact you when I return. In the meantime, the articles below will provide you with some basic background information about medical malpractice litigation.

QUESTION

Do i have a case if the doctor operated on foot nerves and now I have nonrepairable nerve damage? More Details: the doctor first gave the reason for the need of surgery because a nerve had been nicked during a bone-spur removal, after the surgery on follow-up visits he said the surgery was to repair what he explained as carpal-tunnel in my foot. Now he has refused to see me any longer and 2 separate foot dr.s have said the surgery was wrong. Do I have a malpractice suit? The day of the surgery the doctor gave me prescriptions that the pharmacy said were filled out improperly and couldn’t fill them, returned to the hospital to get pain relief when the doctor could not be reached. The hospital did not want to treat or recognize the doctors name. now I have been told I have permanent nerve damage.

ANSWER

Without specific information, I cannot tell you whether you have a viable malpractice case. If everything you say is true, then it sounds like you do. At the very least you have reason to be suspicious.

You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Can I sue the dentist for filling the wrong tooth? More Details:  I had my remaining filling fell out of a tooth, causing me much pain. Dentist will look at it and decide the on called person that sets the appointment says. the dentist did nothing to that tooth. But he drilled a whole in the tooth behind that tooth and filled it. It caused a lot of pain that he had to give me and extra dose of anesthetic. after he was finished and left i asked the assistant what did he do the hole is still there. she stated he filled the one behind it. I stated i wasn’t aware that it needed fixing. when he came i asked as to why nothing is done to the hole — he stated remember we spoke of taking it out and putting in a replacement. i said yes but i cannot do replacement with all the stuff going on. he said well he doesn’t recommend taking it out til we are able to do replacement– he then put a temporary filling in it and send me on my way. clearly saying nothing about the fact that he just drilled a hole in a tooth that doesn’t filling.

ANSWER

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Sometimes, you can find an attorney who specializes in dental malpractice cases. Do a Google search or use this website to find someone in your state who can help you. Because some attorneys specialize in one particular area, they are more “geared up” and can prosecute these cases more efficiently.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Do I have a potential medical malpractice case? More Details: my mom had bypass surgery in March 2013. during the surgery the doctor opted to put a balloon pump catheter into her iliac artery. Upon removal of the pump, her artery was torn and she hemorrhaged and went into cardiac arrest. Fortunately she was resuscitated but they had to do a second emergency exploratory surgery in the right groin area where she was cut from one end of her groin to the other to repair the torn artery. However, she suffered multiple injuries post surgery such as: brachial plexopathy, retroperitoneal hematoma, acute kidney injury (failure),postoperative complications with thrombocytopenia, postoperative encephalopathy to name a few. She is having a difficult recovery. She has trouble with her right hand and cannot walk without a walker and she has disabling pain in her legs. Her life has changed dramatically. she has just turned 70 years old. her financial means are very limited and she is having trouble affording her heart medication. This is all documented.

ANSWER

It certainly sounds like your mom received negligent care. Given your mother’s age, however, you are probably going to have a hard time finding an attorney to take the case on, because her limited life expectancy impacts the financial viability of the case. The linked articles below explain this in more detail.

Attorneys employ different standards when determining when to undertake a malpractice case. One firm may conclude that a case is not profitable enough, while another might reach a different conclusion. If you want to pursue a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

On 02/27/13 I visited Long Beach Memorial Hospital for lower back pain due to pregnancy. I was told by the ER physician I would receive pain killers, as well as antibiotics for a UTI and a yeast Infection. Before getting discharged, the nurse brought my discharge papers and asked me to sign. As I reviewed the papers I realized this was for another patient with a similar year of birth but different condition. I believe this girl received mine while I received hers. Either way when I noticed the prescription wasn’t related to my diagnosis, I told the nurse and quickly took the papers away. I was later told by my gynecologist that the prescription given to me was extremely high for my condition. I was given 500ml pills when I should have been taking 20 ml for a UTI. She was surprised anyone would prescribe those to me and suggested I stop taking them. On 03/06/13 I miscarried. My Obgyn suggested the pills might have been too strong and that could of caused my miscarriage.

ANSWER

Without knowing more details, I can’t tell you whether I think you have a malpractice case worth investigating, but if your OBGYN suggested that the outcome was caused by the miscommunication related to the antibiotics, then it is certainly possible that you received substandard care that impacted the outcome of your pregnancy.

Cases involving a loss of a fetus are difficult to prosecute because the damages are hard to quantify, especially if mom and dad are capable of having children after the event. I appreciate that what you have gone through is a big deal emotionally, but malpractice cases are damages driven. Personally, my firm has investigated several of these cases, but we have never filed suit.

If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Should I sue the hospital? More Details: I went to Columbus community hospital with a small laceration for a glass bowl I broke with my elbow they stitched me up and sent me home I told them my hand was tingly and had no movement I went to work for 2 12 hr shifts then 3 days after I visited the hospital I went to my family doctor and he sent me to a specialist they both told me I probably cut my ulna nerve I then went to Omaha ne and say a hand and elbow specialist 5 days after my hospital visit and was told I was being sent into emergency surgery to repair my nerve after my surgery I learned I cut my ulna nerve 50% and cut another nerve and while they were repairing it they found more glass that the hospital never attempted to clean out I later went back and talked to the hospital and they covered the first bill however I still have to pay for the surgery and have been off work for almost 2 months now and will be for awhile longer I was wondering if I had a chance to receive pay for the work I have missed due to misdiagnoses

ANSWER

It is hard to tell you whether you have a medical malpractice case without looking at the records. Assuming the doctors in the ER negligently failed to diagnose lacerated nerves, however, the question will be what harm was caused by the delay in diagnosis. An extra hospital bill is not the foundation of a financially viable malpractice case. The idea is that you would have required the surgery if the nerve damage was timely diagnosed anyway. The articles below spell out the financially viable concept in more detail.

If you suffer from permanent problems as a result of the delay in diagnosis, and you want to investigate a medical malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

I had symptoms of a retinal tear and was told there was nothing wrong a week later my retina detached now had to have surgery. More Details: I was having flashing light and seeing a dark spot on lower area of my right eye. I went to the ER concerned it may be retinal related, ER sent to me to Ophthalmologist who misdiagnosed me telling me nothing was wrong that my eyes were dry and older people sometimes have the my condition tells have the natural gel leak a little and causes the flashing. Now a week later my retina detached and had to have surgery, the surgeon I was referred to told me if had seen him first the surgery would have been prevented.

ANSWER

Flashing lights are not a symptom you would associate with a retinal detachment, it is a symptom of vitreous detachment. A dark spot in your field of vision could be a sign of a retinal detachment, or it could be a floater caused by vitreous detachment. If the area where you lost vision was static and it did not move, it is possible that your ophthalmologist failed to diagnose a retinal detachment. To know for sure, a lawyer would have to get the medical records and review them.

A different but relevant question is what damages were caused by a delay in diagnosis. If the dark spot in your vision was caused by a retinal detachment, I don’t see how you could have avoided a surgery to fix it (contrary to the representations of the surgeon). If the surgeon told you that because he thinks that you were suffering from a retinal tear that could have been fixed, that may or may not be correct because prophylactic cryopexy to prevent a retinal detachment works over time, but initially actually can increase the risk of retinal detachment until the treatment has an opportunity to set.

If you suffer from permanent problems as a result of the delay in diagnosis, and you want to investigate a medical malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Is this malpractice? More Details: Doctor told me I had a broken ankle on June 25th, sent for an MRI on July 1st, after several phone calls for results to Doctors office I finally get a call back from Doc to tell me my ankle is broken in 2 places and ligaments are torn, he said he needs to see me next day due to severity of injury, I go to office next day with my MRI films as he requested and he is not there, I call him and he denies saying I should come in, I have an appointment tonight, July 16th with him ….. the timeline for this injury is ridiculous, I looked at my ankle and x-rayed back on June 25th …. why did that not show the second break, a three week gap between visits fir this injury does not seem right, I am in agony, is this malpractice?

ANSWER

I would not stay with a doctor who is so unorganized that it takes three weeks to get a definitive diagnosis of an acute orthopedic injury. Medical practices like that are just minefields for malpractice. Hopefully you will get a definitive diagnosis and additional care will take care of all of your problems. If you are left with permanent problems as a result of the delay in diagnosis and treatment, you may have a malpractice case worth investigating.

If after dealing with your medical problems you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

Can I still sue for medical malpractice? More Details: I had a surgery almost 2 years ago on my right hand and developed Complex Regional Pain Syndrome, my hand still stiff and unable to fully use. Lost my job and medical insurance.

ANSWER

Complex regional pain syndrome can occur in the absence of negligence.

Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

QUESTION

I was diagnosed with paralyzed vocal cords in 12/2007. The Dr. wrote in my file notes but did not refer me or mention it to me. In 12/2012 it was diagnosed by another Dr. and treated. I was on medicine that was not needed for 5 years. I had a diminished quality of life by having a compromised airway until diagnosis in 2012 and a tracheostomy was performed. The statute of limitations is 2 years and statute of repose is 5 years. Do I have any recourse?

ANSWER

The short answer is contact an medical malpractice attorney in GA and run the question by him. Generally speaking, equitable exceptions to statutes of limitations exist in case law but not in a statute of repose. A common equitable exception in medical malpractice cases is the discovery rule, which holds that the statute does not start tolling on a claim until a client knew, or should have known that a doctor did something wrong. I don’t know if GA’s statute of repose would allow for such an exception. My gut tells me it would not, but ask a local guy who knows for sure.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

QUESTION

My husband had a break in his spine from the L5 to S1. The surgeon scheduled surgery and cut him open and saw he had the wrong size screws. More Details: My husband had a break in his spine from the L5 to S1. The surgeon scheduled surgery and cut him open and saw he had the wrong size screws. He closed him up and ordered the right parts and rescheduled the surgery for the next month. Is this malpractice?

ANSWER

It depends on why he had the wrong sized screws. It possible that he had the wrong sized screws but that he could not make that call until he was actually in the operative field. If that is the case, then he did the right thing by stopping the procedure and rescheduling. If he should have done something prior to the operation to make sure that he had the right sized screws, then it’s possible you have a malpractice case, but a one month delay and the need for a second surgery probably do not serve as a foundation for a financially viable medical malpractice case.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Latest Questions and Answers From June 2013

MEDICAL MALPRACTICE – NEGLIGENT GALLBLADDER SURGERY.

Question.

On March 19 I had my gallbladder removed I went back to the surgeon several times in severe pain and he just kept telling me to rest and take ibuprofen. 3 weeks later I ended up in an ER of another hospital for a 2nd opinion. Come to find out I had an abscess on my liver, a bile leak and by umbilical incision was infected. I then spent 2 weeks in the hospital with more surgeries and went home with a pic line for 2 more weeks. Do I have a case against the surgeon who removed my gallbladder?

Answer.

If the abscess was due to the infection I would tell you that post-operative wound infection cases are difficult to prosecute because many times a wound infection can occur in the absence of negligence. There are some circumstances where accepted standards of care require the use of prophylactic antibiotics because an infection can have devastating results ( for example, in a situation involving a total knee replacement). Most of the time, however, these cases are not pursued because the patient acquired an infection, but because a doctor failed to recognize and treat an infection in a timely fashion.

Without looking at the records it is hard to tell you whether your doctor negligently failed to respond to your infection in a timely manner. If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – MEDICATION ERROR

Question.

Is it malpractice to give a refill medication that is grossly incorrect to the point that it could kill you?

Answer.

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered.

If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO TIMELY DIAGNOSE CRANIOSYNOSTOSIS

Question.

My son have birth defect we learned about a year later we seen numerous doctors and all said nothing wrong well since he was not diagnosed at birth now we have to deal with him having surgery for craniosynostosis and he need helmet to reshape his head since he 2 now the helmet will not work because it’s for babies 18 months or younger and we had to deal with a lot of suffering, anger and pain from this because if the doctors would have diagnosis him earlier he would have been had surgery and no problems with his skull.

Answer.

While craniosynostosis is not always evident at birth, it is usually something that becomes apparent in the first few months of a child’s life. Common signs and symptoms, according to the literature include:

  • A misshapen skull, with the shape depending on which of the cranial sutures are affected,
  • An abnormal feeling or disappearing “soft spot” (fontanel) on your baby’s skull,
  • Slow or no growth of the head as your baby grows,
  • Development of a raised, hard ridge along affected sutures, and
  • Increased pressure within the skull (intracranial pressure).

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue.

If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO TIMELY DIAGNOSE AND TREAT A RASH.

Question.

Do I have a Case of negligent treatment? My wife was currently at a hospital during her stay she developed a rash in a small spot on her neck, and developed into a acute rash that spread to her neck, chest, ears and arms, and legs. it has left scars She notified a nurse, each time she noticed it spreading more. She had also told them numerous a times a day for a week and nothing was done A side note is she was looked after every 15 minutes from a nurse 24 hours a day for a week . and no medication. My wife was told that there is a patient advocate that is located in the hospital. She sought out to locate the patient advocate who was in utter disbelief, my wife was already in the middle of making a statement in which the patient advocated received the following morning. After speaking to my wife the ball begin to roll with the very top of the hospital the director of the hospital and down on how sorry they were for this mistreatment, She also got care from another hospital with the correct prescriptions. This is not right.

Answer.

You may have a malpractice case if medication caused the rash or intervention would have helped avoid the spread of the rash. It sounds like it would because treatment at the second hospital helped. If there was scarring, you may have a financially viable case, it really depends on how bad it is.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – STATUTE OF LIMITATIONS.

Question.

During a workmen’s compensation case in 2002 or possibly 2003, I was “dropped” by the insurance company involved and the orthopedic surgeon involved literally told me, “I don’t care what you do” and walked out of a scheduled appointment. This was after he told me and the employer concerned that I needed arthroscopic surgery on my shoulder asap, which was injured in a workplace incident. I am now 60 years old and over the years the untreated injury has obviously worsened with time, and has now caused a “tear”? in my shoulder, arm and muscles in that area resulting in a debilitating and very painful condition which restricts all movement and use of my arm and hand, due to the horrible pain and limited function involved now. Obviously, as I grow even older, this untreated condition will get much worse and gravely affect any quality of life I have. At this time I have no medical insurance nor the funds necessary to see a “good” doctor and have this serious condition properly treated.

Answer.

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – INJURY TO LEG DURING LABOR AND DELIVERY.

Question.

Nurse dropped my leg while I was giving birth and it snapped, I screamed “oh god” the doctor never had me seen. I could not walk or hold my newborn and over 6 months later have been in physical therapy with little to none improvements. The nurse also could not find the doctor prior to me pushing my baby out and told me to stop pushing until he came. He then rushed in and put his attire on with 5 or 10 minutes to spare, before she came out. He witnessed the nurse dropping my leg, but did not have me evaluated or the baby. Is this medical malpractice or negligence?

Answer.

Ordinarily you would not expect a patient to suffer a debilitating leg injury during labor and delivery. I really don’t know what injury you suffered, but if it is not permanent then you may not have a financially viable case.

Accepted standards of care do not require a physician to be present during the entire labor and delivery. If your injury was a result of short staffing and there were not enough nurses present, that is a different story.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE AND TREAT A STROKE.

Question.

Can I sue a hospital for medical bills from another hospital a family member went to the hospital ER for slurred speech, weakness in arm and leg. ran one scan and said nothing was wrong with him and sent him home. when he got up the next morning it was worse and he went back, was refused help. he was told there was nothing else they could do for him. he went to another hospital in another town and was sent to barns hospital in Saint Louis Missouri and more test were ran. He has a hole in his heart that was throwing clots to the brain. he had a stroke. the doctors told him if he was treated sooner he would not need to have rehab but because of the first hospital now he has more medical bills he can’t pay for. He is 33 and has 3 kids. he is getting better but still not back to normal.

Answer.

One-sided weakness and slurred speech are hallmark signs of a stroke, so it is hard to understand why he was not evaluated for that problem. If his heart was causing blood clots and it had a hole in it, it sounds like he had endocarditis. The heart pathology should have been distinguishable through a murmur and an echocardiogram.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE CAUDA EQUINA SYNDROME.

Question.

Cauda Equina Syndrome caused permanent damage due to misdiagnosis and delay in treatment. Might we have a medical malpractice case? *Wife experienced severe back pain-saw family Dr. – 4/2009 *Prescribed valium, told to rest. *Several days passed, no relief. *Scheduled appt. with specialist. *Examined, CT scanned, Emergency surgery for ruptured disc which had entered spinal column causing permanent nerve damage. *Resultant loss of bladder function, loss of bowel function, loss of sexual function, chronic pain in leg and loss of feeling in saddle area. Foot pain, leg pain, loss of balance. Permanently disabled due to omission of treatment involving original family doctor. Cauda Equina must be treated within several days in order to avoid permanent damage. The specialist was fast to diagnose and act. These events occurred in NJ where we lived at the time.

Answer.

Depending on the symptoms relayed to the family physician, you may or may not have a case, but the statute of limitations probably ran if your wife was diagnosed with cauda equina syndrome back in 2009. You have two years from the date that you knew or should know that a doctor committed malpractice to file a lawsuit in New Jersey. There are equitable exceptions to this rule, but at face value it does not sound like you meet any of them. These are fact sensitive inquiries, so you may want to run the facts by an attorney over the telephone.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in the state where the malpractice occurred).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – DENTAL MALPRACTICE.

Question.

Can i sue for a bad root canal? I recently had a root canal done. my dentist was supposed to put my temporary filling in but instead the dental assistant put it while my dentist was gone. she put it wrong and i even passed out of the pain and had to be rushed to the ER and was on drugs for a whole day. the pain was too horrible. On Monday i went back to my dentist to complain and all they did was apologize and admit it was their fault and they fixed my tooth but i suffered horrible pain for 48 hours with NO sleep or eating i cried and even fainted. the pain was so bad it went to the whole nerve of my head that’s why i passed out. Can I sue?

Answer.

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). In my view, two days of pain and suffering do not make a financially viable malpractice case.

Nevertheless, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO INVESTIGATE THE POSSIBILITY OF A HEART ATTACK.

Question.

In February of this year I was taken to the county hospital for chest pain and breathing problems. I was sent home after a couple hours and tests diagnosed with bronchitis. They prescribed me cough medicine and said I was fine. That same night I woke up unable to breathe and chest pains again and taken to a different hospital. After an hour and a half I was told I was having a heart attack the entire time and lucky I came in when I did. I explained my visit at the county hospital and was told the tests for the symptoms was not taken and is mandatory. I could of died in my sleep. I am 36 years old and the thought of losing my life due to negligence on the doctors behalf has me afraid and upset. I went through heart surgery and a week stay in the ICU. My has changed dramatically and knowing and hearing the sooner these conditions are diagnosed the better chances I had of not having surgeries bothers me and is unfair. The day after my heart surgery my breast implant popped.

Answer.

Luckily you were soon diagnosed appropriately and the condition was dealt with. It is unlikely that the delay in diagnosing the condition materially contributed to the outcome. Therefore, you probably do not have a financially viable malpractice case. Clearly, the first set of doctors should have done more to rule out the possibility that a heart problem being a contributing cause, but in the end analysis, you would have needed the surgery that you had anyway. You were fortunate that the outcome was not worse.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – FAILURE TO DIAGNOSE AN ANKLE FRACTURE

Question.

While painting the ladder slipped out from under me and i broke my right foots metatarsal and fractured my left ankle. It’s been just over two weeks and I will be laid up for several more days with possible surgery required. The Baylor hospital told me my left ankle was fine and sent me out walking, when i couldn’t walk they put a temporary boot on my foot and gave me crutches. the doctor told me that there was Nothing Wrong with it period. The pain was severe and became much worse as i walked to car and home etc. The follow up care at my orthopedics immediately found the fracture and told me no weight what so ever and gave me a wheel chair. i really believe that by walking on the fracture it caused more damage and much more pain and suffering only adding to my recovery time. the nurse at the hospital even said it was fractured and needed surgery but yet the paper work said it’s only an ankle sprain.

Answer.

Assuming that the fracture was visible in the x-rays, the radiologist made a mistake. The big question in any case will be whether the delay in diagnosis caused you harm and contributed to a rose outcome. If it did, and the harm is significant and permanent, you may have a malpractice case worth investigating. Of course, you are still under active care, so it is difficult to say what the ultimate outcome will be.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – TRAUMATIC BIRTH INJURY.

Question.

While pregnant I was diagnosed with gestational diabetes and high blood pressure. An ultrasound at 36 weeks said my baby was 7 pounds 6 ounces. I was on medication for both problems and hospitalized 3 times for my high blood pressure but was always released. At 39 weeks, my blood pressure was very high at my doctor’s appointment so I was induced. While pushing my daughter got stuck on my pelvis and wasn’t breathing when she was born. After several minutes of working with her they got her heart beating and she was put on a breathing machine and flown to children’s hospital. Could I sue for any future problems she may have?

Answer.

You may have a medical malpractice case, but to know for sure an attorney will have to look at the pertinent medical records, which will include your OBGYN records, your hospital admission records, the admission records related to your daughter’s birth and the fetal monitoring strips. In traumatic birth injury cases, attorneys review the medical records of your OBGYN to determine whether the labor and delivery should have been planned for and performed differently. Additionally, they look at your child’s fetal monitoring strips to ascertain whether a decision to perform a cesarean section should have been made, or made earlier. Underlying all of these cases is whether the baby sustained permanent damage as a result of the interruption of oxygen supply. That question often takes time to answer, Newborns cannot communicate, and so to determine whether the baby is left with permanent damage, parents often have to wait to see if their child is meeting milestone development markers.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

MEDICAL MALPRACTICE – MALPOSITIONING DURING SURGERY CAUSING NERVE DAMAGE TO HAND.

Question.

Medical Malpractice can My Husband sue? He had surgery July 2, 2012 to remove his appendix that were massed to his bowel. They had to remover 6 inches of his bowel. During the surgery they tied his right arm back and messed up a nerve in his arm. He went out of town to another doctor to do another surgery to fix this so he would not loose total use of his hand. now he has to have another surgery on his elbow to move a nerve over to take the numbness out of three finger. Can he sue for damages.

Answer.

Malpositioning during surgery that causes nerve damage should not occur, and so you probably have a malpractice case worth investigating. If your husband is under active care he has a chance if improving, and that may make raise issues regarding the economic viability of your claim, but you have something I would open a file on.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Latest Questions and Answers From April and May 2013.

Medical Malpractice – Dental Malpractice

Question:

Went to dentist for tooth ache was told I have and abcess and it need drained returned four times every appointment the pain got worst until I couldn’t take it my face swallowed on that side with lead my to emergency room they referred my to and oral surgery who told me there’s no way to save this tooth and pulled it out the swelling and pain was gone within two days where the first dentist has me suffer with this pain saying he can save this tooth for 12 days, 4 different appointment!

Answer:

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Hip Revision Surgery.

Question:

I had to get a revision for my hip due to metal on metal. I got a lawyer for that. A month later at the end of January my hip popped out 4 times in a week. i was left in the room for hours at a time cause i had no way to get someone to call for me. after my 2nd revision my other doctor told me he put in the wrong size after he asked me to go and get the correct size and all from my past surgery. Dr also told me that my ligaments and all are getting weaker due to the pop outs and it will take me longer to heal going to take me longer due to me being diabetic. well after he fixed it. he did not put me on much pain meds after the operation and a dr i knew came by and he said you must be in allot of pain cause you are not getting much. so he raised it. i spent a few hours before he came in so much pain. This dr has been sued before cause he did not show up for the operation and he was waiting in the waiting room. my lawyer told me that. he also told me since i was not making any i had no case.

Answer:

I am having a hard time following you description of what happened, but it sounds like you are questioning whether you have a cause of action who performed the first revision surgery, and perhaps whether you have a cause of action against the doctor who performed the second revision for failing to provide you with adequate pain medication.

I doubt a case against the doctor who performed the second revision is viable. You may have a case against the doctor who performed the first revision. You would not expect the hip to pop out of joint one month after the surgery and the second doctor has advised you that the first doctor chose the wrong sized implant.

I think there will be a question about whether the case is financially viable if the second revision cured the deficiencies of the first. You have indicated that you will have to undergo a prolonged healing process, but for the case to be financially viable you will have to prove that you are left with permanent injuries that are having a significant impact on your life.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Tubal Ligation.

Question:

I GOT MY TUBES CUT & BURNED SO I COULDN’T HAVE FUTURE PREGNANCIES…I DO NOT WANT ANY MORE KIDS. I WENT TO THE ER FOR ABDOMINAL PAIN ONLY TO FIND OUT NOT ONLY AM I PREGNANT BUT I HAVE A CYST ON MY OVARY. ONLY THING TOLD TO ME WAS THAT MY PREGNANCY TEST CAME BACK POSITIVE NOT THAT I HAVE A CYST….I FOUND THAT OUT THRU THE DR’s FINAL REPORT THAT WAS HANDED TO ME PROBABLY BY MISTAKE.

Answer:

Even if done correctly, tubal ligation is not 100% effective. Most medical information sites describe the success rate at 99%. Additionally, there are different methods of performing the procedure that can decrease the success rate. In general, the risk of failure increases over time. Finally, a good portion of these procedures (12-15%) can result in ectopic pregnancies.

To determine whether you have a viable medical malpractice case, an attorney will have to have an expert review all of the pertinent records to ascertain whether the pregnancy was the result of a negligently performed procedure. Two other big questions will be whether your state recognizes a cause of action for “wrongful birth,” and what damages you may be entitled to if your state does.

If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – excessive bleeding following removal of polyp.

Question:

In January 2013 (first week) I went for a routine colonoscopy. A small polyp was removed. The doctor did not think it was serious and did not worn me that there could be bleeding complications. Two days later, within an hour and half I lost half of the amount of blood in my body. I went to the emergency room and was quickly processed because my vitals were critical. I spent a week in the hospital, and the only thing done was an IV and no food for a few days, bed rest and observation. After, my stay in the hospital a became extremely anemic. I had to rest in bed and catch my breath for an hour after taking a shower and had to break frequently to rest because of exhaustion. My hemoglobin count is up; but by Iron levels are very low even though I have had four iron IV treatments. I am in a lot of muscular pain — don’t know if low iron is causing it. It is now April 2013 and I am better, but still get very tired and need to rest frequently. I might still have bleeding issues.

Answer:

Obviously the issue of whether you are still having bleeding issues is a medical one and you need to get an answer to that question immediately. The outcome of the resolution of that question will impact whether you have a viable malpractice case, because if your failure to bounce back is related to an ongoing problem, but that is correctable, then you probably do not have a financially viable case.

Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Buy getting a second opinion and determining why you are still having issues, you will get to the bottom of what is going on medically, and this should give you a better understanding of whether you should be consulting a lawyer about a malpractice case. Then,

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Infection Following Hip Surgery

Question:

Father-in-law had hip surgery. The hip became infected. Surgeon removed hip and put in a antibiotic spacer. He came down with pneumonia and passed away with congested heart failure. Death certificate states cause of death as congested heart failure, pneumonia, and infection.

Answer:

It is hard to answer your question without knowing more facts, but if your father-in-law had hip replacement surgery, he probably should have received prophylactic antibiotics. If he did not, you may very well have a malpractice case. Click here for information about the need for prophylactic antibiotics in joint replacement surgery.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Surgical Error During Gastric Bypass Surgery

Question:

HAD GASTRIC BYPASS AND HERNIA REPAIR IN 12/2007 WAS IN AND OUT OF ER AND THEN HAD TO HAVE 2 STOMACH SCOPES TO DETERMINE CAUSE THEN WAS HOSPITALIZED FOR 3DAYS. DETERMINED THAT CAUSE WAS STOMACH WAS CLOSING OFF. THEN HAD PROBLEMS AND IN 01/2011 SURGEON DID ANOTHER HERNIA REPAIR. WENT BACK ON APRIL19,2012 FOR EX-LAP SURGERY WAS STILL HAVING PROBS. HEDETERMINED THAT SUTURES DIDNT STAY IN FROM LAST SURGERY. HE RE-DID SURGERY. 3 DAYS LATER WAS STILL ILL. CALLED HIM AND HE STATED WAS PROB POST-OP INFECTION AND GAVE ME ANTIBIOTICS WHICH MADE ME SICKER. ON MAY 8TH, 2012 HE DID ANOTHER EX-LAP AND DETERMINED THAT SUTURES BLEW OUT FROM THE VOMITING AND THAT HE WOULD END UP HAVING TO RE-DO BYPASS BECAUSE THERE WAS A PROBLEM WITH THE WAY IT WAS DONE. FOUND ANOTHER SURGEON AND HE WENT IN AND RE-DID BYPASS AND ALL HERNIA SURGERIES ON 06/14/2012…..TO THIS DAY STILL HAVE DIGESTIVE ISSUES.

Answer:

Gastric bypass cases are very difficult because these procedures are always fraught with complications, many of which can happen in the absence of any negligence. I have screened several of these cases but never prosecuted one. To know whether you have a case, an attorney will have to carefully go through all of the pertinent medical records.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys. Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Hip Surgery

Question:

I had to get a revision for my hip due to metal on metal. I got a lawyer for that.  a month later at the end of January my hip popped out 4 times in a week. i was left in the room for hours at a time cause i had no way to get someone to call for me. after my 2nd revision my other dr. told me he put in the wrong size after he asked me to go and get the correct size and all from my past operation. Dr. also told me that my ligaments and all are getting weaker due to the pop outs and it will take me longer to heal going to take me longer due to me being diabetic. well after he fixed it. he did not put me on much pain meds after the operation and a dr. i knew came by and he said you must be in allot of pain cause you are not getting much. so he raised it. i spent a few hours before he came in so much pain. This dr. has been sued before cause he did not show up for the operation and he was waiting in the waiting room. my lawyer told me that. he also told me since i was not making any i had no case.

Answer:

I am having a hard time following you description of what happened, but it sounds like you are questioning whether you have a cause of action who performed the first revision surgery, and perhaps whether you have a cause of action against the doctor who performed the second revision for failing to provide you with adequate pain medication.

I doubt a case against the doctor who performed the second revision is viable. You may have a case against the doctor who performed the first revision. You would not expect the hip to pop out of joint one month after the surgery and the second doctor has advised you that the first doctor chose the wrong sized implant.

I think there will be a question about whether the case is financially viable if the second revision cured the deficiencies of the first.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Nerve Damage From Post-Op Casting.

Question:

I now have RSD after surgery on my left foot. Also I believe I have nerve compression, from the cast.

Answer:

Compression of the peroneal nerve is a well-known risk of casting the leg because it sits very close to the skin. It is entirely avoidable because doctor’s can use splints or knee braces to avoid this problem. Here is a link to a case that I litigated involving similar allegations.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Congenital Diaphragmatic Hernia

Question:

In January I gave birth to a baby girl. She passed away 4 hours later from a condition called Congenital Diaphragmatic Hernia. Her case was severe, most of her organs were in her chest cavity and her liver was the size of a fist. I had multiple ultrasounds during my pregnancies, at least 6, because I’m a type 1 diabetic. This condition is usually diagnosed during pregnancy and I’m wondering how this wasn’t seen? Seeing as it was such a severe case, her organs were in the wrong area, and her liver was so huge. I kept being told she looked “perfect” I even elected to have my tubes tied and while they were tying my tubes they called my husband back to tell him something was wrong with our daughter. Now I can’t have children again unless I try a tubal reversal, Not to mention that there is a surgery that can be done while pregnant that might have saved my daughter’s life. My pre-e wasn’t diagnosed until after either even when i complained of bad swelling. Is this something I should pursue?

Answer:

Congenital diaphragmatic hernias (CDHs) are typically discovered by routine ultrasound at 16 to 18 weeks gestation. After they are discovered, the baby is monitored and usually the problem is repaired surgically after the baby is born. Sometimes, therapy can be undertaken prior to that point in time in severe situations. The survival rate of babies born with this condition has been reported to the around 70%.

It certainly sounds like you have reason to suspect that you received negligent obstetric care. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts, ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Nerve Damage Following Hip Replacement Surgery

Question:

Sciatic nerve damage after hip replacement surgery.  Do I have the right to be compensated?

Answer:

These cases are very difficult and while I have reviewed several I have never litigated any. The reason is that sciatic nerve damage can happen in the course of hip surgery in the absence of negligence. After a patient is sewn up, it is difficult (but not impossible) to pinpoint the source of the injury.

To tell you whether you have a case, an attorney would have to look at the records. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Nasal Surgery

Question:

When I had my last nose surgery my current Doctor, not the Doctor that did the surgery, that examined me said that I have a damaged nose. More Details: He stated that the only treatment he can give me to correct my damaged nose is surgery. He cannot recommend anything else but surgery to correct what has been done from a previous surgery 3 years ago.

Answer:

It sounds like you have reason to suspect that you received negligent care by the physician who performed the first surgery. Nevertheless, if the damage can be corrected in a second surgery, the question you will have to face is whether the case is financially viable. Some of the articles below discuss this issue.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Perform Pregnancy Test Prior to Depo Provera

Question:

MY DR GAVE ME DEPO VERA AFTER HE DID A PELVIC EXAM AND ANNUAL PAP SMEAR. HE FAILED TO SEE I WAS OVER 4 MONTHS PREGNANT AND GAVE ME DEPO VERA SHOT. I WENT TO DR 11/21/2012 AND RECIEVED A PREGNANCY TEST THEN A DEPO VERA SHOT. I CAME BACK 02/03/2013 FOR MY ANNUAL PAP SMEAR AND PELVIC EXAM. I ASKED WHY MY PERIOD STOPPED AND MY WEIGHT GAIN, THEY SAID IT WS BC OF THE DEPO SHOT AND THE OTHER MEDICATIONS I WAS ON AND HE ASSURED ME I WAS NOT PREGNANT. I CAME BACK ON 02/15/2013 AND R3ECEIVED ANOTHER SHOT OF DEPO VERA. I WENT TO CLINIC ON 04/22/2013 BC I FELT MOVEMENT IN MY STOMACH AND THEY SAID I WAS PREGNANT, I THEN WENT FOR ULTRASOUND AND IT WAS DETERMINED I WAS 25 WEEKS. THE PREGNANCY IS NOW VIABLE AND I HAVE NO CHOICE BUT TO CARRY IT TO TERM AND I WAS UNAWARE AND WAS TAKING MEDICATION THAT THEY WERE AWARE OF BESIDES DEPO VERA THAT COULD BE HARMFUL TO MY CHILD. I FEEL IT WAS TOTALLY NEGLIGENT FOR THE DR WHO EXAMINED MY UTERUS, CERVIX, ECT NOT TO NOTICE THAT I WAS 16 WEEKS PREGNANT AND TO ALLOW ME TO RECEIVE ANOTHER BIRTH CONTROL SHOT ALONG WITH MY OTHER MEDICATION.

Answer:

The doctor should have given you a pregnancy before providing you with the first injection of Depo-Provera. If he failed to do this, he was negligent. A possibility is that he performed the test and it was a false negative. Pregnancy tests do not always detect pregnancies less than two weeks old, so if you had unprotected sex in the two weeks leading up to the first shot, that is a possibility. At the same time, he should have asked you this question so that he understood whether the test was accurate.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Spinal Surgery

Question:

Do I have a medical malpractice case? I had back surgery in Feb 2012, re-herniation in a few months. Contacted doctor and explained I was tripping over my left foot. Doctor stated I did not have foot drop and was not a good candidate for back surgery. Pain continued – started going to a chiropractor who ended up ordering a new MRI in 12/12 (I believe) disc herniation was much larger than the last MRI (August 2012?) Contacted and made an appointment in Louisville who diagnosed me with foot drop and called an Owensboro surgeon to see if he would take me as a patient. (my original doc went on medical leave shortly after my 1st back surgery and the 2nd doc I saw in August brushed me off) I saw another partner. I had my 2nd back surgery 3/14/13 and still suffer from foot drop since the 2nd doc didn’t treat me and relieve the herniation from the disc. pressing and killing the back nerves going down my leg. Do I have a case? I don’t want to waste anyone’s time if not. You may contact me at any time. I am still on leave from work

Answer:

You may have a malpractice case worth investigating, but to know whether it is viable an attorney is going to have to secure the pertinent medical records and the radiographic films and review these materials. The issue in the case will be whether earlier intervention would have made a difference in the outcome.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Gallbladder Surgery

Question:

Gallbladder surgery complications. More Details: 2-3 weeks after having Laproscopic GB surgery a patient is very sick, goes to the ER at the local hospital, and is transported to a larger hospital for emergency surgery….Then spends 3 weeks in ICU and 2-3 weeks in Rehab……..2 liters of bile was drained from the abdomen and there was bleeding from the hepatic artery…… Is there an easier way than filing a law suit…..Can we contact the Surgeon? Or the Hospital and ask about compensation? Look forward to you answer…. I have a medical background and the patient is my Sister In Law.

Answer:

Injuries to the bile duct and hepatic artery during laparoscopic gallbladder surgery can be caused by medical malpractice. It is very unlikely that any hospital or surgeon will voluntarily settle a claim in the absence of a lawsuit. Additionally, even if that is a possibility, you should have an experienced attorney providing you with guidance and giving you advise about how to evaluate damages so that you get sufficient compensation.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Colon Cancer

Question:

After telling my dr. for a year every 3 weeks that I had rectal bleeding and him only doing 1 exam, seeing another dr. found I had colon cancer. I have been on blood thinners for my heart. As I told my dr. after every Blood check every 3 weeks that I had rectal bleeding he finally did a rectal finger exam and said it COULD be hemorrhoids and the blood thinners. After a few months I began to have severe pain in abdominal and his PA thought diverticulitis. After a colonoscopy it showed a tumor that was almost blocking my intestine. If my dr. had just done further testing he would of found this out a lot sooner. By the time it was found it was stage 3c and I had to have 12″ of colon removed and 6mths chemo.

Answer:

I think that you should consult an attorney. Depending on your age and other factors in your patient history, accepted standards of care may have required your doctor to perform a screening colonoscopy even in the absence of these symptoms.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Negligent Cataract Surgery

Question:

Can i file law suit? I had routine cataract surgery, left my right eye without a lens and no sight in it

Answer:

Obviously with a complete loss of vision you have reason to suspect that you received negligent care. I would need more facts to be in a position to tell you more. It could be an injury to the optic nerve. It could be the result of other complications.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Dental Malpractice – Retained Foreign Body

Question:

If a dentist leaves a piece of cotton in a tooth when installing a crown, is he liable for the cost to repair the tooth by another dentist?

Answer:

If he inadvertently left behind a piece of cotton, that is negligence. Nevertheless, dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free.

Medical Malpractice – Skin Damage Following Steroid Injection

Question:

Do I have a case? I received a steroid injection 7 months ago. Last week I had a golf ball size chunk of fat go missing on the top of my right butt cheek where I received the shot. Consulted the doctor and it was from that shot 7 months ago. When the steroid was injected, they missed the muscle and it went it the fat and dissolved it. They said they were sorry and this sometimes happens, although they have never seen one this large (usually the size of a nickel). They also stated there is nothing that can be done and I’m just left with this huge indention. I teach dance class and in my dance pants, it is noticeable. I was also told that if the nurse would have done what’s called a Ztrack when she administered the injection, this could have been avoided. Just wondering if people throw a fit over a dent in there bumper and insist compensation shouldn’t I who is now disfigured in a way?

Answer:

Skin dimpling occurs with the use of steroids on occasion. Steroids that are less soluble tend to do this more, but they are also more efficacious. It is possible that the person who injected you did not go deep enough with the needle. Arguably you should have been told about the possibility of the complication per the doctor’s duty of informed consent.

People report that the condition does sometimes improve over time.

I think you are going to have a hard time finding an attorney to take the case because it is probably not economically viable. The articles linked below explain this.

Medical Malpractice – Negligent Gallbladder Surgery.

Question:

Gallbladder surgery complications?  2-3 weeks after having Laproscopic GB surgery a patient is very sick, goes to the ER at the local hospital, and is transported to a larger hospital for emergency surgery….Then spends 3 weeks in ICU and 2-3 weeks in Rehab……..2 liters of bile was drained from the abdomen and there was bleeding from the hepatic artery…… Is there an easier way than filing a law suit…..Can we contact the Surgeon? Or the Hospital and ask about compensation? Look forward to you answer…. I have a medical background and the patient is my Sister In Law.

Answer:

Injuries to the bile duct and hepatic artery during laparoscopic gallbladder surgery can be caused by medical malpractice. It is very unlikely that any hospital or surgeon will voluntarily settle a claim in the absence of a lawsuit. Additionally, even if that is a possibility, you should have an experienced attorney providing you with guidance and giving you advise about how to evaluate damages so that you get sufficient compensation.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Bowel Perforation During Tubal Ligation

Question:

Do have a malpractice case? I had a Laparoscopic Tubal Ligation. the surgeon had known he poked a whole inside my intestines. He closed it up knowing that there might be a problem. Sent me home. 2 days later I was right back at the ER. I was in the hospital for 5 days not eating or drinking to find out what was going on. The first dr. deferred me to another surgeon to fix his mess up. Well They found 3 infections 1 of them the flesh eating kind. So they irrigated my insides, as well as fixing the first problem. Well my tubal was 3-4-2013. Till this day I’m being ignored about so many questions. Dr.s blowing me off. My own family Dr. said he couldn’t do nothing for me. the 2nd surgeon says i should be fine in no pain. Oh yea I have been telling him i have been in pain and am still layered up on the couch. I have nurses that come to my house every day to take care packing of my wound. As of last week blisters started showing up on my wound. The nurse nor the surgeon has no clue about them. 2 months still in pain.

Answer:

Bowel perforation can be caused by negligence but they also occur in the absence of negligence. If it is a perforation because of negligence, it is because the perforation occurred because the doctor failed to follow the proper procedures and safeguards to avoid this. Because the surgeon is the individual with the best view/perspective on what happened during any given surgery, these cases are very difficult to prove.

The failure to recognize and appropriately treat a perforated bowel, however,  is negligence.  I can’t tell you whether the care you received in response to the perforation was negligence without examining the records.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Medical Malpractice – Failure to Diagnose Hole in Heart

Question:

Can i sue if a doctor neglected to tell me about my daughters heart problems? My daughter was born in 2012 and for 5 months we were fighting to get her insurance but we keep taking her back to the hospital because she keep coughing and it keep getting worst and all they did was look in her ears and say that she was “fine”. When i told them that she finally got Medicare they ran a chest x-ray and sent her to children’s hospital in Dallas, TX, where we found out that she had three holes in her heart and the doctor told us when she was born that she was fine and that there were no problems, but the doctors at children’s hospital said she was born with the holes since they just don’t pop up out of nowhere.

Answer:

When babies are born with holes in their hearts, it is not always an obvious condition and sometimes the condition is not immediately diagnosed. To know whether the doctors treating your daughter were negligent, an attorney would have to review all of the pertinent medical records. The exam findings for an atrial septal defect (ASD) often aren’t obvious. Thus, the diagnosis sometimes isn’t made until later in childhood or even in adulthood. Ventricular septal defects (VSDs) cause a very distinct heart murmur, and if your daughter had this kind of problem you would expect an early diagnosis.  A big question in any case that you pursue will be whether any delay in diagnosis resulted in additional harm. If it did not, the case will not be financially viable.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Latest Questions Submitted Online in March 2013

Medical Malpractice-Failure to Timely Treat Arterial Insufficiency

Question:

My diabetic Mother fell in the house on the 2/25. Was admitted to the hospital by her primary doctor 2/26 where he ( primary doctor) ordered a cat scan. It revealed a cancer in her lungs and a brain tumor. He recommended surgery to remove the tumor. 3/1 The tumor is removed . Due to the surgery it resulted in my mother having a stroke on the right side of her body. She was extremely coherent 2 days after surgery. On 3/8 She was transferred to a Rehabilitation home. On 3/9 while visiting her ,my wife noticed that my mother’s toe nails where black. informed the RN she told us it was swollen. From 3/11 to 3/14 she was Heavily medicated . 3/19 she was given a biopsy. 3/20 was told her right foot had to be amputated because of gang green to her knee. She originally went in for her legs!

My Mothers Primary Doctor admitted to my family that his 2 (so called) visits to the Rehab home that he never looked at her legs and “dropped the ball”. How is it that the Primary Doctor, The Rehabilitation home and RN’s not catch this even though it was brought to their attention by numerous family members at various times. Gang green is the cause of her declining health and days for her to live not the cancer that we were prepared to fight with her. Please help.

Answer:

Without knowing the exact cause of the gangrene, it is hard to tell you whether you have a case worth investigating. Clearly, you would expect an arterial insufficiency to be noticed prior to toes turning black when a patient is under active medical care.

The problem you will have finding a lawyer is that your mother’s advance age, along with her underlying health issues, make it unlikely that her claim is economically viable. There are articles linked at the end of this answer that explain that concept.

While cases against rehabilitation facilities can sometimes be economically viable when standard malpractice cases are not because those cases allow for fee shifting, it is very likely that the gangrene started prior to the admission to the rehabilitation facility, since she arrived there on 3/8 and you discovered “black toes” the day after.

It is rare and admirable that the attending doctor advised you that he dropped the ball by failing to examine the extremities, but depending when those examinations took place, the doctor may have a proximate cause defense to a claim.

Medical Malpractice-Determining the Value of a Potential Claim

Question:

I had an ACL surgery done 2 months ago. During the operation the doctors put a brace on my leg that was too tight and caused damage to my peroneal nerve and foot drop. I have since gone to a neurologist, had multiple nerve tests and an MRI which suggest that the injury is not permanent, however it would take at least an additional year to recover. The doctor who performed the surgery has already admitted that he was fully responsible for the injury. What would be a reasonable claim for me if I were to open a medical malpractice case against him?

Answer:

It is hard to tell you what the value of your case is at this point. First, you have been told that it will take a year for your injury to heal, but it is very premature for anyone to reach that conclusion. Frankly, if you already have a foot drop, I think people are being overly-optimistic. So, until you have a better idea of your prognosis, you won’t know what fair compensation is.

There are two values to a claim. The settlement value, and what a jury will award. The settlement value of a claim is based on what factually similar claims have settled for. An attorney can do a nationwide search of verdicts and settlements involving damage to the peroneal nerve, and give you a rough range of what the value of the case is. Then, you come up with a demand, and negotiate from there. Anything can happen when a case goes to a jury. Sometimes, you do much better with a verdict than you your highest settlement offer. You can do worse, however, and you can also lose a case if you go to verdict.

It helps to have experienced counsel when deciding issues like this. It is encouraging that your surgeon is owning up to the mistake. That is rare, and commendable, but his carrier has to agree with his position and then they decide what to offer to resolve the claim.

I would not even begin discussing a resolution of the case until you pass the one year anniversary of the injury and can gauge whether your prognosis is as bright as they are suggesting. I would hire an attorney to discuss settlement. If you put the carrier on notice of the claim, and they represent to you that (a) their insured has consented to resolve the case and (b) they are prepared to offer money to do this, it might be possible for you to negotiate a hybrid fee arrangement that provides you with a discount if the case can be resolved without litigation. Another alternative is to pay an attorney an hourly rate to work the file up to try and settle it rather than agreeing to pay the attorney his customary contingency fee (usually a third of the recovery).

Medical Malpractice-Burn While in Labor and Delivery

Question:

To make a long story short, I was 32 weeks pregnant when my insurance company dropped me. I had my son on 12/25/11. I had to go to social services and get Medicaid for the rest of my pregnancy which I didn’t get for a while. It was a horrible experience and because I had Medicaid I had resident drs and I just didn’t feel like I was treated right. I got a huge injury and now it’s a scar on my back and they covered their ass by saying it is a friction burn but I had another doctor tell me it was definitely not it was chemical or electrical but because they covered their ass in the report he couldn’t say if they were negligent. Someone please help me and tell me if I have a case. This all took such an emotional/physical toll on me. I had to deal with pain and taking care of a newborn. Help!

Answer:

Did you have a C-section? I ask because surgical burns happen relatively frequently for a variety of reasons. Even if it were a “friction burn” you would not expect that kind of thing if the medical providers were following accepted standards of care. The issue will be how bad the burn is and whether the case is financially viable.

Medical Malpractice-Failure to Remove Hardware Following Surgery

Question:

I was in an accident 10 years ago and I fractured my tibia. I have lived with hardware in my leg because of the accident. I decided to go back to the surgeon to have him removal ALL of the hardware in November because I had a lot of leg pain because of it. The doctor accidently left one pin in my knee and this it the piece of hardware that bothered me the most. I had scheduled the original surgery because I had already reached my deductible for the year and would not incur any out of pocket costs. I had to schedule yet another surgery to have the final pin removed and have out of pocket costs because of the additional surgery. Obviously, I suffered because of the doctor’s negligence. Do I have a strong case? The recovery from both surgeries were long and painful.

Answer:

It was probably not negligence for the doctor to leave the hardware in following the initial surgery. Sometimes hardware stays in forever. Other times it is removed when it causes pain. Most doctors take a watch and wait approach with patients in these circumstances. The failure to remove the pin in the second surgery might be negligence if it was clear that this is what was responsible for causing your symptoms prior to the second surgery. The big question will be whether or not a case based on damages related to that mistake is financially viable. Articles linked to the bottom of this email discuss that issue.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice-Failure to Appropriately Treat a Puncture Wound

Question:

Went to the Alliance City E.R. because I step on a toothpick. The attending Dr. would not. lance my foot to totally remove it. He sent me home with an insufficient antibiotic. On Dec16 My lower leg was amputated.

Answer:

You certainly have a case that is worth investigating. Accepted standards of care require antibiotics to be used to treat a puncture wound to the foot. Puncture wounds are susceptible to infection because the invasive element is not just on the surface of the skin it is deep in tissue and it needs to be treated with the appropriate antibiotic.

Click here for an article in Podiatry Today that discusses how to deal with puncture wounds.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice-Retained Foreign Object Following Surgery

Question:

A piece of needle was left in my back after disc decompression surgery, do I have a damages law suit? After four series of injections, the doctor decided that I needed surgery. A disc decompression was performed. during witch the needle broke off in the disc. The doctor informed me during recovery and said it was nothing to worry about and would scar over. the next day I was in terrible pain from my butt to my foot.  A sun burn sensation developed around my ankle, my foot felt bruised on the bottom and my toes felt smashed. the doc told me that was normal as he moved a lot around during the surgery.at the two week after app., I was in such bad shape he took an exray and said I needed another MRI. At that time he increased my pain meds. That took a week to get. They wouldn’t do because of the needle. Then, doc sent for CT scan. After he viewed the results and consulted another surgeon, they agreed that the needle had moved out of the disc and was causing my pain. It would have to come out. I have suffered now for over a month at this time the needle is still there.

Answer:

Either the doctor negligently broke the needle, or you have a products liability case against the manufacturer of that medical device. There will be a question about whether the case is financially viable if the second surgery ameliorates your problems.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice-Distinguishing Inappropriate Care from a Medical Malpractice Case

Question:

If i went to the hospital because my kidney stop functioning and they sent me home and said nothing is wrong and 4 days later I go to another hospital is that mal-practice? The day before i was there because my nephrostomy tube came out they tried to send me home I said no. The doctor was angry pull the curtains, turned off the lights, shut the door when the nurse came in i was in extreme pain asked for medication she said just go to sleep I was left in that room all night no call light to call for help until the next morning. Is that wrong?

Answer:

Of course that is inappropriate care. You probably do not have a viable malpractice case if this did not cause you a permanent problem, but you are entitled to better treatment. You should consider contacting the Department of Health in CA. They likely have a division that will allow you to report the mistreatment.

Click here for information about how to file complaints about doctors, nurses, hospitals and nursing homes in the state of California.

The articles below discuss the issue of financial viability, which is the problem that I think you face in pursuing a malpractice claim.

Medical Malpractice – Statute of Limitations for a Minor

Question:

They did a surgery on my daughter but they made an error and they didn’t put the device in her now my daughter had been sick after this for years come to find out it was from the surgery that took place when she was small and they want to do another surgery on her to correct what they did but that is not fair because they mess my daughter up for life.

Answer:

If you have reason to suspect that your daughter was the victim of negligent surgery and this impacted her quality of life for a significant period of time you may have a medical malpractice case worth investigating. There will be issues about whether the statute of limitations expired, but usually state law has a provision that tolls the statute of limitations for minors. Usually, there will also be case law that indicates that the statute of limitations is tolled if you were reasonably unaware that somebody made a medical mistake.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Retained Foreign Body Following Labor and Delivery

Question:

Can I sue or report my doctor? My on call doctor left a cotton swab inside me after stitching me from my vaginal delivery of my daughter. No infection that we know of yet. It was inside me for over three weeks. What can I do to make sure he doesn’t get away with this?

Answer:

There is no question that leaving a foreign body behind during the surgery is negligence (although that doesn’t mean that the hospital or physician will attempt to disclaim responsibility). Retained foreign bodies are considered “never events.” Never events should never occur, and Medicare and insurance companies take the position that they will no longer provide coverage for consequences related to these kinds of mistakes, because they should no longer take place in a health care setting.

I think the issue will be whether your case is financially viable. Their articles to discuss this issue at the bottom of this email as well. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Dental Malpractice Trigeminal Nerve Injury

Question:

Do I have a case? A year ago I had my wisdom teeth pulled. Since then the lower right mandible has been numb. I’m having difficulty eating and drinking. I also drool at times. It’s embarrassing to say the least. I called my oral surgeon’s office several times after the procedure and they assured me the numbness would wear off that I needed to give it time. It’s been a year and still driving me crazy!

Answer:

The symptoms are consistent with an injury to the trigeminal nerve. It is disquieting that you were not advised this by your dentist. There is about a one year window of opportunity to try and correct this problem, so the failure to timely address it or provide you with informed consent about what happened may be the basis of a medical malpractice case.

Injuring the trigeminal nerve during a wisdom tooth extraction is considered an accepted complication of the procedure in most circumstances.

If you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Failure to Timely Diagnose and Treat a Stroke

Question:

Can I sue the hospital for not admitting my husband after a stroke?  He had a stroke. Hospital sent him home and said he did not. Stroke confirmed with another hospital the next day.

Answer:

There is a limited window of opportunity in which stroke patients can be treated with tPA which can ameliorate allot of the consequences of a stroke, so it is certainly possible that a failure to timely diagnose and treat a stroke could serve as the foundation of a medical malpractice case. Without knowing what the damages are from the stroke, it is hard to provide you with a more educated response.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Failure to Diagnose Testicle Torsion.

Question:

When testes become nonviable and removed one week after a misdiagnosis of infection, treated with antibiotics, qualify as medical malpractice? 15 year old boy admitted to ER with excruciating pain in left testicle. After 6 hours of steady screaming and ER physician stating that it may be “gallstones”, ultra sound and C-scan were negative. My son heavily sedated was released to home with no diagnosis except statements that it could be an infection. In fact it was Torsion and after one week of being treated with 2 shots of antibiotics and blood taken daily, the testes became nonviable. The physician panicked stating that the antibiotics were not working and ordered another ultrasound. There was no blood flow to the testes. We transported my son to the hospital for immediate surgery. The testes was removed. My son is an elite track and field ‘miler’ and is extremely depressed about his loss. When my son was initially injured, 3 months earlier, the radiologist could not explain my son’s extreme pain and suffering. In both situations I told ER staff that a mistake must have been made. The time delay costs my son’s testes.

Answer:

It sounds like you have reason to investigate a medical malpractice case. Testicular torsion is often diagnosed through a simple clinical exam by testing the cremasteric reflex. Click here for a discussion of the injury, here for a discussion of cremasteric reflex test. This is not rocket science, and you would expect your son to have been screened for this possibility at the outset.

The big question will be how has this impacted your son’s ability to have children. It probably has a statistically significant impact, but I would guess that it will not prevent him from reproducing. Obviously, if they conclude that it will impact his ability to have children, the case is much more substantial.

If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Nursing Home Negligence – Failure to Follow Fall Protocol

Question:

Do I have recourse for injuries suffered?

More Details: I had to place my parents in an assisted living facility. My father feel during the middle of night due to poor lighting conditions and poor care that was not provided. I had to pay 8000$ per month and it was very expensive on top of that due to supplies my mom required I had to pay for, special bed etc. I paid over &76,000 and my father ended up with a broken hip and inability to walk due to the injury he sustained on their premises. The facility owner and assistant were not apologetic at all and did not care about his condition, he had dementia slightly and was a very nice person. I felt a lot of remorse and made a poor decision placing them there. They advertised that caring is their business but I feel like I was scammed out if all their life savings. I father died in a rehab facility after his surgery. My mom has been bed and chair bound for many years I had to take her home for a while due to no more money. It was very custody mistake on my part and do I have recourse??

Answer:

You may have a cause of action for the broken hip depending on the facts and circumstances surrounding the fall.

When a patient is admitted to a nursing home, a fall assessment has to be done and a care plan must be developed for the patient that takes into consideration the risk factors disclosed.  Issues addressed in the assessment include whether a patient is taking medication that raises the risk of fall, whether the patient has a history of vertigo, dizziness, syncope or seizures, whether the patient had a history of falls within the last six months, whether the patient ambulates independently without the use of an assistive device and the mental status of the patient.  Depending on how your father was classified in the initial assessment, the home could have violated its own fall protocols. (For example, if they provided footwear it should have been slop resistant).

If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state), preferably, one that specializes in nursing home negligence cases. They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Failure to Diagnose Congestive Heart Failure

Question:

On March 12, 2013, I had my husband to take me to Kernodle Clinic at Alamance Regional Hospital. My main complaint was that my feet and ankles were swollen. Dr. Eric Wallace was the physician that saw me. I was also having trouble breathing. He sent me to have x-rays done. When the x-rays were finished he told me that if I had waited any longer that I would have ended up with pneumonia. He did not give me a diagnosis. He gave me prescriptions for Prednisone, Cherry tussin, and an antibiotic. He also gave me a doctor’s note that I could not return to work until March 14, 2013. On March 14, 2013 I was feeling worse. I could hardly breathe. I called my regular doctor to see what would what make my feet and ankles swell; my doctor’s nurse told me that it could be my sodium intake or a lot of things. She told me if I was really worried to go to Next Care Urgent Care on S. Church Street. I then had my husband to take me there. When I finally made it in to Next Care the nurse seen I was in distress and seen that my feet & ankles were swollen. He told me that I would need to go to ER because my breathing was bad & my feet and ankles were swollen it could be something with my heart. As soon as I got to the hospital they rushed me to the back they started numerous tests and I was told after they took x-rays that I had congestive heart failure that fluid had built up on my lungs, ankles and feet but I don’t understand why Kernodle Clinic took x-rays and didn’t see the fluid. My Cardiologist Dr. Shaukat Khan was upset because he said that I should have come to him.

Answer:

Swollen ankles and trouble breathing are hallmark signs of congestive heart failure and so it is hard to understand why you were not diagnosed with that condition when you initially visited the hospital.  At the same time, I do not believe the delay in diagnosing the condition caused additional medical harm and so under the circumstances you probably do not have a financially viable medical malpractice case.

Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Medical Malpractice – Punctured Artery During Aneurysm  Surgery

Question:

My father had a central line artery punctured while starting his aneurysm repair he bleed out and his heart stopped beating for 25 minutes, the original surgery was aborted and they had to fix the severed artery.

Answer:

My instinct tells me that a puncture of the artery could be an accepted complication of the procedure, but I suspect that an attorney would have to look at the medical records generated from the procedure to know for sure.  I think there will also be a question about whether the case is financially viable if the second procedure fixed the problem and your dad had no lasting damage caused by the excessive bleeding.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Medical Malpractice-Excessive Bleeding and Blood Transfusions Following Hysterectomy

Question:

I had a hysterectomy in 2011 been have problems since. Had 2 blood transfusions and also hospitalized twice. I just recently had another surgery last week

Answer:

It is hard to answer your question without knowing more facts about why you were anemic and the details of the subsequent surgery that you recently underwent.  It certainly sounds like things didn’t go as expected. If you do not have a firm understanding of why these things have happened this suggest to me that you have cause to investigate whether the first procedure was performed negligently.  Depending on how well the subsequent surgery helped you are problems there may be an issue about whether or not the case is financially viable.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Medical Malpractice – Death of Toddler Following Influenza Vaccine

Question:

What can i do when my 2 year old daughter died after receiving the flu nasal mist Vaccine ? The doctor had the nurse give it to my daughter after my oldest daughter was diagnosed with influenza this happened on 1-16-13 and she passed away on 1-18-13 . I also had her in the ER on 1-17-13 and the doctor that she seen said it was a viral cold and sent us home. There is also more to what led up to her passing. I am just so lost and need to know if i have a case.

Answer:

I’m sorry for your loss.  Every time a person receives an influenza vaccine there is a risk that the vaccine can actually cause the illness.  Given the tragic outcome, however, should have an attorney review the hospital records and the records of your daughters pediatrician to ascertain whether more should have been done when she visited the emergency room on January 17, 2013.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Medical Malpractice – Failure to Timely Diagnose Kidney Cancer

Question:

My mother was diagnosed with kidney cancer which is totally removable if caught in time. It was not caught I was told it has probably been there about 5 years and has now spread to her adrenal glands and lymph nodes. she will needs surgery and chemo now. Since this 7 inch tumor has been on her kidney she has had two surgeries with two full blood work ups that I am going to obtain to have read. she had been to the doctors for many symptoms such as vomiting given a pill for ulcers although esophagus looked clean no inflammation from acid reflex but treated anyway, loss of appetite, weight loss which they just contributed to her thyroid, cramping which she was just given a potassium pill and never thought of again.

Answer:

For an attorney to know whether you have a viable malpractice case he really has to review all of the pertinent medical records to determine if there was something in a diagnostic test results or a blood test that should have resulted in a workup for possible cancer.  Kidney cancer is usually symptom-free until the late stages of the disease.  Then, people may start experiencing blood tinged urine, back pain below the ribs that persists, weight loss, fatigue and intermittent fever.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Medical Malpractice – Infection Resulting in Premature Delivery

Question:

My wife and I are on Camp Pendleton. She is pregnant. At 26 weeks she started having horrible pain so on April 3 we went to the naval hospital on base to get her evaluated. After the OB\GYN took a look and did some checks, after the walk in check up he said that she had a infection that it was normal. So later that night she was in critical pain and crying, so at 0530 we went back. When we first got there they asked for a sample, and while that was happening she was in tremendous pain, the OB came in an my wife’s water broke. She delivered the baby premature at 26 weeks and is currently in the hospital. Could I have a lawsuit on the hospital for medical malpractice, because if the OB would of caught it the day before we could have prevented the premature birth.

Answer:

It seems pretty clear that the first doctors that your wife saw failed to diagnose an infection and so it sounds like you have reason to suspect that she received negligent medical care.  I think that the big question in any case will be whether or not you can prove that the negligence of the doctor proximately caused the premature birth.  The defense will be that an earlier diagnosis would not have resulted in a materially different outcome because it would have still taken time for antibiotics to cure the infection.

If you do want to investigate pursuing the case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the “Find a Lawyer” service through this website to research medical malpractice attorneys.  Then, visit each attorney’s website and look for a firm that has a record of successful verdicts.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine.

Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.

Latest Questions and Answers Submitted in February 2013

Question:

My mom suffered burns to her leg she was admitted to the hospital and discharged the following day. After going to wound care I was told she should have been kept for 7 days, is this negligence on the hospital?

Answer:

Hospital emergency rooms and operating rooms contain elements that can cause fires, and burns occurring during surgery are relatively frequent.

Question:

I had a surgery in 2005. i almost died because of it in 2012. Can I still sue for medical malpractice seven or more years after the bad surgery ? I had terrible medical problems after this surgery misdiagnosis by two doctors including the one I got the surgery from and am missing three inches of my intestine and one kidney after they took a cancerous tumor off it. I was never sick a day in my life and I am only 55 years old.

Answer:

A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct.

In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated.

Question:

Gallbladder removal on a 17 year old female. Got complications with Bile leak. Had to have two stents placed and replaced for leak. 52 oz of bile liquid was removed from the stomach. Was hospitalized for 15 days.

Answer:

If the bile leak was due to a surgical mishap, then you may have a medical malpractice case. Surgical errors leading to a bile duct injury are relatively common. They are avoidable if the doctor takes a special x-ray known as a cholangiogram before surgery. There is a good deal of literature suggesting that this needs to be done, but for some reason, most doctors do not offer it.

There will be a question about whether your case is financially viable. See the articles below which discuss this issue.

Question:

My daughter did not talk until she was 2, also had feeding and breathing problems as a baby. I went into our family doctor several times looking for help with her speech. We kept being told that she would talk when she was ready. Finally we went to a speech therapist after we demanded a referral. The speech therapist diagnosed her Cleft Palate with-in minutes of speaking with her. This defect is usually caught on ultrasound before birth, however it is required to be caught in the hospital at birth. Ours went 2 years. Because of the delay the surgeries to fix it have been unsuccessful. We are now on our 4th surgery. She has lost some hearing, as well as permanent speech defects due to the delay in diagnosing her.

Answer.

The quick diagnosis by the speech therapist certainly suggests medical malpractice. Cleft palate is usually treated with surgery within the first 6 months to year after birth. If the delay in diagnosis is causing the problems and the need for multiple surgeries, then you should definitely contact a malpractice lawyer.

Question:

Do I have a medical malpractice case after having an outpatient procedure for large ruptured disc and severe radiculopathy 7 days later spinal fusion?

The first surgery outpatient microdisectomy for large L-5, S-1 disc rupture and left leg radiculopathy and cauda equina syndrome. Doctor pulled several large disc fragments and cut a blood vessel causing large amount of blood loss. Told me he got everything out and there may have been some small retained fragments however none were neurocompressive. I woke up in even more severe pain could not control my bladder while there. The doctor assured me nothing was wrong he got everything out. I was screaming/crying in excruciating pain. Doctor told my husband to get me iron pills for little blood loss I was discharged and told to go home and walk immediately I continued to worsen and . 5 days later admitted through ER with transfusion level hemoglobin at 6 and severe pain. Doctor did 2 surgery I had multiple huge retained fragments S-2 nerve root was sever displaced which was neurocompressive I have nerve damage in leg, pain and now disabled. First surgery was not standard of care and he knew…

Answer:

Yes, it sure sounds like you have a case that should be investigated. Obviously, you would not expect to need a second surgery to fix what was not repaired in the first within five days of spinal surgery. Additionally, a hemoglobin level less than 7 is a crisis itself.

Question: 

I was burned real bad from radiation on my right breast. I had breast (Right one) surgery in 2009. Then in 2010 had chemo and then radiation. I was burned so bad that my skin is like leather. I complained to my radiation doctor that my breast was hurting because it was trying to grown back and my skin would not let it grown out. So it was pulling really bad on the right side. So when I told her about it several times she said it was caused from my surgery that removed my cancer. I talked with my female doctor, my breast surgeon and my chemo & dermatologist doctor they all said it was from my radiation. And it was the worst they ever seen. So I had my breast removed and it looks like dog meat. I believe that it was no vault to my surgeon because he had to put to pieces of leather back together. The pain is out of this world. They have me on pain pills, sleeping pills and antidepressants. I go nowhere now because of the pain. And sometimes the sleeping pills do not help. Do you think I should talk with a lawyer?

Answer:

It sounds like you have a case that should be investigated. The question in these cases is who is at fault. It can be the maker of the radiation equipment hardware, the software company that programmed the amount of radiation that the device delivers, the technician who runs the machine and actually delivers the radiation, the people who are responsible for making sure the radiation machines are properly calibrated to deliver correct doses of radiation or the oncologist.

Question:

On 11/19/12 I went in for a knee replacement. I was released 3 days later. A week later I ended up in the ER room with an infection. They admitted me and put me on antibiotics for two days and released me. On 12/8/12 I was taken back in the the ER room. I was admitted again and this time had to have another surgery on the knee to clean out the infection. I was released 3 days later with a Pic-Line in my arm. I then went through 6 weeks of home care and antibiotics. To date I have more pain and less mobility in my left knee.

Answer:

Accepted standards of medical care require an orthopedic surgeon to put a patient on prophylactic antibiotics following knee replacement surgery. If you are surgeon failed to do this than he failed to meet accepted standards of medical care. Nevertheless, there will be a question about whether or not the case is financially viable. Medical malpractice cases are damages driven and unless this leaves you with a permanent problem the case may not have enough of financial upside for an attorney to prosecute it. This is a judgment call, and different attorneys have different standards for whether or not they want to get involved in a case.