Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More 
answered on May 13, 2025
If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More
I experienced a serious case of medical negligence at Memorial Medical Center in Modesto, CA, on January 23, 2025. I was 18 days postpartum and presented with symptoms indicating a secondary postpartum hemorrhage, including heavy bleeding and passing large blood clots. Despite the urgency, I waited... View More
answered on May 12, 2025
One issue that makes medical malpractice difficult to pursue, even where, as in your situation, it appears the doctors breached the standard of care (professional negligence), is the time and expense of these type of cases combined with the laws that protect doctors and their insurance companies.... View More
A week ago, I was forced to have a C-section because my doctors said my baby was breech, and I had no choice but to undergo the surgery. I was upset and expressed my desire to explore alternative options, but they insisted on the C-section. Despite signing a consent form, I was not informed of any... View More
answered on May 11, 2025
You have two potential grounds for a malpractice lawsuit.
First, cutting the cervix might be a breach of the standard of care. This needs to be confirmed by a medical expert.
Second, the failure to obtain informed consent can be a basis. An expert would need to analyze the... View More
My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More
answered on May 6, 2025
It certainly appears that you may have a valid medical malpractice case, which will be dependent on whether the provider's actions at urgent care fell below the standard of care for such medical providers. You only have a limited time to file a lawsuit for malpractice, so it is important to... View More
My wife passed away on December 7, 2024, due to liver disease. After visiting urgent care, she was prescribed oral prednisone and Tylenol, despite informing the doctor of her liver condition. She began experiencing severe fluid retention almost immediately, requiring multiple hospital visits for... View More
answered on May 6, 2025
You may have a case for malpractice and wrongful death.
The prescribing of medication in combination where is it contraindicated may be malpractice. What would be needed is a medical doctor expert to testify that prescribing those medications in combination, in this situation, was both... View More
I signed multiple times for a bilateral tubal ligation on form PM 330 and another general form. On the day of my surgery, three hours prior, I was asked to sign a consent form for a partial salpingectomy without being informed or explained about the change. The operation report states a bilateral... View More
answered on May 2, 2025
Yes this could warrant a malpractice case. While it is possible that a surgeon may be able to go beyond the consent if the need arises during surgery, this does not appear to be the case here. Further, there is a question as to the doctor's competence due to his health situation which may... View More
I signed multiple times for a bilateral tubal ligation on form PM 330 and another general form. On the day of my surgery, three hours prior, I was asked to sign a consent form for a partial salpingectomy without being informed or explained about the change. The operation report states a bilateral... View More
answered on May 5, 2025
A bilateral ampulla fimbriectomy is a specific type of bilateral tubal ligation. There are a few different commonly used procedures all of which fall under the more general description "tubal ligation." The expected outcome, risks, and results are the same. You should consult with a... View More
While hospitalized, I stepped on a dirty and bloody needle. I immediately reported the incident to the hospital staff and submitted a written report. I'm feeling mentally stressed about the situation. The hospital did not offer any tests or treatment, and when I requested blood work, they... View More
answered on May 1, 2025
After stepping on a dirty, bloody needle in a hospital, you should immediately seek medical care from another provider to get tested for HIV, hepatitis B/C, and other infections, and inquire about post-exposure prophylaxis (PEP). Document everything, including your written report, photos, and... View More
I underwent a breast cancer lumpectomy during which a lymph node was supposed to be removed. Despite having dye injected before surgery, fatty tissue was mistakenly extracted instead. There was no explanation provided for this error, and the medical team decided not to attempt another surgery to... View More
answered on Apr 29, 2025
You may have grounds for concern and potential legal action after a surgical error during your breast cancer lumpectomy, where fatty tissue was mistakenly removed instead of the targeted lymph node, despite dye mapping. Medically, you should seek a second opinion to assess whether the lymph node... View More
My father was seen at the ER, dialysis center and ICU but his concerns and his care was neglected
answered on Apr 29, 2025
Medical malpractice cases are fact specific.
In order to have a viable malpractice case, all of these elements are required. 1. Malpractice actions or inactions below the standard of care. 2. The malpractice caused harm and 3. The anticipated recovery must be sufficient to warrant the... View More
I experienced a traumatic incident in a hospital where a patient lit a match while connected to an oxygen tank. Although no physical injuries occurred, it caused severe fear for everyone's safety. The hospital's security normally checks patients for dangerous items, but they failed to do... View More
answered on Apr 28, 2025
While it may be a case it is not likely viable. In order to have a viable malpractice, all of these elements are required. 1. Malpractice actions or inactions below the standard of care. 2. The malpractice caused harm and 3. The anticipated recovery must be sufficient to warrant the expense of a... View More
I live in California. Last year, I experienced issues with my former psychiatrist regarding an unclear appointment arrangement. I expected a phone appointment, but when the psychiatrist didn't call, I contacted her office and was told that I had no upcoming appointments and that she... View More
answered on Apr 26, 2025
First, note, the deadline to sue doctors in California is one year.
As to a potential case, the first issue did the doctor act below the standard of care. In this situation it appears so, but would need to be confirmed by a medical specialist expert.
Additionally, for any case, but... View More
In May 2023, I underwent a breast lumpectomy to remove what was deemed a benign fibroadenoma after a biopsy. The surgeon and I agreed on the surgery for personal and medical reasons. Despite multiple post-surgery visits where I raised concerns about persistent pain and firmness, no follow-up or... View More
answered on Apr 24, 2025
The first issue is the one-year statute of limitations wherein you must file a lawsuit or you will be forever barred from compensation. Based on these facts you may be within that time period but you should immediately consult with an experienced malpractice attorney.
Depending on reasons... View More
I received two deltoid muscle injections as part of a treatment at a hospital 16 days ago, administered by a registered nurse. During the injections, my arm felt a burning sensation followed by soreness, and two days later, I developed sharp, shooting pain that continues in my right arm. These... View More
answered on Apr 24, 2025
At this point this is a medical issue, not legal. Get to medical specialists as soon as possible. Besides getting the diagnosis and treatment you made need, it will help in analysis if there is a potential malpractice case.
Do keep in mind the 1 year deadline to file a lawsuit for... View More
I experienced medical malpractice on April 2, 2024, resulting in compartment syndrome, rhabdomyolysis, surgery on my wrist, and a concussion. I've undergone two surgeries and physical therapy since then. I have already filed complaints with the California Department of Public Health and the... View More
answered on Apr 22, 2025
In California, a medical malpractice lawsuit must be filed within one year of your discovering the malpractice or within three years of when the malpractice occurred, whichever comes first. So if you knew of the malpractice on April 2, 2024, the 1 year statute of limitations has passed. But if you... View More
I am seeking legal assistance regarding a medical malpractice case involving my father's surgery. He was scheduled for back surgery, and prior to that, he underwent laser stomach surgery. After the surgeries, he experienced severe stomach pain and bloating. Despite our continuous reporting to... View More
answered on Apr 17, 2025
I'm very sorry to hear of your father's passing. It sounds like you may have a valid malpractice case, but as with all such cases its success will depend on the specific facts and timing. For medical malpractice cases, there is a 1-year Statute of Limitations, meaning you must file your... View More
On November 4, 2024, my 75-year-old uncle experienced a fall at a rest area that resulted in a brain injury. At the hospital, he mentioned he couldn’t remember if he hit his head, yet they only checked his left shoulder, elbow, and knee before sending him home. On March 28, 2025, he collapsed,... View More
answered on Apr 16, 2025
I'm sorry to hear of your uncle's injuries. With personal injury and malpractice cases, it's important to act swiftly as there are Statutes of Limitation that apply and may prevent a claim from being made if it is made too late. For medical malpractice in CA, the SOL is 1 year from... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More
answered on Apr 10, 2025
Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More
I went in for a planned outpatient laparoscopic cholecystectomy and awoke to find out that the surgeon had accidentally cut the common bile duct, putting me at risk for biliary sepsis. I was transferred to another hospital and underwent exploratory surgery to repair the bile duct injury. This... View More
answered on Apr 8, 2025
It sounds like you might have a case but in order to move forward you will need a surgeon on your side stating that medical malpractice occurred. The defense will also hire an expert to state that it wasn't medical malpractice. We call this a fight between experts. The cost to hire YOUR expert... View More
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