Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Medical Malpractice Questions & Answers
3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

I'm sorry for your ordeal. It's possible you do, but most attorneys would first want to thoroughly review the file and obtain a medical opinion from health care professionals with expertise in diabetic ketoacidosis. A first step toward answering the question could be to reach out to law... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Tim Akpinar
Tim Akpinar
answered on May 8, 2025

Addendum - One additional consideration, depending on whether the parties/entities/facilities are public or private. If public, that would mean it is better to move sooner than later in seeking a consult, due to notice of claim elements that impose stricter time deadlines (90 days generally, as... View More

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my doctor for retroactively adding false notes after a wrongful prescription led to hospitalization?

I have documentation showing my doctor retroactively added a false note to my medical record claiming I refused advice, after wrongfully prescribing a steroid that led to my hospitalization for DKA in less than 1 month. I attempted to address this issue with the patient representative, but they did... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 9, 2025

Sorry to hear what happened to you. In any malpractice action, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Given the time and expense of malpractice actions, they usually only make sense if there's been a serious, permanent injury. A... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Can I sue hospitals for misdiagnosing my daughter's gallbladder issue in Oregon?

Can I sue two hospitals for failing to properly diagnose my daughter's condition, which resulted in increased pain and risk of death? I first took her to Dallas Hospital and Silverton Hospital between May 3rd and 5th. Dallas Hospital performed an ultrasound and EKG but did not read them... View More

Brad  Holbrook
Brad Holbrook pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2025

First, let me say that I am sorry that you had to deal with this, as having a child in need of urgent, potentially life saving care is devasting. I hope she is doing well now and you are in a good place emotionally over it. Second, it is important to keep in mind mistakes happen often at a... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Washington on
Q: Can Kaiser be liable for health issues due to forced medication change?

I need guidance regarding my husband's situation with Kaiser Permanente. Over a year ago, he was moved from Humira to Amjivera, despite our objections, which led to severe health problems. He is in managed care and cannot go outside Kaiser's network. We have documentation showing our... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2025

A Washington attorney could advise best, but your question remains open for a week. I'm sorry for your family's ordeal. From a textbook standpoint, it's possible you could, if you could demonstrate that the decision was a departure from a requisite standard of medical care. But from... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be sued for malpractice due to rushed procedure from scheduling error?

I would like to know if I can sue a medical group for malpractice due to a procedure being rushed because of a scheduling error. The improper scheduling caused anxiety and resulted in less pliable muscles during the procedure, increasing the risk of a negative outcome, which did occur. The medical... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 7, 2025

Sorry to hear what happened to you. In any malpractice action, you need to demonstrate 1) a departure from the standard of care; and 2) harm resulting from the departure. Moreover, where a physician has exercised professional judgment by selecting one of several acceptable courses of treatment... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for Texas on
Q: Can I sue a dental practice for braces leading to jaw misalignment, pain, and facial disfigurement?

I got braces at the age of 14, which were on for two years. Initially, I felt something was wrong, but it became apparent about a year in that my bite was misaligned, my jaw grew lopsided, and my facial bone structure shifted. This has resulted in significant neck, shoulder, and back pain, as well... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

The statute of limitations for a health care liability claim is two years. You, or your parents if you are still a minor, can file a lawsuit against the dentist as long as not more than two years have passed from the date of the dentist's negligent act or omission. It sounds like you became... View More

3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

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

Dan Rowan Cortright
Dan Rowan Cortright
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

View More Answers

3 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for California on
Q: Is there a case for medical malpractice due to medication prescribed despite liver disease warning?

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

Joel Gary Selik
Joel Gary Selik
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

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Seeking advice on pursuing compensation for misdiagnosis of schizophrenia by doctors in Binghamton, NY, and the resulting impacts on my son's life.

My son's primary care physician in Binghamton, NY, initially diagnosed him with OCD. The second doctor, a psychiatrist, changed the diagnosis to schizophrenia, but we believe his symptoms align more closely with OCD. Despite our concerns, subsequent psychiatrists maintained the schizophrenia... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 5, 2025

Sorry to hear what your son has gone through. In any malpractice action, you need to demonstrate that there has been 1) a departure from the accepted standard of care; and 2) harm caused by the departure. Where a physician has exercised professional judgment by selecting one of several acceptable... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a viable issue with the hospital regarding untreated pseudomonas aeruginosa infection?

I went to the hospital with a severe staph infection and was later diagnosed by another doctor with pseudomonas aeruginosa, which I understand is a common hospital-acquired infection. Despite assurances from the hospital that my condition was improving, I've struggled with this infection for... View More

Charles M.  Baron
Charles M. Baron
answered on May 2, 2025

Sorry to hear about your ordeal. Your issue can be addressed only by you calling a law office to schedule a consultation, and if the lawyer, upon review, determines that there may be potential claim, he/she will need to have a physician review the matter. One of the issues coming into play with... View More

5 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is it malpractice if a surgery differed from my signed consent, resulting in a permanent condition?

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

Joel Gary Selik
Joel Gary Selik
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

View More Answers

5 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Is it malpractice if a surgery differed from my signed consent, resulting in a permanent condition?

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

John Michael Frick
John Michael Frick
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

View More Answers

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: What actions should I take after stepping on a dirty needle in a hospital?

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

Eliza Jasinska
Eliza Jasinska
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

View More Answers

1 Answer | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Texas on
Q: Can MMI be retroactive before doctor visit and address treatment denial?

I underwent a cervical spine fusion surgery covering 3 levels. In July 2024, the surgeon said I needed surgery, and subsequently, I received an MMI rating. However, this rating was retroactively dated to December 2023, even though I had not met the doctor until July 2024. This led to the denial of... View More

John Michael Frick
John Michael Frick
answered on May 1, 2025

Yes, MMI can be, and often is, prior to the date of a doctor's visit. The doctor usually determines MMI from a review of your medical records. Obviously, the statutory date of MMI is the last possible date. For example, a doctor in July 2024 could determine from both a review of your... View More

1 Answer | Asked in Medical Malpractice, Health Care Law, Public Benefits and Personal Injury for New York on
Q: Potential malpractice at MSK with Prednisone-induced complications in cancer patient.

I believe there is a potential medical malpractice case involving my elderly, disabled relative who is a cancer patient and was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. At age 78, she is diabetic and on Medicare and Medicaid. Her GI oncologist prescribed a... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2025

I'm sorry to hear about what your relative has endured. Her situation raises serious concerns that warrant a close legal and medical review. In New York, a valid medical malpractice claim requires showing that a healthcare provider deviated from accepted medical standards and that the... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Options for error in breast cancer lumpectomy removing fatty tissue instead of lymph node

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

Eliza Jasinska
Eliza Jasinska
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

View More Answers

4 Answers | Asked in Personal Injury and Medical Malpractice for California on
Q: I want to know if I have a case for my fathers death due to negligence from a hospital

My father was seen at the ER, dialysis center and ICU but his concerns and his care was neglected

Joel Gary Selik
Joel Gary Selik
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

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Texas on
Q: Suffered facial fractures after donating plasma; allowed despite failing vital checks and felt dizzy; fell and injured face.

I suffered three facial fractures after donating plasma at CLS Plasma. Despite failing the preliminary vital signs check, I was allowed to donate and was not prevented from leaving the donation booth when I felt dizzy, sweaty, and overheated. I passed out about 15 ft from my booth, resulting in... View More

John Michael Frick
John Michael Frick
answered on Apr 28, 2025

It is conceivable that you may have a valid health care liability claim. The advisability of pursuing such a claim depends heavily on the amount of your actual damages. You should anticipate that it will be necessary to hire a medical expert at the beginning of your case to prepare and submit a... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Can I seek compensation for emotional distress due to hospital security failure with dangerous items?

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

Joel Gary Selik
Joel Gary Selik
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

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.