How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Personal Injury Law question
Type Your Personal Injury Law Question Here...
characters left:
8 Personal Injury Lawyers are Online Now

Questions about Medical Negligence

What is medical negligence?

Medical negligence is negligence committed by a doctor, nurse, technician, or other medical staff whose performance of duty deviates the prescribed standard of practice of those with similar training and experience resulting in unwarranted injury or complication to a patient. Medical negligence usually covers a wide range of areas such as wrong diagnosis, failure to diagnose, errors during surgery, absence of follow-up tests or treatment, acquired infections or failure to monitor vital signs. In order for you to have a sound case of medical negligence or malpractice, the following four fundamentals should be present:
  • Duty
  • Medical negligence
  • Patient injury
  • Causation

In West Virginia, a person with chronic renal failure on dialysis died due to complication of a staph infection. Could this be due to medical negligence?

You could claim medical negligence against the medical facility that treated the patient. You would need to prove that the standard of care was below the required norm and led to complications and eventually death. Standard of care is defined as the care that should have been provided by any reasonable, qualified doctor under similar circumstances. If the person had received proper quality treatment this outcome could have been avoided. In order to determine whether the standard of care was violated, you will need to consult with another medical practitioner who will check the medical records to ascertain whether the treatment went below accepted standard/norm. Under the section W. Va. Code Sec. 55-2-12, as per the statute of limitations, you have a two year time period within which you can sue for malpractice.

I faced bad side effects from anti-depressant pills which were prescribed by my psychologist and psychiatrist. Who can I sue, the doctor or the manufacturing company of the drugs?

The decision on whom to sue depends whether the doctor who prescribed the drugs knew the problems it was causing but did not take any action to correct the situation or failed to correctly diagnose the problem itself. In such a scenario, you could possibly sue the doctor for medical negligence. The only way the manufacturing company could be sued is if they have been negligent in providing fair warnings on the drugs to inform the consumer of the dangerous side effects. Usually medications undergo rigorous testing before they are sold in the market and in most cases the warnings are conspicuously displayed.

I was admitted in the emergency room for a condition and later discharged. After a few days and tests, I was re-admitted for observation but no treatment was administered. I have incurred high medical expenses due to this. Can I sue for medical negligence and recover my money?

In this case the doctor and hospital staff have been proactive in admitting you to the hospital to provide care for a disease they have discovered through your test results. In this case you have not faced any injury or harm due to lack of proper medical care and treatment. If anything, they have been overprotective. It is unlikely the money spent on this could be recovered by filing a case of medical negligence as there has been no negligence. In order to try and recover your money, you could possibly file a petition of “declaratory judgment” with the court.

I underwent a successful operation but returned to the hospital to address some minor complications. At this time the hospital staff fractured my neck vertebrae while trying to adjust the reclining chair I was seated on. Can I claim damages from the hospital?

Medical negligence occurs when a medical caregiver fails to exercise due care and diligence that an ordinarily prudent person would exercise in similar situations. The hospital staff should have been aware of the manner in which they operate the chair so the patient would not get hurt. You would need to prove—in legal terms—“causation” which means you must establish the fact that the fracture was a result of the sudden movement and not due to any other reason. If you are able to prove this injury then you can claim compensation for medical bills, pain, and suffering.

In most cases, the hospital will also make a record of such type of events in which they are glaringly at fault because they recognize their potential liability. Usually they are willing to negotiate a settlement which involves reducing the amount on the medical bills. But since you have suffered severe injuries, you could hire a lawyer to sue for more than just a reduction of medical expenses, suing as well for your entire expenses and damages for pain and suffering.

After entrusting yourself to a doctor in the hope of improved health, dealing with any medical negligence can be very frustrating. The law on medical negligence aims to assist victims of such problems to recover monetary damages and hopefully improve the health outcome as well. A legal expert may be able to help clarify any doubts you have about your rights with respect to medical negligence.
Ask a Personal Injury Law question
Type Your Personal Injury Law Question Here...
characters left:
8 Personal Injury Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21183
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21183
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18392
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8490
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3848
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3384
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3299
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Negligence Questions

  • in federal court, what would be legitimate state and federal

    in federal court, what would be legitimate state and federal claims against a manufacturer of a product that 1) markets its product on the internet for illegal use of its clients 2) continues their relationship with the clients after the sale and during the period of illegal use of their product 3) is actually instrumental to the client during the illegal use of that product and the product cannot be used if not for their infrastructure and use of their servers. The company claims no liability because it is "not responsible for its clients illegal use of its legal product?" And yet it advertises precisely for that purpose. Can you tell me any theories of liability I could claim? (for example negligence, etc)....thank you
  • Can a plaintiff file a civil tort without an attorney

    Can a plaintiff file a civil tort without an attorney

  • Dear Atty, I am writing due to my concern about a surgery

    Dear Atty,

    I am writing due to my concern about a surgery performed. I developed a lipoma growth on right shoulder/neck area after a slip injury trauma. The referring doctors said it would need to be removed, so I went to a dermatologist surgeon. The dermatologist concurred that it was a lipoma and said he should be able to remove it but if it looks too involved he would not attempt, stitch me back up and send me to a surgeon. Well, after the surgery the dermatologist surgeon said he has removed almost all of the lipoma and it was very little remaining under the muscle. One week later, after the dermatologist surgeon removed the stitches he then said well I told you I would do my best removing the lipoma but I only removed the lower part and that the upper part of the lipoma would need to be done by a general surgeon at the hospital. Now, I have to undergo being cut open again by a general surgeon. I took photos of the lipoma before the surgery and after the surgery and it look exactly the same. I feel that the dermatologist surgeon was errand and negligent to perform an in-office surgery that required a general surgeon to do within the hospital. The dermatologist conveniently well I got half of it in which he never mentioned getting half. I don’t know anyone that wants half of something done when you are opened up in surgery. It would’ve been best that the dermologist surgeon just referred it to a general surgeon in the first place so all of the lipoma could be removed. Now, I have to suffer being re-scarred and stitched. It is my opinion that the dermatologist initial examination would’ve determined whether he could perform the surgery or not in office. Therefore, I paid for the initial examination and surgery which the dermatologist was not capable of performing in office. Is the above mentioned malpractice and/or medical negligence?
< Last | Next >
Personal Injury Law Questions By Month: