Consumer Protection Law

Consumer protection law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

1. For about the past 5 years calcium deposits showed up for…

1. For about the past...
1. For about the past 5 years calcium deposits showed up for the initial mammogram of the left breast. (Page 3, ¶1)
2. In 2016, a biopsy was scheduled on the left breast, but the doctor at the Women’s Imaging Center said that the calcium deposits were vascular, and that there would be a blood bath if she conducted it. Therefore, the biopsy was cancelled. (Page 3, ¶3-¶6)
3. In 2017, the radiologist who examined the magnified image of my left breast recommended a biopsy, stating that the calcium deposits were not vascular. (Page 3-4, ¶7-¶12)
4. After the biopsy in 2017, a hematoma the size of a baseball developed from the biopsy, and had to be surgically removed three days after the procedure. (Page 4-7, ¶13-¶37)
5. After the surgery to remove the hematoma, it was determined that no calcium deposits were removed to determine whether they were precancerous or not. (Page 7, ¶38)
Show More
Show Less
Ask Your Own Consumer Protection Law Question
Answered in 11 minutes by:
2/14/2018
commissure
Category: Consumer Protection Law
Satisfied Customers: 49,776
Verified

This is Dr. David. I am reviewing your question now and will be with you momentarily.

Ask Your Own Consumer Protection Law Question

I am sorry about this situation. how old are you?

what medical questions do you have for me?

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
Hi David, sorry I'm getting back to you now. I had a meeting I had to attend. I'm 55 years old, I can send you an attachment with details. I am asking if I have any recourse against the hospital, since the year before the radiologist said that the calcium deposits were vascular, and I think they were. Also, I had to have surgery to have the hematoma that developed as a result of the biopsy removed surgically. I am attaching a word document so that you have all of the facts you need to assist me.

you do have recourse. but you have to discuss this with medical malpractice lawyer to review your case. we are doctors here to help answer medical questions.

I am sorry you had a biopsy when you didn't need one.

it sounds like the woman's imaging center was correct in these calculations where vascular and didn't need to be biopsied.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
When I try to talk to a lawyer, they won't take the case, do you have someone you can refer me to?
Customer reply replied 4 months ago
I was sent to you by JustAnswer. Will I be redirected by JustAnswer?

we have a legal department at justAnswers. we are doctors here at JustAnswers. if you want to talk to a lawyer here at JustAnswers. we can redirect the question to legal.

Ask Your Own Consumer Protection Law Question
Customer reply replied 4 months ago
I'd like that. Thank you.
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,384
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified

I am sorry to hear this; are you looking for information regarding medical malpractice?If so since this varies by state please indicate what state you are in. Thank you.

Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
I'm so sorry. I didn't see this message until now. I guess that is what it is, since the procedure was conducted when it probably shouldn't have been done, and I am still in pain and I have a seranoma from it. Thank you.

I am very sorry;

Medical malpractice is based on the common law doctrine of negligence. The plaintiff must prove the following elements:

1) That a duty or specific standard of care was owed (generally so for a physician)
(2) That the duty or standard of care was breached in some manner by the physician
(3) The breach caused damages to the patient (i.e. additional physical injury)
(4) The patient suffered as a result of such negligence.

Generally the plaintiff is entitled to additional medical costs reasonably foreseeable and proximately caused by the negligence; pain and suffering, diminished quality of life, punitive damages if the court determines appropriate.

Many attorneys will take this on contingency - please see:

https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html

If you provide the state I can let you know the relevant statute of limitations as well.

Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
Thank you, ***** ***** is Florida, and one of the lawyers there said that the statute of limitations is 2 years. Even though I have been going for a mammogram at Baptist for 5 years, the incident that caused me pain took place January of this year. I believe that the doctor that looked at the film last year was correct in that the calcium deposits were vascular. Therefore, she didn't perform the procedure. Plus, after the procedure, the doctor who performed the procedure didn't even get the calcium deposits to determine if they were cancerous or not. I had to have surgery to remove the hematoma, and now I have a seranoma, and have been on pain meds ever since. I still have a lump in my breast, which I didn't have before. I don't think a lawyer in Pensacola will touch my case and go against Baptist Hospital. My general physician has referred me to a specialist in Atlanta. The calcium deposits are still there, without being tested, and do remove them, I have to have surgery again on my breast. I'm thinking about contacting a lawyer in Atlanta. Please advise. Thank you.

Yes, that 2 year limitation period is correct; please see:

https://www.floridabar.org/news/tfb-journal/?durl=%2Fdivcom%2Fjn%2Fjnjournal01.nsf%2FAuthor%2FF7BC2200718A2A2685256D550074A2C3

It is best to hire an attorney in FL because if that is where the malpractice occurred that state will have jurisdiction. An ATL attorney may be dual licensed and may be able to represent in FL as well but one should verify before the consultation.

I certainly do hope your surgeon is able to help you and am sorry you are having to deal with this. s

Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
Is there any other advice you can give me in terms of what steps I need to do next? Or, do you think I just don't have any recourse? I would like to know.

I would urge you to contact an attorney so they can review the case; a medical malpractice/personal injury attorney typically has a network of doctors that can review one's medical file and determine the viability of a claim based on negligence.

I am sorry you are having to deal with this, as litigation is so stressful and having to deal with this in addition would be difficult.

It is possible the lawyer will send a demand letter and the doctor's insurance company decides to settle if there is indication of negligence.

Ask Your Own Consumer Protection Law Question
Customer reply replied 3 months ago
Awesome, will do. Thank you so much. Darlene

You are most welcome; the best to you on this.

LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,384
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator
Verified
LegalGems and 87 other Consumer Protection Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
Thank you.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a consumer protection lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,384
13,384 Satisfied Customers
Experience: Research Attorney; Private Practice; Attorney Mentor; Mediator

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate 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:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

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

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Lawyer

7,089 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

3,436 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Barrister

Barrister

Lawyer

1,671 satisfied customers

Attorney,17 years experience in consumer protection areas

P. Simmons

P. Simmons

Lawyer

1,222 satisfied customers

16+ yrs. of legal experience.

LADY LAWYER

LADY LAWYER

Lawyer

748 satisfied customers

Consumer Lawyer

RGMacEsq

RGMacEsq

Lawyer

604 satisfied customers

Licensed Texas General Practice Attorney

John

John

Lawyer

516 satisfied customers

Licensed and practicing attorney experienced in consumer protection law.

< Previous | Next >

Related Consumer Protection Law Questions
Do I need to serve filed copies of the CM-110 documents? Do
Do I need to serve filed copies of the CM-110 documents?Do I serve them and then file the proof of service with the court?Can I have someone serve them by fax?Do I need to have them served on both the… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I found a deal online on the sears website. Its said a
I found a deal online on the sears website. Its said a Kitchen appliance suite and pictured 3 appliances. When I put it in my cart I found that only one item is showing up. What are my rights for gett… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,873 satisfied customers
A bank is not closing an account and they do not want to put
a bank is not closing an account and they do not want to put in writing either that they have closed or nor the account. what are my resources, legally speaking? thanks… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,055 satisfied customers
My husband and i took in a homeless family. helped them get
Second opinion] my husband and i took in a homeless family. helped them get assistance. never took any money from them. gave them til sunday 6/24/2018 to find a place or go to a hotel . they have been… read more
LegalGems
LegalGems
Lawyer
13,384 satisfied customers
I have money invested in Rurik Investments and I'm told that
I have money invested in Rurik Investments and I'm told that I would have to pay $7500 to withdraw my funds. It seems like a scam to me. … read more
DamienJD
DamienJD
Attorney
Doctoral Degree
4,832 satisfied customers
Harassing phone call. someone called with caller id of "tech
harassing phone call. someone called with caller id of "tech support" and he proceeded to say my computer sentt him an email about a problem. i told him i had a program already in place. don't bother … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Am I liable for a kitchen remodeling contract? I have
Am I liable for a kitchen remodeling contract? I have cancelled the job and have hired other contractors. They did not answer my questions, would not itemize for me what the charges were for after rep… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,207 satisfied customers
I live in the NY city metropolitan area and have been
I live in the NY city metropolitan area and have been scammed by a tech support company also located in New York city who sold me a 3 year subscription to Office 365 with tech support. They lied to me… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,089 satisfied customers
Trinity Financial Solutions Group, main office in Vero Beach
Trinity Financial Solutions Group, main office in Vero Beach Florida & one branch in Denver Colorado, They present themselves as a tax resolution service. Are they a legitimate business? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have a contract for mac computer support from Ouze Global
I have a contract for mac computer support from Ouze Global Services. I've paid for "life time" computer support, computer tuneups/cleanups and antivirus security service. Had a check-in call yesterda… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am being sent t0 collection for cancelling a 24 month
I am being sent t0 collection for cancelling a 24 month internet contract. The service was terrible. I cancelled after 1 month. … read more
LegalGems
LegalGems
Lawyer
13,384 satisfied customers
I invested in a real estate scam, without knowing it at the
I invested in a real estate scam, without knowing it at the time. It went under and was proven to be a scam. How can I get my $19,000.00 back? … read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 satisfied customers
I got a message from USPS regarding a person I don't know
I got a message from USPS regarding a person I don't know has applied for a change of address to my home address. I have owned and lived here since 1972. The instructions were to call 1-800-ASK-USPS. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
My prescription records for Narcotic from a pain Management
My prescription records for Narcotic from a pain Management doctor were mixed up with my sisters records recorded by the state report. This gave her Pain management doctor false positive reporting whi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,873 satisfied customers
Can anyone give us some info on this Oath New Privacy and
Hello, can anyone give us some info on this Oath New Privacy and Terms this appears to be one sided and the consumers have no say so?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Where can I find me a lawyer to write me a letter? I was
where can I find me a lawyer to write me a letter? I was talking with an info layer and was giving 2 sites and then our chatbox vanished… read more
LegalGems
LegalGems
Lawyer
13,384 satisfied customers
I need advise from a lawyer who's thoroughly familiar with
I need advise from a lawyer who's thoroughly familiar with Washington State civil law, who can advise me on my options for how to collect on a judgment granted for an improper towing. I contested the … read more
LegalGems
LegalGems
Lawyer
13,384 satisfied customers
What is the best way to file a claim using travel insurance
What is the best way to file a claim using travel insurance if missed International flight due to a combination of airport shuttle/taxi breakdown, long delays in securing alternative transportation to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x