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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I have 3 different legal questions- 1st I hurt my baby toe

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I have 3 different legal questions- 1st I hurt my baby toe on my right foot, it was hurting so bad I went to see my family doctor, he told me I had good circulation to the toe and it was neuropathy call my neurologist. Which I did. He attempted to prescribe a new medication for pain but I could not afford it. so I went once again to see my family doctor, he stated the same thing. I called my neurologist again, this time he prescribe a cream for the pain. It did not help a lot so I call him again, this time I mention the toe was turning black. I was informed it was not neuropathy but circulation, to see my cardiologist as soon as possible. I had an appointment two days later. I showed him my toe, he informed me it gangrene and needed to cut off. He referred me to a podriarist, which did not work out. I have not had my toe cut off it has half rotted off. When I think about cutting off my toe, I have severe anxiety attacks. The circulation was returned to my legs on 27 April 2016 by having two stents put in place. I feel if my family doctor had referred me to the neurologist and cardiologist my toe might have been saved as the issue was circulation to my feet. Do I have a case against him for misdiagnosis and all the pain and suffering? I am angry and I have anxiety very time I think about it.
2 I worked as LPN on a med-surg floor. I felt for 2 years they were trying to find a reason to fire me. They haressed to the point of discrimation. They watch over me and critized what I did. I apparently didn't do it to their standards. I had been there since 1993. The staff I had hired in with had all retired or transferred to another position in hospital. I lacked only apparently 9 mos and I could have retired. The new staff did not talk to me or offer to help, they kept trying to find things I was doing wrong. In January 2013, I started having neurology symptoms and cardiology problems. I found out I had had an heart attack and stroke. I requested for help trying to get a medical retirement and an advanced on my pay. Neither was done. I found out in May when I called OPM to find out the retirement was going when I found out nothing was being done. I had no income and what little my spouse brought in we were trying to pay bills and pay deductible to see doctors to have paper work filled so I could apply for medical retirement. In October, A CPT. White and SSg Henderson called my house while I was at doctor office, they told my brother they were coming out to were I lived to get my ID card as I was terminated. One month to retirement. I feel nursing is a very stressful job and I love taking care of people but he last two years were so stressful, I believe the stress caused the heart attack and stroke. Tests showed These had occurred but not when. Is there any way with the discrimination they were putting me under cause my medical issues. I am no longer capable of working or driving. Is there any way I can sue for all medical problems they caused for me? I had not been released from doctor's care to return to work.
3 They were advertising on Tv about how the government had put aside money for vet who died of lung cancer/methesthomia. My Dad passed away in 1997. He was a Korean/Vietnam vet. He was exposed to absetos routinely. When I called they told me he did not qualify as he passed away in 1997. I watch My Dad suffer the horrible of death. Is there any way they could be made to pay. He meets the qualifications except he passed away in 1997.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.


This is Samuel. We can take one question per post. I can provide you information regarding the first question and then you will need to re post your other two questions separately in two other separate posts.

I am sorry to hear of your situation regarding your toe.

I suggest you should consider consulting with a local attorney about a possible mal practice or medical negligence lawsuit against your family doc. The local attorney would be able to secure your medical records and see exactly the steps your doctor took when first telling you to go see a neurologist. If the proper tests were not performed on you to show that indeed was not your circulation then you could have a basis for a lawsuit.

However, it is imperative that you consult with a local attorney on this issue sooner than later as to ensure your medical records from your family MD are preserved and not changed in anyway.

You could probably find a local attorney who would take your case on a contingency basis meaning that any settlement that is gotten for you, their fee would be an agreed upon percentage and there is no up front costs to you. I suggest you can use the Louisiana Bar Association for a legal referral service and request a Medical mal practice attorney to consult with. Here is the contact information for that.

If you have other questions regarding this medical malpractice, please post the follow ups here. In the meantime, you also will need to repost questions 2 and 3 separately in new posts because we can only take one issue per post.