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My wife recieved a shot in her left arm last june to clear

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up a rash. After a...
My wife recieved a shot in her left arm last june to clear up a rash. After a couple months a dimple formed and then another couple months after that a large depression formed. The orignal DR told us to go to a plastic surgeon to get it reparied. The plastic would not see her due to there was no diagnosis. We decided to not return to the origanl Dr and sought out another DR. We were then told to get an emg and an mri to see what was the issue. Both came back showing damage to the muscle and surrounding tissue. We were told it was more then likely due to the shot recieved in her arm being given in the wrong area. We were then told they did not know what to do from here. We are wanting legal advice as to wether the shot was given incorrectly and caused this damage to occour. Second we want to know if that is the case should we have to pay for all the tests and any repair surgery that might be needed.
Submitted: 6 years ago.Category: Personal Injury Law
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Answered in 6 minutes by:
3/21/2011
Personal Injury Lawyer: Attorney & Mediator, Attorney replied 6 years ago
Attorney & Mediator
Category: Personal Injury Law
Satisfied Customers: 20,012
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1) We are wanting legal advice as to whether the shot was given incorrectly and caused this damage to occur.

This is not a question a lawyer can answer. Whether the shot was given incorrectly or whether it caused the damages is a question for a medical expert. In personal injury cases, a medical expert will be necessary to serve as your key witness. A lawyer cannot make that conclusion without review of the evidence.

2) Second we want to know if that is the case should we have to pay for all the tests and any repair surgery that might be needed.

Assuming your medical expert finds negligence in your wife's procedure, you would have the right to demand that the costs and tests associated with your wife's injuries be paid by the first doctor. In such personal injury cases, the negligent doctor would be responsible for all costs associated in fixing the problems caused to your wife.





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Customer reply replied 6 years ago
So where do we go from this point. Where do I find a medical expert?
Personal Injury Lawyer: Attorney & Mediator, Attorney replied 6 years ago
So where do we go from this point. Where do I find a medical expert?

Thank you for your reply.

A medical expert is usually obtained by the lawyer. I would suggest getting a second opinion from another doctor. We know the last doctor agreed there was a problem, so we need another doctor to conclude the same. You then take that information to the lawyer and the lawyer can see if they are both good enough to be used as medical experts or the lawyer can use their list of experts for a third opinion. Hope this makes sense. Medical experts are expensive, so I suggest you get the second opinion first, then proceed from there.



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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 6 years ago
We have tried to get a local law firm, Keller and Keller, to help us but they chose not to take the case. At this point do we need a lawyer first to take the case or should we take the chance of paying more money for another Dr on our own.
Personal Injury Lawyer: Attorney & Mediator, Attorney replied 6 years ago
Without reviewing everything you have it would be difficult to say if you need a lawyer now. I would suggest getting another medical opinion on your own. It can be possible that if both doctors agree you can attempt to negotiate on your own with the first doctor before electing to sue.










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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 6 years ago

We have seen a second family practitioner and a seperate orthopedist. Shouldn't that be enough to establish an expert opinion between those two without having to see yet another Dr? It just seems like the costs are growing as well as our frustrations and my wife is still walking around with a messed up arm and we cant seem to get a lawyer to help us, or even tell us if we have a case.

Personal Injury Lawyer: Attorney & Mediator, Attorney replied 6 years ago
An expert is someone who is dedicated in that area of medicine and has done a similar procedure multiple times. I would question whether the family practitioner is a good expert since family medicine does typically mean practice in one general area. The Ortho would be good.

I am assuming the reasons why no lawyer is willing to help are because the amount of "damages" (in other words, amount of money you would win) is not much. Personally injury attorneys look for high dollar amounts. Without reviewing anything else than what you have written here I can only assume your monetary covering will not be great. This does not mean you don't have a case, but rather one that is not of interest to many lawyers. You may wish to consider suing on your own. You are entitled to costs of the procedure, costs and time of going to court, pain and suffering and costs to repair and rehabilitate.








_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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Customer reply replied 6 years ago
Who would we contact if we were to go at this alone? Do you start with a complaint about the Dr and with whom would that complaint go to. Thank you for all your information it has been very helpful.
Personal Injury Lawyer: Attorney & Mediator, Attorney replied 6 years ago
If you elect to sue on your own, there is no one to contact. Depending on the county you live in, the court there may have "self-help" centers where they can guide you (without providing legal advice) as to the paperwork you would need. You local law library and local bookstore may also have the "small claims books" which contain all the forms and such. Before suing, present your evidence to the doctor and see if you can negotiate something. If all that fails then consider suing. Hope this helps.



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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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