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		<title>Legal Help - Malpractice Law</title>
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		<description>Legal issues relating to professional negligence, including medical malpractice, legal malpractice, nursing home neglect and negligence of other professionals.</description>
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			<title>Legal Help - Malpractice Law</title>
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		<item>
			<title>Legal Malpractice: Missed Tort Filings</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158603&amp;goto=newpost</link>
			<pubDate>Sat, 18 May 2013 19:12:09 GMT</pubDate>
			<description>My question involves civil rights in the State of: Indiana 
 
We hired an attorney who missed filing tort claims agains government entities, and now,...</description>
			<content:encoded><![CDATA[<div>My question involves civil rights in the State of: Indiana<br />
<br />
We hired an attorney who missed filing tort claims agains government entities, and now, we are told we have no case. Is there any way we can still sue the attorney and the others who (in our opinion) deliberately 'mishandled' this, and if so, how do we proceed? We have been 'up against' powerful people and need help. We have lost a home/house that was paid for, (sold to pay for the lawsuit). And hear nothing from the bar association concerning our request for the return of our forty-thousand dollars paid to this lawyer who claims to be broke, and is now retired. Can we go after the state? The bar? Need serious help, thank you. Steve</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>Steve101</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158603</guid>
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			<title>Nursing Home Injuries: Negligent Assisted Living Facility</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158556&amp;goto=newpost</link>
			<pubDate>Fri, 17 May 2013 17:27:21 GMT</pubDate>
			<description>My question involves medical malpractice in the state of: Florida 
 
My sister who is Mentally Ill, was living in an Assisted Living Facility,...</description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: Florida<br />
<br />
My sister who is Mentally Ill, was living in an Assisted Living Facility, somehow got a hold of her room mates medication, and took two bottles of pills. She was rushed to the hospital, and was in the ICU on a breathing machine in danger of losing her life. Do we have a case for negligence against the Assisted Living Facility?</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>Kris1487</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158556</guid>
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			<title>Other Professional Malpractice: School Prevents National Guardsman from Performing Duty</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158520&amp;goto=newpost</link>
			<pubDate>Thu, 16 May 2013 20:01:52 GMT</pubDate>
			<description><![CDATA[My question involves malpractice in the state of: Pennsylvania 
 
I don't know if this is the right section, I couldn't find anything closer. 
 
 
So...]]></description>
			<content:encoded><![CDATA[<div>My question involves malpractice in the state of: Pennsylvania<br />
<br />
I don't know if this is the right section, I couldn't find anything closer.<br />
<br />
<br />
So anyway, I am in the Army National guard. I was told by my commanding officer that we are 'on duty' 24/7 and we are also on call 24/7.<br />
<br />
It is the end of the school year, and two minutes before school started I was caught with my cellphone because I was adding a friends number. This is the first time since starting highschool that I was caught with my cellphone (I am a senor). My phone was confiscated and I wasn't allowed to have it back until the end of the following day. I told the principal that I needed the phone for the army national guard. I told the principal that it is illegal for the school or a civilian workplace to interfere with my government job and not allowing me to be contacted by my commanding officer was restricting my ability to function as a member of the army national guard. She told me that if there was a problem, I should get my commanding officer on the phone. I told her the number was on my cellphone, and couldn't be found anywhere else. She wouldn't even let me get essential numbers off of my phone!<br />
<br />
As a result, I called the police and had an officer sent down to the school. He arrived while I was in class, and the principle didn't tell me or let me talk to the officer. Apparently since my grandmother signed a contract for me (I am now 18 and can sign for myself, but at the time of the contract I was 17) stating that I would give up my phone if caught, I am not allowed to have it back even if it is essential for my government work. Then today I got a detention for calling the police on my principal.<br />
<br />
Can somebody please help me with the situation? Is there any specific law regarding schools interfering with a government job?</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>ncore</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158520</guid>
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		<item>
			<title>Medical Malpractice: Multiple Surgeries Needed to Repair Meniscus Tear</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158455&amp;goto=newpost</link>
			<pubDate>Wed, 15 May 2013 12:33:33 GMT</pubDate>
			<description>My question involves medical malpractice in the state of: Massachusetts.  
 
 
On January 24 I tore my acl and partial meniscus during a soccer game....</description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: Massachusetts. <br />
<br />
<br />
On January 24 I tore my acl and partial meniscus during a soccer game. The next day I went to the ER and had MRI and xrays done, and consequently had a follow up visit with an orthopedic surgeon the following day. At this visit the surgeon said the MRI revealed an ACL tear and a anterior meniscus tear. He wanted to &quot;prehab&quot; me before surgery. So I spent the next 6 weeks paying for physical therapy 3 times a week. I was operated on the 12th of March. I had a cadaver acl put in and he cleaned up my damaged meniscus. The day I went home from surgery I fell flat on my face and immediately called my surgeons office to see if I could have possibly done any damage. He assured me it was unlikely as I had a brace on. We had a post op check up the following day but i only saw his nurse. She said she would go see the doctor to see if he wanted to check my knee after I had fallen. She came back into the room and said he is confident you are fine. So like a fool, I went home and began my rigorous physical therapy routine. 3 times a week for 8 weeks at 50 dollars a visit. I was in excruciating pain at therapy, this causing my physical therapist to contact my surgeon in hopes of getting another MRI. I had a visit with the doctor for the first time since my surgery on May 3rd. He sent me for X-rays and an MRI. I then went to a follow up on May 5th for a review of these new MRIs. He said there was a definite lateral meniscal tear but the ACL felt fine and looked fine on the MRI. I was extremely disappointed I needed another surgery to repair my meniscus. This is insane I thought. He scheduled surgery for May 14th to go in and scope my meniscus. He claimed this was minimally invasive and nothing as serious as my original ACL surgery. After my scope, he came in to my recovery room to let me know the results. He wound up removing 50% of my acl that he put in back in March because it was frayed. We never even discussed this being an option. A week prior he told me my acl felt fine and looked fine on the MRI. How did he miss this? Now I have spent thousands of dollars rehabbing a knee that was injured from the beginning. I now need a THIRD surgery to repair the 50% of the acl which was removed. Is this normal?! Can someone please help. I am absolutely devastated. If he had reviewed my leg after my original fall from the first surgery couldn't all of this pain and suffering be avoided?!</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>Luckydog9</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158455</guid>
		</item>
		<item>
			<title><![CDATA[Medical Malpractice: Doctors Have Not Been Able to Accurately Diagnose Patient's Condition]]></title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158293&amp;goto=newpost</link>
			<pubDate>Sat, 11 May 2013 10:25:00 GMT</pubDate>
			<description><![CDATA[My question medical malpractice in the state of: PA 
 
My sister in her late 50's has had severe pain in her legs for over a year now, she cannot...]]></description>
			<content:encoded><![CDATA[<div>My question medical malpractice in the state of: PA<br />
<br />
My sister in her late 50's has had severe pain in her legs for over a year now, she cannot walk more than 50ft, cannot do her job anymore, has had every imaginable test done, this took over 9 mo. time, why it took that long for all of these tests is beyond me, if someone cannot walk why does it need to take 9 months for tests to be done?<br />
<br />
1st Dr. gave wrong dx, then its neuropathy,when she kept calling Neuro about pain, they want her to keep up-ing the dose of a drug called Dilantin which is for seizures which she does not have, Dilantin makes her sick, after 8 months they refer her to John Hopkins, took time to get appt for there, now she needs to use those motorized carts in the stores and more tests at JH<br />
<br />
She had to beg for pain med and was allowed 1 pill, a pill usually that a dentist would prescribe, after that was allowed 2 pills a day. The disease whatever it is has progressed.<br />
<br />
Pain is out of control now, now referred to pain clinic, not the local one as they are all filled up, we now have to drive far to another pain clinic, if you have lost a year of not being able to walk why is it taking this long? How severe does something need to be? Losing a year of your life not being able to walk, something is wrong here.<br />
<br />
I think these doctors are passing the buck and are afraid to rx pain meds.<br />
<br />
One Dr. told me Drs. are afraid to prescribe because the FDA or Health dept watches certain types of drugs being prescribed and now they send you to pain clinics. Ok, why the wait for her to go to a pain clinic? They didn't know what was wrong  but knew she had pain otherwise they would not have prescribed her 2 pill a day nonsense.<br />
<br />
She does not have the $ to sue and what if you do sue, do you need a correct diagnosis? What if we find out they overlooked something obvious?<br />
<br />
This is a GD shame, it seems to me all the doctors were concerned about was getting their $ for office visits and $ for the hospitals for all the tests.<br />
<br />
Is this how our health care system works now? Seems going Canada would be faster than this.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>countryside</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158293</guid>
		</item>
		<item>
			<title>Medical Malpractice: Doctor Overlooked a Tumor in CT Scan</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158139&amp;goto=newpost</link>
			<pubDate>Tue, 07 May 2013 14:42:07 GMT</pubDate>
			<description><![CDATA[My question involves medical malpractice in the state of: Washington 
I had been having sinus infections over a long period of time "reacurring" I...]]></description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: Washington<br />
I had been having sinus infections over a long period of time &quot;reacurring&quot; I had a Catscan done on my sinuses in 2006and nothing abnormal was reported to me at the time. The Dr #1. put me on antibiotics everytime I had a problem plus I started getting allergy shots for my Hayfever which really helped and I took those for quite a few years. In late november 2012 I had a sinus infection that wouldn't go away. I couldn't get into see Dr. #1 so I tried the office next door they share the same building and it appears the same access to records. When I came in to see the new Dr.#2 they  had my records from the first Dr. and after we talked Dr. #2 wanted me to get another catscan which I told her had already been done in 2006 time frame. Dr. #2 was still requesting the scan. so I agreed. later that week I called up and canceled the scan and Dr. #2 again requested the scan, so I came in went through the procedure. When Dr. #2 reviewed it and I noticed the Dr.#2 skipped a lot of sections in the front area of the sinus cavity and went all the way to the rear which showed a dark area. this dark area later was determined to be a prolactinoma on my pituitary gland large enough to wear through the boney structure and protrude into my sinus cavity.  Dr. #2 said it was visible on the earlier scan done in 2006. My question is why wasn't this caught in 2006 when I had the scan. currently Iam taking medication for this, which has lowered my prolactin levels and a new mri shows the size going done. but my testosterone levels are not going back up which at this point based on an earlier coversation with my endrocronologist would mean a damaged pituitary gland. Do I have any recourse with Dr. # 1 not finding or informing me of this tumor.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>jacaj48</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158139</guid>
		</item>
		<item>
			<title>Medical Malpractice: Failure to Treat My Mother for Heart Problems</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158067&amp;goto=newpost</link>
			<pubDate>Sun, 05 May 2013 17:57:34 GMT</pubDate>
			<description>My question involves medical malpractice in the state of: California 
 
Hello, 
 
I wondered if you could kindly help me as to whether my mother...</description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: California<br />
<br />
Hello,<br />
<br />
I wondered if you could kindly help me as to whether my mother would have a medical malpractice case.<br />
<br />
My mother is 88 years old and has esophageal cancer.<br />
<br />
When she was diagnosed over 2 years ago, she was told that the cancer had spread to multiple lymph nodes outside of the esophagus and that it was not curable.<br />
<br />
She had been receiving chemotherapy for over 2 years now at a very large hospital and medical center.<br />
<br />
Her heart was fine up to the last three chemo sessions.  However, the last three chemotherapy sessions caused her to suffer heart problems.  <br />
<br />
More specifically, two of the last chemotherapy sessions caused atrial fibrillation (her heart started beating at a very fast pace of about 120 to 130 beats per minute).  <br />
<br />
She went to the emergency room and hospital – the same hospital where she has been receiving chemotherapy - twice and stayed overnight each time until her heart rate was brought under control.<br />
<br />
After the latest chemotherapy session, I rushed her to the same hospital for the third time.<br />
<br />
This time, the hospital found that she had very low white blood cells and that she had a colon infection and fever (as well as atrial fibrillation) all as a result of the chemotherapy.  They gave her various antibiotics for the colon infection and shots to boost her white blood cells.  She was scheduled to leave the hospital in about 9 days.<br />
<br />
During her hospital stay, however, her heart developed a new problem.  Her heart rate would suddenly drop to 30…20…10…5…0 beats per minute…In other words, her heart would pause for about 4 seconds or so.  Despite these pauses which happened a number of times each day, my mother was not experiencing any symptoms.  <br />
<br />
To manage this problem, the hospital staff kept her heart rate high – in the 120s or so – which means they made sure my mother was experiencing atrial fibrillation which itself is not good.<br />
<br />
However, the hospital staff said it was much less dangerous to have the high heart rate rather than the low heart rate which causes pauses since the pauses could actually cause her to pass away.<br />
<br />
They kept my mother’s heart beating at a very high rate by continuously giving her a number of drugs intravenously. <br />
<br />
The hospital staff said that they would eventually discharge my mother – once the colon infection and low white blood cells were okay - and send her to a Skilled Nursing Facility since the heart pauses were not causing her any symptoms.  <br />
<br />
They said that if the pauses caused any symptoms, then a pacemaker would eventually be required.<br />
<br />
On the 9th day, which happened to be a Friday, just as my mother was about to be discharged to go to the Skilled Nursing Facility, her heart paused for over 7 seconds (instead of 4 seconds).  This time, she experienced dizziness, lightheadedness, and lost consciousness.  <br />
<br />
Her body reacted the way I would imagine someone would react if they are having a seizure.  Her whole body was shaking, her eyes closed, she would cry out “oh…oh…oh…,” her head would shake up and down for over 7 seconds and she would lose consciousness and feel disoriented for a while when she regained consciousness.  It was scary to see.<br />
<br />
Despite this, the hospital staff were eagerly trying to discharge her since the low white blood cell problem and colon infection – the problems for which she had initially been hospitalized - had been cured.  <br />
<br />
Although they told me that only a pacemaker could cure her problem, they did not want to put in a pacemaker.<br />
<br />
They claimed that they had spoken to my mother’s oncologist over the phone the previous day and the oncologist had mentioned that my mother only had six more months to live.  Apparently, the oncologist had told the cardiologists that my mother cancer had spread to her lungs.  <br />
<br />
However, the oncologist never told us this.<br />
<br />
The over 7 second pauses occurred on a Friday at around 12 p.m.  Between 12 p.m. and 3 p.m., while my mother was going though these over 7 second pauses and experiencing these terrible seizure-like symptoms, all the cardiologists gathered around me.  They did not seem the least bit concerned about what she was going through and were very nonchalant and indeed a few of them were laughing about the situation.<br />
<br />
The cardiologists mentioned that implanting a pacemaker would only prolong my mother’s suffering since she had terminal cancer, that pacemakers often do not work well and that my mother would experience severe heart pain even if a pacemaker was implanted.  They described the pain that the pacemaker would cause to her heart to be similar to the pain one would experience if a horse were to kick your heart.  They claimed that they had implanted a pacemaker in one patient who was in his 30s and that he was suffering great pain due to the pacemaker.<br />
<br />
In any event, since I insisted that I would not allow my mother to leave the hospital until she stopped having these terrible symptoms and since it appeared from the numerous pauses that she was experiencing during the time the cardiologists were having these discussions with me that she might pass away, the cardiologists transferred my mother to the cardiology section, which is located in a different section on the same floor of the same hospital.<br />
<br />
From around 12 p.m. and 1 p.m. on Friday, the Cardiology team gave my mother a number of electric shocks and other treatment to revive her and to prevent her from continuing to experience these terrible pauses.  They mentioned that she needed a pacemaker but they added that since she had only 6 months to live, it was not worthwhile to implant a pacemaker.  <br />
<br />
After my mother received the electric shocks and stopped having pauses, the cardiologists mentioned that the electrophysiology team (the doctors responsible for implanting pacemakers) would come by later to talk to me about the pacemaker issue.<br />
<br />
The electrophysiology team came by at around 3 p.m. on the same day, Friday, and said that they can’t put in a pacemaker since her oncologist had said she only has 6 months to live.  <br />
<br />
They mentioned that Medicare would not pay for a pacemaker unless the patient was expected to live at least a year.  <br />
<br />
They said they would keep my mother at the hospital over the weekend, and give her medications to increase her heart rate, control the rhythms, and restart the heart every time she had long pauses.  Once her heart rate was back to “normal” – whatever that means – they would discharge her.<br />
<br />
Later that day (Friday) at around 5 p.m., I was able to speak to my mother’s oncologist over the telephone.  (The oncologist works for the same hospital and medical center).<br />
<br />
The oncologist told me over the phone that the cancer had NOT spread to my mother’s lungs.  <br />
<br />
However, he claimed that the cancer was causing stress to her heart and lungs.  The oncologist also said that he didn’t want to do anymore chemo due to the fact that the chemo damages her heart so he thinks she won’t live long if she can’t be given anymore chemo although he did not mention how long he thought she would live.<br />
<br />
My mother stayed at the hospital all night Friday and Saturday while they gave her various drugs intravenously most of which was designed to keep her heart at a very high rate (120s or so) in order to prevent pauses.  <br />
<br />
However, every time the drugs would wear off and my mother’s heart rate returned to a normal rate (70s or so), her heart would eventually drop to a lower rate and pause for over 7 seconds.  I witnessed her having many pauses Friday night and Saturday, and the pauses were are all long ones that caused her head and body to shake and respond in the way I imagine someone would respond when they are being electrocuted.  <br />
<br />
The hospital staff told me that there was nothing that they could do and that she would continue to experience pauses while she continued to receive the drugs that would eventually help her heart return to “normal.”<br />
<br />
A major part of the hospital’s strategy was to keep my mother’s heart beating at an atrial fibrillation rate (120s or so) which is safer than pauses.<br />
<br />
However, the hospital staff admitted that if my mother’s heart continued to beat at a very fast pace over a month or so, the high heart rate would damage her heart muscles.  <br />
<br />
My mother remained in the hospital on Friday afternoon – when the heart problem started - and received various drugs intravenously all day Saturday and Sunday to “improve” her heart.<br />
<br />
On Sunday I decided to contact Medicare – they are open 7 days a week - and they told me that Medicare will pay for the pacemaker as long as the hospital enters the right diagnostic code.  <br />
<br />
Apparently, Medicare doesn’t care if the oncologist says that the patient has 6 months to live since the oncologist could be wrong.  According to the Medicare staff member I spoke to, as long as the doctor states that the pacemaker is a medical necessity, Medicare would pay for the surgery.<br />
<br />
Therefore, the hospital’s cardiology team’s claim that Medicare would not pay for a pacemaker unless the patient had a life expectancy of over a year was not true.<br />
<br />
After hearing this I went to the hospital on Sunday at around 11 a.m.  It so happened that between 7 a.m. and 11 a.m., my mother’s heart rate had been “stable” – meaning no pauses - so one of the doctors walked into her room and said that they were discharging her because she was feeling okay.<br />
<br />
I told him that Medicare does pay for pacemakers and that she needed a pacemaker since she was experiencing so many scary pauses on Friday and Saturday and she would probably continue to have pauses.  We argued about the issues for quite a while but I did let him know that my mother wanted and needed to get a pacemaker.<br />
<br />
About 10 minutes after the doctor left the room, my mother once again experienced one of those long pauses where her body shook violently and she lost consciousness.  So much for the “stability” of her heart.<br />
<br />
A few hours later, on Sunday, the Head of the Cardiology department and another doctor came by and spoke to us and verified whether we really want a pacemaker.  We said yes.  He said that they would perform surgery to put a temporary pacemaker tomorrow, Monday, and they would implant a permanent pacemaker a few days later when they got one.  <br />
<br />
On Monday morning, we were told that my mother would get a permanent pacemaker the next day, i.e., on Tuesday.  <br />
<br />
However, now they said that they had paged her oncologist, that her oncologist was coming to the hospital in person to talk to my mother to tell her that she only had about 6 months to live and to verify whether my mother really wanted a pacemaker in light of her short life expectancy.  After some argument, I told them that we didn’t need to talk to the oncologist.<br />
<br />
About an hour later, they told us that she was going to have surgery to get a permanent pacemaker at 2:30 p.m. on that same day, Monday.  <br />
<br />
The surgery was done on Monday at 2:30 p.m.  It went very well and was over by 4 p.m.  My mother was awake and alert and said that during the surgery, she was conscious and felt no pain.  <br />
<br />
My mother was discharged the next day, Tuesday, and was discharged to a Skilled Nursing Facility.  She stayed at the Nursing facility for 3 weeks and she is now at home.<br />
<br />
Very recently, about a month after my mother received a pacemaker, she experienced shortness of breath and swelling around her leg and ankle.  <br />
<br />
We visited her cardiologist a few days ago, and he stated that there may have been a fluid buildup in her body.  For now, he gave her a water pill (diuretic) and potassium and had her do a blood test.  We will get the results of the blood test in a few days.  However, the shortness of breath and leg/ankle swelling can be an indication of congestive heart failure.<br />
<br />
The oncologist – who works in the same hospital and medical center - who gave my mother chemotherapy over the past 2 years damaged her heart and caused her to experience atrial fibrillation and to stay in the hospital due to heart problems on 3 occasions.<br />
<br />
The hospital would not put in a pacemaker for 3 days causing my mother to experience much pain and suffering.<br />
<br />
And it appears that the atrial fibrillation and the fact that the hospital kept her heart beating at a fast pace for over a week – in order to avoid pauses – may have caused congestive heart failure.<br />
<br />
In light of the above details, I was wondering if my mother has a case against the hospital and medical center.  <br />
<br />
I would greatly appreciate any help and advice.  Thank you very much for your time and kind assistance!  Tom</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>Tom2653412</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158067</guid>
		</item>
		<item>
			<title>Medical Malpractice: Multiple Lawsuits vs One Consolidated Complaint</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=157985&amp;goto=newpost</link>
			<pubDate>Thu, 02 May 2013 11:55:20 GMT</pubDate>
			<description><![CDATA[My question involves medical malpractice in the state of: TN 
 
Doctor A made a mistake and didn't tell the patient. The patient soon sought another...]]></description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: TN<br />
<br />
Doctor A made a mistake and didn't tell the patient. The patient soon sought another opinion from Doctor B for lingering symptoms, who discovered the mistake but failed to inform the patient. The patient eventually saw Doctor C, who learned from Doctor B about the mistake and continued to conceal it. The patient later went to Doctor D, who independently discovered the mistake but continued to hide it from the patient. This behavior damaged the patient mentally and physically.<br />
<br />
Doctor B told Doctor C about the mistake. Otherwise, all actions are presumably independent.<br />
<br />
Can all bad acts be consolidated into one complaint since they all deal with the original mistake or hiding it? <br />
<br />
Can these doctors be sued in four separate complaints, since they each bad act occurred at different times and locations.<br />
<br />
Or does it have to be something in-between, such as suit 1 against Doc A, suit 2 against B and C, and suit 3 against D?<br />
<br />
There are certain advantages to separate suits (it multiplies the damage cap, for example), and there are certain advantages to a single, consolidated suit (the cases against some defendants might be weak individually). How much flexibility does the patient have to consolidate or separate malpractice acts into one or more suits? Can separate suits be consolidated later?</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>parminides</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=157985</guid>
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			<title>Medical Malpractice: Notice for Claim of Medical Malpractice Requirements</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=157954&amp;goto=newpost</link>
			<pubDate>Wed, 01 May 2013 15:47:44 GMT</pubDate>
			<description><![CDATA[My question involves medical malpractice in the state of: TN 
 
TCA 29-26-121 specifies that the claimant "shall give written notice of the potential...]]></description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: TN<br />
<br />
TCA 29-26-121 specifies that the claimant &quot;shall give written notice of the potential claim&quot; at least 60 days before the claim is filed. It lists 5 things that must be included in the notice: name and birthdate of patient, name and address of claimant (and relationship to patient), name and address of attorney (if applicable), list of names and addresses of other defendants, and a HIPAA compliant medical authorization so defendants can exchange records.<br />
<br />
But the notice does not require, as far as I can tell from reading the statute, any details about the specific allegations. Is that correct that the notice of malpractice claim doesn't require any explanation of the allegations? That seems odd to me.<br />
<br />
(cf. <a href="http://law.justia.com/codes/tennessee/2010/title-29/chapter-26/part-1/29-26-121/" target="_blank">http://law.justia.com/codes/tennesse...t-1/29-26-121/</a>)</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>parminides</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=157954</guid>
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			<title>Other Professional Malpractice: Tax Error by Tax Accountant</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=157915&amp;goto=newpost</link>
			<pubDate>Tue, 30 Apr 2013 19:14:19 GMT</pubDate>
			<description>My question involves professional malpractice in the state of: Minnesota 
I moved to Minnesota after living outside the country for 17.5 years. So...</description>
			<content:encoded><![CDATA[<div>My question involves professional malpractice in the state of: Minnesota<br />
I moved to Minnesota after living outside the country for 17.5 years. So that I didn't have to worry about the details of what is allowable for my profession, I hired a tax preparer each year to prepare my taxes. I switched tax preparers 2 years ago. I discovered from this new company that the former tax preparer had missed a basic credit for my children--the Child Tax Credit. I know some other professionals in my same job area had talked about this allowance but I didn't know anything about it and simply faxed a question to my tax preparer along with some other information. He never responded to my question and I thought that this was something I wasn't allowed for some reason--again, I wasn't looking to be my own tax preparer, I had wanted someone else to do it. Well, when I went to the new tax preparer I was able to get back three years worth of Child Tax Credits by refiling my forms. I was unable to claim for the fourth year back because the time for refiling had lapsed for that year. As a result, I failed to receive $4000 that was owed me that year. When I contacted the original tax preparer he simply said it was a software glitch that caused the problem. I am wondering if I have any legal recourse in this matter. Thanks!</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>mskids</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=157915</guid>
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			<title><![CDATA[Other Professional Malpractice: Handling Someone Else's Horse Without Permission]]></title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=157691&amp;goto=newpost</link>
			<pubDate>Wed, 24 Apr 2013 18:18:01 GMT</pubDate>
			<description>I have a quarter/thoroughbred horse. I had a clinic that I went to to help train my horse. Of course ny mom and dad always wanted to be there to...</description>
			<content:encoded><![CDATA[<div>I have a quarter/thoroughbred horse. I had a clinic that I went to to help train my horse. Of course ny mom and dad always wanted to be there to watch. It was the last day for training and I was riding my horse. She was doing fine and then wanted to go along the fence to be by everybody instead of following my direction. It takes effort and time to get a horse trained. There is never an easy fix. My point is that with my dad watching he all of a sudden got into the arena and grabbed the bridle without my knowledge and started pulling on it to get her to move. He has no knowledge of horses in general and should not be handling one at all. My horse does not typically like men because a man beat her up years ago. My dad did this without any warning or question. He never asked if he should go in and help. Finally my mom had to tell him to stop. The reason I made a big deal of this is that he has no prior knowledge of horses and because my life could've been in danger or I could've gotten hurt if my horse had rejected him. I'm not sure how to proceed from here. I've wanted to put a restraining order against him for all of his wrong doings. He's stalked me, hurt my mom, and he's controlling. Any advice would be helpful.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>courtneymjj</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=157691</guid>
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			<title>Medical Malpractice: Statute of Limitations for Medical Malpractice California</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=157598&amp;goto=newpost</link>
			<pubDate>Mon, 22 Apr 2013 18:47:55 GMT</pubDate>
			<description>My question involves medical malpractice in the state of: CALIFORNIA. 
 
This happened Feb 2011. A person had DIC (Disseminated Intravascular...</description>
			<content:encoded><![CDATA[<div>My question involves medical malpractice in the state of: CALIFORNIA.<br />
<br />
This happened Feb 2011. A person had DIC (Disseminated Intravascular Coagulation) following a C-section. She had emergency hysterectomy the next day because her condition worsened. She was in her early 30s and her uterus was removed. There were things that the doctor could have avoided during the C section.<br />
<br />
She did not want to sue her doctor because of all the pain and sufferings she went through.<br />
However after 2 years it still persists and she feels she needs closure for all the emotional pains she has gone through.<br />
She has complete operative reports of what happened.<br />
<br />
It is said that if not mistaken the statue of limitation is &quot;no later than 3 years after the malpractice/neglicence occured&quot;. However a lawyer also said to her that she is too late because she should have done something within 1 year of the event and that the statute of limitation has expired in her case.<br />
<br />
Can't she still sue for emotional pains and sufferings? She's experiencing it more now after a while especially watching her friends are having 2nd children etc.<br />
<br />
Pls advise what she should do or say when she says to a lawyer next time. Thank you.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=82">Malpractice Law</category>
			<dc:creator>desperate205</dc:creator>
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