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Some of the cites we server are,
Was It Medical Malpractice?
I Went To The Er Due To Pain In Left Lower Pelvic Area. They Did An Ultrasound And Said I Was Pregnant With Twins. One In My Uterus & The Other In My Right Fallopian Tube.( They Saw Two Fetuses, Heard Two Heart Beats And Movement Of Both Fetuses). They Stated It Was Life Or Death That I Need Surgery Now To Remove The Fetus From My Fallopian Tube. I Said Okay. I Woke Up From Surgery With Two Scars. I Asked What Happened. She Said They Could Not Find The Fetus In My Fallopian Tube. They Were Not Sure What They Heard Or Saw... She Did Call The Ultrasound Woman Back In During Surgery To Do Another Ultrasound. The Ultrasound Girl Saw The Fetus In My Right Fallopian Tube Again With No Movement Or Heartbeat. The Doctor Said It Did Not Look Like A Fetus To Her But She Proceeded Any Way Because She Thought It Was A Fetus....???They Found Nothing!!! I Am Still Pregnant With The Baby In My Uterus.
Is This Right? I Am Not Sure Of How To Proceed. Any Suggestions Would Be Great!
I am not a lawyer, but this is something that I know an awful lot about.
In order to sue a doctor for medical malpractice, you must first establish that the doctor deviated from the standard of care, standard of care meaning that which another reasonable and prudent doctor would do in same or similar circumstances. You must next establish that that deviation from the standard of care caused you lasting, permanent harm. Neither exists in this case. Having an eptopic pregnancy is life threatening, and so they were correct to go in and do surgery to remove it. Finding nothing there to remove is a blessing. Had they not gone in and something had happened to you or yoru baby, that would be a deviation of the standard of care.
As for causing permanent harm, while the sugery you endured turned out to not be necessary in the end, you did not suffer any permanent damage, like miscarrying, or having to have an emergency hysterectomy, or having to have your ovaries removed because they made a mistake, and so you have suffered no permanent injury. All of this is very, very, very good news. Further, you're still pregnant, which is even better news.
In truth, there is no such thing as a frivolous lawsuit. One cannot sue a doctor for doing all they can and getting a bad outcome, and one cannot sue a doctor because one is angry or p*ssed. Judges can't award "the principle of the thing," they can only award what one has actually lost; wages, medical costs, future medical costs, etc.
I know you're scratching your head right now, but be glad that you are all right, that the doctors acted with prudence and care, with your best interest in mind, and that, but for a couple of scars, you're totally fine.
Can I Sue For Medical Negligence Without Permanent Injury?
August 2009, During My Last Pregnancy, Routine Lab Tests Were Done At Dr. Thomas Lee'S Office In Montclair Ca. Before The Results Of These Test Were Back, I Transferred To A Different Doctor. I Signed A Release Form, And Requested My Information Be Faxed Over To My New Doctor, Little Did I Know That The Results Were Never Sent. I Went Into Labor At 27 Weeks, My Daughter Weighed 2Lbs 3Oz. She Spent 2 Months In Nicu Before She Was Released. She Was Treated For A Lot Of Things, But Now She Seems Healthy. She Sees Her Pediatrician, The Regional Center, The High Risk Clinic, A Cardiologist, And An Eye Doctor. For Now, I Don'T Know If She Will Have Any Permanent Injuries. She Has Not Been Diagnosed With Any Permanent Injury Yet.
While I Was In Labor, The Doctor Said That My Amniotic Fluid Had A Foul Smell, And That I Must Have Had An Infection, But There Was No Follow Up About That After. Two Months Later, I Found Out That I Did Come Back Positive For An Infection From The Blood Tests Done At Dr. Lees'S Office. They Never Contacted Me, Nor Sent The Results To My New Doctor. The Infection That I Had Was Treatable And Since It Was Not Treated, It Resulted In The Premature Labor Of My Daughter.
I Lost My Job Due To The Fact That I Went Into Labor So Early. I Want To Go Back To Work But My Daughter Is Way To Small And Needs A Lot Of Extra Care To Be Left With A Babysitter. Can I Get Any Sort Of Compensation For The Medical Negligence From Dr. Lee'S Office?
Possibly. First you will need a doctor that is willing to get on the stand and state that your premature labor and birth were due to the infection and that the blood results would have provided enough notice to stop that from happening if they had been received on time.
Of course you will need to hire a lawyer to handle the case.
Do The Head Lawyers Of A Large Law Firm Handle The Actual Cases?
Do The 2 Or 3 Head Lawyers Of A Large Law Firm (40+ Lawyers For Example) Actually Get Cases And Resolve Them, Or Do They Just Manage The Other Lawyers?
I might be 100% wrong but I would imagine if a new client calls their firm out of the blue to ask if they have a lawyer who can help them out, the intake person would ask the client questions to see which of their lawyers should take the case, and if it involves a lot of money maybe the intake person is commanded to give that case to the big boss... I contacted a firm without specifying which lawyer I wanted and my case was given to one of the owners of the firm even though the profiles of the other lawyers state they are experienced in that area of law as well. Most head lawyers establish a good reputation for handling complicated or big cases, they are go-getters and motivated to serve justice so I can't imagine them taking a back seat supervising others do what they love to do but these are all my guesses I'm not a lawyer.
Is Paying For Pre-Paid Legal Services Worth It?
Someone From Work (An &Quot;Independent Associate&Quot;) Is Trying To Sell Me The Pre-Paid Legal Services. It Sound Like They Really Don'T Do Too Much For You And Some Reviews Online Say That It Is A Hassle To Cancel The Services.
I joined PPL for a few months. When I had a legal situation, all they would do is write one letter, and then said I had to pay a "reduced" rate for all services beyond that.
Their reduced rate is almost equal to a full non-discounted rate from a good lawyer in my city.
Yes, it took many phone calls and lots of being on hold - they tried to tire me out, but I prevailed.
I will never go back to them again - it's a waste of time & money.
How Should Step-Parents Gain Legal Rights?
I Have Been Married For Almost Two Years. Last June, My Husband'S 14 Year Old Daughter Came To Live With Us Because She Doesn'T Get Along Well With Her Mother.
My Husband Works Full Time While I Work Part Time And Help With The Kids (I Also Have A 6 Year Old Son From A Previous Marriage). Recently, I Took My Step-Daughter To A Dental Appointment. They Refused To Treat Her Because I Am Not A Biological Parent And Therefore Cannot Make Treatment Decisions. My Husband Would Have To Miss Work To Bring Her To The Appointments. In Fact, According To Their Policies, We Would Not Be Able To Bring Both Children To Appointments At The Same Time Unless We Were Both Present!
While I Realize This Particular Dentist'S Policies Were A Bit Stringent, I Also Realize As A Step-Parent I Technically Have No Legal Rights. How Best Should I Deal With Legal Issues Pertaining To Obtaining Medical Treatment For My Step-Daughter? Is There Something I Should Do Legally?
stepparent does not automatically gain parental responsibilities and rights towards a child when they marry or enter into a civil partnership with the child’s parent. To gain PRR’s they have to make an application to a court. However, if the stepparent looks after the child, even on a temporary basis, they are expected by law to ‘safeguard the child’s health, development and welfare’.
Without parental responsibilities and rights, a stepparent cannot make important decisions about a stepchild’s life, such as their education or religion. This also means that a stepparent cannot usually consent to medical or dental treatment. The stepparent can only consent if a parent is unavailable and if the child cannot give consent on their own, and if they feel that the parent would agree to the treatment.
There are three ways that a stepparent can acquire parental responsibilities and rights towards their stepchild:
By adopting their stepchild
By making an application to a Court as a person who ‘claims an interest’ to the child. Other applicants may include grandparents, aunts and uncles. A parent who already has responsibilities and rights will not lose them because they have been granted to someone else;
By being appointed guardian to care for the child if their natural parent dies.
Need A Juvenile Lawyer Any Recommedations?
In East Bay California, For A Felony