Medical Attorneys Knowledge Base
Medical malpractice attorneys: Can a doctor put "Dictated but not read" on his reports? What would happen if a doctor put this disclaimer and then got sued for malpractice? By this statement I believe he means he takes no responsibility for any errors there may be--many are done overseas and are full of errors. Does this let him off the hook? Obviously it is not ethical because if the doctor doesn't take responsibility, who could, but what about the legal effect? Thanks for explaining any legal angles. I edit these things and just got curious. I also wonder what happens when a case goes to court and an insurance company is involved.
Any Medical Malpractice Attorneys out there? What do you think about this? A 19 Year Old Boy goes to the Doctor with a Cough and Chest Congestion he's Diagnosed with Bronchitis, given Steroid ihnaler and Antibiotic Prescriptions. 2 Days later he is have some Abdominal Pain, Vomiting and Diarreaha. He is then given a Cat Scan and Diagnosed with a Swollen Bladder, it was putting pressure on his Bowels and intestines. he is given a Cathiter and kept overnight. he is admitted at around 8:30 P.M at around 10 P.m he is given a Morhine Drip for pain he has an allergic reaction so he is given 2 Doses of Narcan his heart rate goes to 200 BPM he is given another grug to slow his heart it slows to 45 BPM at 4:07 A.M he dies of an Enlarged Heart. No Chest X-Rays were done until after his heart rate jumped so high, only then did they see the Enlarged Heart. This young man Graduated from High School 2 Years Ago. And played Football and Wrestling all 4 Years. He did start smoking Cigarettes and Marijuana After High School. That is it in a NutShell, What do you think?
What is the difference between durable,and medical power of attorney? I know a husband and wife who needs to give their son a power of attorney for each of them one for their finances/personal matters/and for medical decisions all this for when and if they become unable to handle their own matters. They just want it done so that should it ever be needed it is already on file that their son can take care of everything.
Medical Power of Attorney, if someone obtains a new one having the patient sign while temporarily incompetent? I've had medical power of attorney for my father for years now, this week my sister obtained a new one but Dad doesn't remember signing it and doesn't agree, what should be done to make sure the original power of attorney is the active one? He did not have the capacity to contract when the new MPOA was done, but how do I fix this and prevent further intrusion? The new mpoa was signed by a dr. stating incompetence. now how do I resolve this?
What is medical power of attorney? If I have medical power of attorney over my mom and her doctor requests tests but my mom refuses to take them, what recourse do I have? Can she be forced to take these tests?
Do I need a medical power of attorney for my spouse? I'm about to have a baby, and when I was pre-registering at the hospital they asked if I had a living will or medical power of attorney. Does my husband need a power of attorney to direct my medical care, or will he automatically have the authority to do so as my spouse? I'm just wondering if I need to rush and get him the POA soon, before I go into labor. He's in the military so I can go to JAG and get it done for free. I have a general POA for him (so I can handle the day-to-day stuff when is deployed), but we never thought to get him one.
Medical Malpractice Attorney in WASHINGTON STATE? I am looking for any info on a GOOD medical malpractice attorney that is in Western Washington State. If you live here and have dealt with one,please let me know the contact info. Thanks for answering my question and have a great day or night!
How do I get a medical power-of-attorney? I have always managed my husband's health care. The privacy laws have made this so much jumping-through-the-hoops. We want to get mutual PoAs so that he can get/give medical information if he ever has to, and of course so I can cointinue to take care of these things for him? How do we start. We are in Ohio.
How do I make a medical power of attorney contract legal? Does it need to be notarized? My mother is in Texas and I am in North Carolina. I have the contract. Other than her signature and mine who else needs to sign it and does it need to be notarized? Does it need to be filed and if so where?
Could anyone recommend a good attorney for medical negligence? I wrote on here about how a doctor had prescribed me Ativan for the past 21 years. It was only to be taken for a max of 4 months. I appreciate all the feedback I got from you all. Now I have so much memory loss that I have to write everything down. I live in Kentucky, but would be willing to go to another lawyer, in another state, if someone thinks they are a really good lawyer and could help me. So please let me know if you know anyone.
medical power of attorney form for children when going out of country? Hi, I am going out of the country with my husband. We are going on a cruise and my parents and his parents are splitting watching our kids for us for our anniversary. I know it will not always be easy to get ahold of us. Where do I find a form to give medical power of atty to our parents while we are out of town? Are there any free sites to print or do I need an atty?
Help plz-ty. Questions about attorneys and medical situation.? My contingency lawyer pushed me to go to their referal doctor, I insisted I didn't want to get stuck with any bills, and he repeatedly told me not to worry. I don't have any insurance and they know that. I said but what will happen if we don't get a claim? he still kept trying to tell me I won't be responsible but then I think he slipped and said I might be. but again turned around and said that I won't. See, and I don't even have the option to go to a doctor of my choosing. Then I spoke with the people at the doctor's office and said the same to them, they said i'd be fine as long as the lawyer signs an LOP letter of protection. This lawyer is with a big supposedly reputable company. From the lawyer's office they spoke with the docs office and agreed to authorize me for an evaluation visit and take it from there. After I went, i was given another appont for 3 weeks later and told that i would get a call to confirm that appt b/c they needed signatures from my lawyer. When nobody called, days b4 the apt I called the doc office and inquired as to what's going on, they said they didn't see Additional Details 1 hour ago ...anything regarding from my lawyers signatures etc, and said that i still have a standing appt so i should just come in, and that if they needed to they will call to cancel. They should not have allowed me to come if they didn't have his signature,,,after i went to that appointment and was leaving, they told me the lawyer never signed the LOP, meanwhile before hand i had repeatedly told my lawyer he needs to sign still, and he said don't worry I'll have it taken care of you go ahead tand keep that appt, but he never had signed it. Now I got a bill in the mail for those 2 appointments, they also fabricated some additions in there. My family will call and speak with the billing services but what should I do to make them understand this should not have happened? btw-the case will not receive any claim because the negligent person refused to give over thier insurance. Thank you so much. 10 minutes ago Further more, I am now scared of receiving surprise bills from the attorney even though it's on contingency fee and he has not contacted me since May. Will they stick me with any bills even though we received nothing since we never had a chance to file a claim with the insurance and the attny only went as far as sending out a certified letter to the negligent person requesting their insurance information and being turned down? I don't know what to do? Am I suppose to do anything to free myself of my contract with him or just leave it be? I would desperately appreciate any answers.
Power of attorney during a medical crisis? My best friend's husband was in an accident and on a respirator and nonresponsive. For some odd reason they were not on each other's bank accounts and she needs to have access to his accounts to pay his bills. Does she need to consult a lawyer to get power of attorney to handle his finances?
What should a disabled veteran do for medical treatment? I cannot work due to service connected injuires for over a year now and also per a dr's advice that if I continue to work I will be paralysed. I have claims in with the VA which takes years and I have applied for SSI and SSDI. I have an attorney to work my case for SSA but the attorney states they need more medical evidence to win my case. The problem is the Veterans Administration is making me wait 3 or more months for medical appointments. My wife works and Social Services says she makes too much money at $2000.00 gross per month. So I cannot get medicaid. But if it takes months for appointments at the VA I will not have much medical evidence. My wife and I cannot afford her jobs medical insurance. Anyone know of how I might be able to get medical treatment for evidence besides the VA or Social Services?
I am wondering where i can get answers to how to file a medical malpractice lawsuit without an attorney? Our son was killed in a hospital and unfortunately those responsible are getting away with it. Really need to find help in filing first documents to get ball rolling. Don't want any money but we must get some kind of justice for our darling boy and we feel we must bring this hospitals screwups into the light of day to protect current and future patients. And yes i have proof just can't get any lawyer interested not enough possible cash in it for them. Just need pointed in right direction and access to legal documents and filing fees.
What to expect if summoned to court for medical bills? being sued for 5200.87 in medical bills, court cost, and their attorney fees. Court date July 8th, 2008 my husband is military and being deployed for Iraq will they can they garnish his wages. I already have a previous garnishment on my wages.
What do I have to know about getting a medical license in California? My dad is thinking about relocating to California. He's currently licensed in Ohio and has practiced there for over 30 years. He's a foreign medical grad who is double board certified in addiction and emergency medicine. Beyond what's on the California State Medical Board site, is there anything he needs to know? Are there reputable attorneys who can assist him?
Is there a statue of limitations on medical misdiagnoses where you would need to contact an attorney? I was diagnosed originally with spinal stenosis and a degenerated disk. I went thru physical therapy, was given shots and had nerves lasered in my back. Nothing helped. I seeked a second opinion and was told I did not have those medical conditions. It took until July 2007 and working with my own family physician that I found out what I have. I have osteo arthritis and I am having to have my left hip replaced. I have suffered in pain since the orignal diagnosis and had spent a lot of money on unnecessary medical procedures and medicine. Is there a statue of of limitations of sueing the original doctor who mis diagnosed me?
Can the auto insurance company pay me directly for my medical expenses or do they have to pay the doctor? I was in an auto accident and I have medical insurance. My medical insurance covered my medical expenses; however, I wanted to know if the auto insurance is still liable for those expenses? It seems as if my having medical insurance should benefit me and not the liable party's auto insurance company. If I did not have medical insurance the auto insurance company would still have to pay for those expenses. So shouldn't they still have to pay for those expenses and I get what ever is left that my medical insurance company did not pay? Are there any laws statures that back this up in Georgia? I am trying to settle this claim without getting an attorney and I need all the help I can get. Any advice would be helpful. I am in the process of writing a demand letter. Thanks for all the help.
Can the USCG make you pay back medical cost from an accident if you have been discharged? My son was honorably discharged from the USCG after a motorcycle accident involving alcohol. I know he was wrong but now they are doing an investigation a year after the fact and saying that due to his misconduct he should pay for his medical bills. He has not recovered mentally or physically and owns nothing. He connot afford an attorney and they will not provide him with one. I have two other sons that are Marines and they have never heard of anything like this. Can they reverse the honorable discharge? We just do not understand why they would do this. It seems like someone made a mistake a year ago and now they are trying to fix it. He was questioned initially, prior to discharge and signed away his right to an attorney eight weeks after severe head trauma. Is there anyone that can help us? Navy Sailor, Thank you for your response. I fully understand that my son actions deserve punishment. The good thing is he knows also and expected to punished and or discharged but to be discharged and a year later have this issue come up. He never received counsel or rehab, those are the benefits our kids deserve when they sign up and put their lives on the line. I have two sons in Iraq and we are a very pro military. I am not a blind mother just think it should have been delt with prior to discharge.
What is with medical insurance? And why is it too expensive to see a doctor even with insurance? My husband and I both pay only $21/month for medical insurance...but when I had to take him to the ER, the insurance only covered $17 and I still have to pay $277! For cryin' out loud! AND when I was injured (friggin walmart insurance co. denied my claim 4 freakin times!) Not only did I have to pay out of pocket the $300 ER bill, but now I've been sent to collections for $297 from the physician that I was never billed for! WTF!!!??? This can't be right, HE DIDN'T EVEN DO ANYTHING!!!!!! I spoke with an attorney and he said lawsuits are expensive and I'd be out more through a lawsuit, than to just pay the bill! What should I do?
Has anybody ever sued the USAF for medical malpractice and could share some advice? I am currently in the USAF and I know that I cant sue the USAF but the medical issue is with my wife and as a civilian I believe that she sue on her own behalf but I an not 100% sure. Also, unsure of the process (I would assume that we would have to find an attorney that specializes in these types of cases). Any guidance would be helpful. Thanks
Can a stepmom take away the right to medical info on my dad who has dementia can she do this? my father remarried 5 years ago at the age of 73, my new stepmother is manic depressive and dad gave her power of medical attorney ,yesterday she took away the right of all of us children to get medical info on my father from hospice because of a simple power struggle she has going, she refuses to notify any of us about anything that is going on with my father, mu father fell and broke his ribs and she notified none of his children
Car Insurance company is sending check attorney states Medical lien is larger then payout, what are my options 7 months ago my wife was in a near fatal car accident. She is healing, but will have pretty serious complications for the rest of her life. This was a one car crash, my wife was cut off by what the insurance company has titled a "phantom" driver. There is no one to go after except our own insurance. Our attorney called us with good news, the insurance company is paying out the max on the claim $300.000. But here is where the problem starts, so far the medical insurance company has paid out $269.000 and has a "lien" for that previous unsure what this means at this point. the laywer gets his 33% which is 100.000 which leaves us with $200.000 to pay towards the lien. further more there is an additional $30.000 in misc. medical bills that are in my wife's name due to co pay's uncovered items etc. Is any of the money awarded to my wife considered pain and suffering or loss of income. I would hate to think that the only person making money is the attorney, thank you, EFFland based on your question here is some more info, We hired an attorney because from the start the insurance company was given us problems, There was no contact with phantom vehicles, there where other people in my wife's car that witnessed the accident and phantom car. Fighting Saints first thank you for your in depth answer second some info. State is Florida and you are correct in the Unisured Motorist part of the claim I thank you for thinking of my wife, and appreciate the support. It has been quite the Nightmare. Do you have suggestion on approaching the laywer? I know him personally but not on a "friend" basis. He was the president of my country club that I was employed at. Am I correct in stating that according to normal procedures getting any money out of UM without another party sustaining damage is a "good" job by the attorney? Are there any Florida Adjuster or insiders that could give me state specific info, I appreciate everyones feedback
Medical Power of Attorney document.? What are the legal consequences of disobeying the requests of the person named as another person's Medical Power of Attorney, especially when the requests were in the patient's best interest? A nurse continued to administer medication after repeated requests by the patient's POA, to discontinue a drug that was causing the patient pain and suffering. A medication that was unnecessary for the patient's survival, and was ultimately causing the patient to be combative and irrational. The prescribing Dr was shocked, asking if the nurse had lost her mind. The Dr is obligated to get written permission from the POA before prescribing ANY medication for the patient, and cannot over ride the POA's decision to discontinue any and all meds at any time. No. This is NOT an end of life issue. It is Saturday night. Our attorney is unavailable until Monday. This will aggravate me till I can contact him or get some idea what our next step will be Thank you Thank you for your answers. A few more details: The patient is in a nursing home with Alzheimer's, and is far beyond competent. She reacts badly to antipsychotics (makes her more psychotic and hard to handle). The prescribing Dr and our attorney said her son (holder of the POA) has the final word in everything and is above question from anyone. They both said the nurse has lost her mind. The owner of the care facility is very nervous. We aren't the only family with issues because of her God complex. If "mother" behaves badly enough, she will have to be moved to another facility. Hence the overdosing with meds to make her behave badly. This "professional" is a menace.
Medical Power of Attorney? My grandmother is having surgery and in sound mind and capable of making decisions. We are doing a medical power of attorney in case she is not able to make decisions . My question is although we will have one person assigned is there any way we can make sure that the decison maker must consult more family members before the final decision is made.
Declared incompetent. Power of Attorney for financial not Medical.? My Grandmother is ill. My Father has Power of Attorney for her financail stuff but no one has the medical Power of Attorney. THere are 3 children. One is disabled and dying. Who will get granted the medial advocate? WHat if the 3 do not agree? Do they take in consideration who has other "powers". Thanks for any help. Florida is the State we live in. Do they consider if one family member is more involved in her life? If she picked one child to be one everything financail and be power of attorney for financial stuff .... Do they ever think maybe he is more suited?
Does anyone know a good Medical Malpractice Attorney? Must be in TN or a contiguous state? I currently represent myself (pro se) to preserve my rights but I am not an attorney. I suffered a closed-head injury to the hypothalamus that went undiscovered and the symptoms ignored by Drs when presented. Drs. never evaluated and head, spine , c-spine after traumatic high speed crash. They only treated obvious injuries, i.e. ruptured achilles heel, ruptured hamstrings complete destruction of quadriceps, complete destruction of gluteas maximus muscle, complete separation of sciatic nerves from spine and significant, obvious from CT Scan, frontal impact damage to brain. previous to this accident I weighed 172 lbs and now weigh 96 lbs and continue to have difficulty keeping food/water down, extreme homeostatic temperature changes varies from 89.4 to 104.7, I need help that is beyond my reach. Accident happened 5/5/05 and I need all the help I can get. I do not qualify for Tn Asst. because I am white, single ,have no dependants a category for my position does not exist. Help PLZ
I need a good medical malpractice attorney in Phoenix.? I had bloodwork done in December of '06. My TSH (thyroid) was so out of whack I could have died. I discovered this when I went for pre-op testing recently. My thyroid was even worse and surgery had to be canceled. When talking to my family doc as to why I wasn't contacted in December, he said, "I figured you'd be in eventually and we talk about it then." Do I have a case?
Does anyone have advice regarding medical insurer denying claims? Yes, I'm aware that this is R&S, but I am more familiar with people here. This is for my 11-year-old son. We were denied a claim on Friday. They won't cover prescription medication that we cannot afford ($1,800/month). The pharmaceutical company that is filling the prescription has offered to do the appeal for us. Since they have a medical team and attorneys, we're going to let them fight the battle. My question is --- is this a wise course? Should we try to take this on ourselves? If you have any experience or advice, we'd appreciate it. Thank you all for your words. And Walkin Dude, if you talk to your attorney friend, I'd love to hear his opinion.
Anyone know any good attorneys in the Southern Illinois area? I need an attorney, and I need one now. I need an attorney for medical malpractice. I went to the same OBGYN for months, and I keppt telling him something was wrong, and I told him that I was having problems urinating, and he tested my urine and told me that I had high protien in my urine, and he kept telling me that my baby was not gaining enough wait, what was wrong was I had a condition called toxcemmea, but he never diagnosed it, in fact it was not diagnosed until I finally sought a 2nd opinion, the day I went to see the 2nd OBGYN, I was severely sick, as I had been for some time, as my other OB had seen me, anyhow, the day I saw the 2nd doctor, I was hospitallized, and I ended up developing another condition called HELLP syndrome, then I hd a brain annurism, none of this would have happened had my 1st OB diagnosed me with preclampsia to began with, and I was able to diagnose it once looking it up on Web MD. Me and my baby almost died because this guy did not do his job, I'm not
I need help forming my husbands medical directive. Help? Okay, my husband is having SERIOUS surgery only a few weeks away. We have done the whole will, power of attorney and medical directive thing. BUT, his family (Father's side) is a bit...well, I don't think they trust me. We've been together over four years now and this possibility never occurred to me. As his wife he has given me the authority to act on his behalf and I've given him the same authority in regards to myself. His family is used to running the show, specifically his grandmother & father. I feel fairly certain that his father and I have reached an understand. As for his grandmother, she and I are anywhere close to agreement. She told me I had better to do all there was to do or "There'd be hell to pay". I know enough to know that she'd try to sue me, ruin me and make my life hell as if losing my husband wouldn't make it that way anyway. So I need to know all the specific wording he should leave so that they can't say I acted on any other authority except for his.
Re: Power of Attorney for Medical, will that make me reliable 4 unpaid bills 4 the person I have POA on? This is my father-in law and he was living with my husband and I. He is VA but due to an emergency his was admitted to a regular hospital. He now has MRSA and is finishing his recovery at a nursing home. He may not make it back home. We are already receiving bills from the hospital (the part that medicare doesn't pay) of course the bills are in my father in-laws name and for now I can take one of his checks to him for his signature to pay those bills. I am concerned about the amount after he passes.
Is an incapacited medical patient protected from Power Of Attorney crime? If Power of Attorney criminal activity occurs what are the patients rights?, who is held responsible to the patient if the creditors, lawyers, doctors, police are aware of the crime but financial arrangements discussed & delivered directly with patient ONLY results in immediate property sold at auction without any knowledge to patent's "temp" caretaker?. A very sick friends house was auctioned at 5pm yesterday without any warning to the people trying to help him & could have stopped this but thought they were - he immediately listed the house and has proof of money due to him. He has police & medical reports, but much the Power of Attorney took. They tell me this legal & his fault - I can't accept that - why have POA or credit protection & why are not after her. Jan 19th it happened I offered money, was told it was ok, house was listed. At 5:20 call 5pm auction told them I pay, at 5:28 bank said 2 bad. I have been fighting them since. I need legal facts - thanks The house was behind in payments, large personal checks were missing, Large amt of cash were taken, & medical records & invoices could not be located or not handled correctly
my grandmother is dying but fully aware and my aunt who is power medical att wont folow her wishes wat cani do what to do if family member wants to live but medical power of attorney thinks they are in charge and is making all the dissions but patient is a where of whats going on can answer for self what do i do do i have any say can i help" the medical power of attorney is my aunt im the grandaughter and my aunt basically has the grave dug for my grandmother!!! my grandmother is scared of her and wont stick up but when shes not there she tells my mom who is her other daughter and me that she will do whatever to stay alive??? she wants my help how can i help her
Help! I have medical power of attorney for my Mom. The papers are in? a locked box that I can't get open. I need it pretty quick. I called the lawyer's office that drew it up but they said they don't keep copies. What do I do? I got it open and it wasn't in there but I did find it. Thanks for the info about filing it. I didn't know that I was suppose to do that. Mom has some mental problems and quit taking all her meds so they want to put her in the hospital for a few days. I know she wont go willingly but we want to make it as low stress as possible for her.
Is my attorney responsible for not letting my medical bills go to collections? I signed a contract with my attorney and he told me to not worry about or pay my medical bills from my car wreck since I was rear ended at a stop light and it is in no way my fault. However, it has been 5 months since my car accident and my case is not settled yet, so my bills aren't paid and are now being sent to collection agencies. I dont want this to go on my credit, and I dont want people calling me 24/7 telling me I need to pay these bills. Is my attorney responsible for this? Is this a breach of contract on his part? I'm having problems with him anyways, so if I could fire him, and he not be entitle to his percentage of my settlement, I would be very happy! ok...so i just called my attorney's office and was told to have the collection agencies and bill collectors call his office and ask for a letter promising payment....I don't feel like I should have to do this. I hired him to take care of this ordeal for me, and he is getting his percentage off my settlement. well newjersey you got 6,000 dollars layin around i could use to pay off my bills? i dont have the money . and i just dont see why this should affect my credit
Looking for an attorney who specializes in medical malpractice cases involving drug companies? I was born in 1958 and exposed to a drug which originally marketed under the the name Thalidamide,but was administered in this country as Kevadon.It caused me to be born with a birth defect to my hands.I was told that there is a law firm that has a list of the doctors who prescibed the medication to women who were experiencing morning sickness while pregnant.Unfortunately for me the hospital I was born in (Provident-Baltimore City)destroyed all records.Although I'm now 49 yrs old I'm still experiencing problems.There also seems to be the matter of the statue of limitations.But I wouldn't have known about the drug Kevadon if it were not for my research into the drug Thalimide which was not suppose to be marketed in this country.I have no medical insurance to help me seek the medical attention I need with the current problems I'm having with my right hand.Do I have any way to compensated?Please if there's anyone who can help me let me know.
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