Could she get compensation for this loss of mobility injury claim? 36 Answers as of May 22, 2013

Your mother should contact an attorney to discuss this matter further. If the doctor prescribed the wrong medication, and it caused harm to your mother, she may have a medical malpractice case.

Assuming that the doctor did commit malpractice in giving your mother the wrong medication, which caused her to lose mobility in her legs, then yes your mother is entitled to compensation from the doctor. The compensation she may be entitled to includes, but is not limited to: medical bills; income loss; pain, suffering, inconvenience and loss of enjoyment of life. If she improves and regains the full mobility of her legs then the compensation she would only be entitled to money for these items until she improves. If she never regains the degree of mobility she had before she was given the wrong medication, she would be entitled to these items both past and as in the future. Future compensation is based on your mother's life expectancy. Her husband may also be entitled to compensation if his care is necessary and a doctor is willing to state that it is. You may also be entitled to compensation depending on additional information not provided. I would suggest that your mother contact a medical malpractice attorney to learn more about her rights and options.

This would seem to be a medical malpractice issue. Note that these types of claims have a one-year statute of limitations on them, so your mother must move relatively quickly in order to maintain her rights. Given the short amount of time with which to make a claim, you should speak with an attorney regarding these issues as soon as possible.

The prudent course of action would be to contact a personal injury /medical malpractice law office and they would be able to make a determination based on the facts, if the doctors treatment of your Mom fell below the standard of care , and whether her injuries are a direct result of that alleged failure to conform to the standard of care. If so, then you may be able to bring a claim on a contingency basis which means that the firm would not charge you a fee unless they secure you a settlement. It is important that you consult with a lawyer as soon as possible to determine when the statute of limitations will expire.

You ask the dr to report this to his liability insurance company, have you done that? you should. If he does not then you will have to find another dr who agrees this is malpractice and will agree to so testify. That may be hard. See a good PI lawyer

If she has a malpractice case she better see an attorney at once. If a doctor prescribed the wrong medicine she need to act.

Your mother is absolutely able to sue for medical malpractice. If the doctor gave your mother the wrong drug and that is the cause of her injury and disability, she can sue for compensation for pain & suffering, disability, loss of income. Medical Malpractice cases however, are extremely difficult and require an attorney well versed in that area of the law.

You would need to have a personal injury skilled in handling medical malpractice cases represent you; if it's too difficult to navigate the waters of a personal injury attorney who hasn't handled them before, it's definitely too hard for a layperson to handle.

You may have a good lawsuit. You will need a doctor willing to testify that the treating doctor did something that did not meet the standard of care for physicians in like specialties.

Do you have iron-clad proof the doctor admitted to his negligence and made the apology? That makes all the difference in the world regarding a malpractice claim. Your mom, with an intelligent friend like you, needs to meet with several medical malpractice attorneys. Do this immediately.

If it was negligence for the doctor to give the wrong medication and if that is the medical cause of her injury then you should find an attorney specializing in medical malpractice. The attorney will investigate to see if what the doctor did was below the standard of care in the community and the cause of your Mom's injuries.

Possibly. It sounds to me like this matter should be looked into. In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. She will need to get copies of ALL of her medical records and bring them to an attorney who brings medical malpractice cases on a regular basis. If the attorney thinks it is worth taking the next step, he/she will have a doctor review the records; if the doctor is willing to testify that your mother's doctor failed to conform to accepted practice, then she will have a case. But, that takes a lot of time, effort and money even before the lawsuit is filed, so it sometimes turns out that even where malpractice can be proven, it might be cost prohibitive to pursue.

Although it cannot be determined from your description whether there is a medical negligence claim, your mother should consult an attorney with experience in this area without delay.

If it is within the statute of limitations, and she can prove it was the wrong medicine, she can sue.

Yes, it sounds like your mom has a viable claim for medical negligence. She ought to consult a personal injury lawyer ASAP as there are deadlines which apply to these cases. If your mom misses any deadlines, she could lose your rights to pursue compensation for what sounds like a horrible mistake by her doctor with terrible consequences for her. Most injury firms will provide a free, no obligation consultation to discuss your mom's situation. Good luck to you and your mother.

If your mother's doctor truly gave her inappropriate medication and that is the sole cause of her injury and current medical issues, then you could have a medical malpractice claim against your mother's physician. Medical malpractice claims can be time consuming, challenging and difficult. I strongly suggest you contact an attorney in your area who handles medical malpractice claims and seek a consultation. He or she will be able to listen to all of the facts of your mother's situation and give you a more informed opinion in regards to your legal options. Good luck to you.

If this happened less than two years ago have her make an appointment to see an attorney.

Yes, your mother could file a law suit against the doctor for malpractice.

When did this occur, it is certainly an outline of a possible professional liability case.

Based on what you have described, it sounds like she would have a colorable claim.

In Missouri there is a very short statute of limitations on medical malpractice.

If the medical malpractice occurred less than 2 years ago, she should run, not walk, to the office of a competent medical malpractice attorney. There is a statute of limitations which requires filing suit within 2 years of the date on which the malpractice occurred. One day beyond that is fatal; your case is barred.

Medical malpractice cases in the great State of Washington are governed by statutes. RCW 7.70. (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.70). The main question is usually whether the health care provider failed to follow the accepted standard of care in the field. RCW 7.70.030. There can also be causes of action for health care providers making promises they didn't fulfil, or acting without the informed consent of the patient. These cases are extremely difficult and require the testimony of an expert witness. Miller V. Jacoby, 102 Wn. App. 256 (2000). (You can read relevant cases at the MRSC website.) Doctors are trained to work cooperatively (unlike lawyers who are trained to be adversarial), so doctors are often reluctant to testify against each other. Doctors who are willing to testify as expert witness usually charge significant quantities of money to do so, and often must be flown in from out of State.

Your mother and her husband have a potential claim against the doctor for medical malpractice. They need to get an attorney who is an expert in such cases immediately. If you or they do not know whom to contact call me and I will refer you and them to the best such attorney in your jurisdiction.

Your mother may have a medical malpractice claim as a result of the doctors actions. If he did commit malpractice your mom and her husband would be entitled to compensation for their damages and the effect this has had on their life. As there are time deadlines for these claims, you should talk to an experience medical malpractice attorney as soon as possible.

You will another Dr. to state, in writing, that the treating Dr. committed malpractice (negligently treated your Mother), and then you could make a claim.

There are numerous elements of damages that she "could" receive compensation for as a result of such an incident. However, before that determination can even be reached, it must be shown that the physician in question was in some way negligent, and that the negligence was a breach of the standard of care. For such a determination you need an expert (physician in the same field) witness to testify to that fact. But yes, your mother's problems would fall under what is known as a "loss of a normal life" and/or disability for which compensation can be received if it is determined that the physician did in fact breach the standard of care.

It depends if you are within the statute of limitations for when the injury took place. Missouri has a two (2) year statute of limitations on these types of actions. If so, your mother may want to consult an attorney immediately to discuss her legal options because one of the things she can claim is loss of earning capacity, loss of enjoyment of life, etc.

If there is still time for your mother or someone on her behalf to pursue a claim or sue with respect to her medical issues and treatment, immediate effort may be put forth to consuilt with and retain a plaintiff's medical malpractice lawyer for specific legal advice and assistance.

Yes.