What is the first step I should take in a medical personal injury case? 33 Answers as of July 04, 2013

I had a baby in November of 2009. When I arrived for my cesarean delivery my nurse was not there. I waited for about 4/5hours in the waiting room. Then during surgery prep I was given a shot in my spine seven times. Both legs jumped cause nerves were hit, almost paralyzed me. Now my body cramps up so bad from the back I almost lose my balance. Do I have a case. If so, whats the first step?

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Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
The first step is for you to go see a lawyer TOMORROW to see if you still have a case. The statute of limitations on a med mal case is only one year from the date of injury. However, there are a handful of exceptions that might allow you to extend the time. Still you should go talk to someone as soon as possible.
Answer Applies to: Missouri
Replied: 7/18/2011
David Hoines Law
David Hoines Law | David Hoines
medical malpractice cases are very expensive, so only those with very serious consequences are taken by lawyers on a percentage basis, so I doubt what you describe would be pursuedbut, if you want to inquire, check with a lawyer in your area who handles medical malpractice
Answer Applies to: Florida
Replied: 7/14/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Hire an attorney and a reviewing doctor.
Answer Applies to: California
Replied: 7/14/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
Call a medical malpractice attorney and have the attorney get and review your medicals. Your statute expires in November 2011 DON'T WAIT.
Answer Applies to: Virginia
Replied: 7/14/2011
ROWE LAW FIRM
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Medical personal injury cases are very difficult and require the use of an expert to determine whether or not your caregivers a) breached the standard of care and b) whether or not what they did caused you damage. Many kinds of side effects are also expected or anticipated, and may or may not be caused by the negligence of your caregivers; similarly, even though your caregivers may have been negligent, your damage may or may not be an expected side effect. The viability of your case can only be determined by a careful review of your medical records, and consultation with an expert.
Answer Applies to: Louisiana
Replied: 7/14/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Medical malpractice cases are among the most interesting and challenging. To answer your question, a lot more information is needed. Has any doctor or other health care practitioner told you that a mistake was made? Do you have your record? Have you seen a doctor for your present problems? What do they say is the cause? If you have not been to a doctor, the first step is to get treatment. You need to be sure to tell the doctor when your symptoms started and why you think there is a problem. If you have a permanent injury that was caused by a doctor's negligence, you may have a case.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Your first step would be to see a lawyer who does this type of work close to you and get your medical records for a review to see if a case might exist.
    Answer Applies to: Alabama
    Replied: 7/14/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You do not have sufficient information for me or any attorney to tell whether you have a case. To have a case you have to have evidence that your condition (your cramping and balance problems) are permanent and will not resolve on their own, that these problems are a result of something the nurses and/or doctors did in connection with delivering the child, and that the doctors/nurses were negligent. Your first step should be to find a competent attorney to help you investigate your case. The attorney will likely interview whatever doctor is currently treating your condition, if you have one to determine if you doctor agrees that the condition is permanent and would cause the problems you describe. More importantly, the attorney will get all of your medical records and send them to a doctor, or group of doctors to review to determine if the doctors/nurses who delivered your baby were negligent AND to determine if this negligence caused the medical problems you describe. Sometimes doctors/nurses do everything right and there is still a bad outcome. You need qualified medical experts to evaluate your case, and you really need an attorney to help you find these experts.
    Answer Applies to: South Carolina
    Replied: 7/14/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Call a medical malpractice attorney but you need to act quickly as you have 2 years to file a claim
    Answer Applies to: Florida
    Replied: 7/13/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You may have a case but time for your case is limited. The deadline for filing would be November 2011. If you are serious about pursing this case, you should contact a lawyer immediately to provide the lawyer time to evaluate the case. The first step is to review the medical records to determine the nature of the injury and what care was provided during the delivery. An expert will review the medical records to determine whether there is a case.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The main thing is that you have waited some time. The statute of limitations in a medical malpractice case is only two and one-half years. You need to see a lawyer right away.
    Answer Applies to: New York
    Replied: 7/13/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Medical malpractice cases can be some of the most difficult claims to prosecute. Several questions about your case must be answered before a determination can be made as to whether you have a case. For example, do you have residual problems from the incident? Does your doctor believe those problems are a direct result of the incident? Is there anything that could have prevented or have been done to avoid the incident? You should speak to an attorney directly to get an answer to your question.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    I would need more medical details to determine if you have a case. The 1st step is to meet with an attorney that you feel comfortable with that you can rely on. Its hard to know this without speaking with attorneys at least on the telephone. Look at web sites. Talk to friends, look for attorney's ratings and any client testimonials they may have. You can look at my web site for some of the types of things that I am talking about.
    Answer Applies to: Massachusetts
    Replied: 7/13/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    The first step is to hire an attorney who handles medical malpractice cases. The statute of limitations is 2 years from when you discovered the malpractice which sounds to me like it could run as early as November of this year. In Florida, you can file a petition for an automatic 90 day extension of time, which will give you 3 more months, but there are a lot of hoops you have to jump through in medical malpractice in Florida so contact an attorney immediately.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Your first issue is the statute of limitations. Code of Civil Procedure Section 340.5 provides in part: 340.5. In an action for injury or death against a health care provider based upon such person's alleged professional negligence,the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. In no event shall the time for commencement of legal action exceed three years unless tolled for any of the following: (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has nontherapeutic or diagnostic purpose or effect, in the person of the injured person. Actions by a minor shall be commenced within three years from the date of the alleged wrongful act except that actions by a minor under the full age of six years shall be commenced within three years or prior to his eighth birthday whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which parent or guardian and defendant's insurer or health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor for professional negligence. If you did not know of the injury until recently, then you may be okay, but if you know at the time of the epidurals (I am surmising that is the injection you got that caused your problem), then before you can sue, you need to give 90 days notice of your intent to sue. This is the first step you need to do. I would advise you retain an attorney to do all of this for you. This is usually done via certified mail so you can prove you complied: Code of Civil Procedure Section 340.5 provides in part: 364. (a) No action based upon the health care provider's professional negligence may be commenced unless the defendant has-been given at least 90 days' prior notice of the intention to commence the action. (b) No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    Medical malpractice cases can be quite complex. In my opinion, it is not the type of case that one should attempt to handle without a lawyer. I think the first step in any possible medical malpractice case is to contact an experience medical malpractice lawyer.
    Answer Applies to: Utah
    Replied: 7/13/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    consult with a med mal personal injury firm. you will need a medical opinion that you were not treated to the proper standard of care
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You should talk to a medical malpractice lawyer right away. Most will give you a free initial consultation. The statute of limitations in Florida for medical malpractice is 2 years from the date you knew or should have known of the malpractice. I am concerned that this all started in 2009 which is more than two years ago, but you should talk to a lawyer immediately and he/she may still be able to help you figure out a way around that. It is sometimes possible to bring a claim even several years out depending on the exact circumstances, especially if your problems did not manifest right away. But you should talk to someone as soon as possible. Good luck.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    The first step is consulting with an attorney who handles medical malpractice cases. This is not the type of case you can handle on your own. These cases are complex, expensive and require medical testimony. Only an experienced attorney can guide you through the difficulties these cases present. As you appear to have suffered a permanent injury, you may have a valid claim.
    Answer Applies to: Texas
    Replied: 7/13/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    You should discuss this with a good personal injury attorney as soon as possible. You may want to ask your friends for recommendations if you don't know any lawyers. Keep in mind that the statute of limitations on this kind of case is generally 2 years, so you must act now. Also, you should be aware that while many lawyers handle personal injury cases, few have extensive experience with medical malpractice cases.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Florida is one of the toughest states in the country to pursue a med mal claim. You need negligence and damages. Here, you need to have physicians confirm the damage. Then, you'll need an expert to support a breach of the medical standard of care. You need to get a lawyer, but you are likely to have a hard time as it does not appear you have clear liability and the damages are not clear either. You have only 2 years from the date of alleged med mal or the date you discovered it, not to exceed 4 years. I would not wait. You can also go to the clerk, pay a fee, and file a petition for extension of the statue of limitations.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    There are detailed records kept by hospitals for all medical treatments received there. You need to hire an attorney who is an expert in medical malpractice cases. He/she needs to get your records and have those records analyzed by an expert physician to determine if the treatment you received is "below the standard of care" that you should have received. The shots you received in the back sound like an epidural which is a form of anesthesia. Too much of that medication can cause spinal problems, even paralysis in some cases. Good luck.
    Answer Applies to: Georgia
    Replied: 7/13/2011
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    So sorry to hear about your difficulties. In Louisiana, you typically have one year from the date of injury to file for a Medical Review Panel when medical malpractice is alleged. Depending on the type of hospital, public or private, will dictate the procedure in which you employ. Based on the very general facts that you have given, it appears that you have missed the time in which you had to file for a medical review panel under Louisiana's statutes.
    Answer Applies to: Louisiana
    Replied: 7/13/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You need to discuss this ASAP with a medical malpractice attorney. There is a hard 2 year statute of limitations that will be running soon.
    Answer Applies to: Michigan
    Replied: 7/13/2011
    Judnich Law Office
    Judnich Law Office | Martin W. Judnich
    Your first step is to visit with a reputable attorney from the state in which this injury occurred. A licensed attorney for that state can give you your options, and most importantly, determine if you have any statute of limitations deadlines that may or may not have been missed by now.
    Answer Applies to: Montana
    Replied: 7/13/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    There are a lot of issues, for example: 1.You have a Statute of Limitation issue, since 2 years will be up soon. 2. You need to discuss other issues with your doctors, for example: was there a mistake, could it have been easily avoided and are your current medical problems caused by that mistake? 3. You need to discuss all of this with a lawyer that handles these type of cases.
    Answer Applies to: Delaware
    Replied: 7/13/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    If you are in OR, your time limit for filing is 2 years from the date of your injury, so you need to contact a lawyer immediately.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You must get all medical chart material and find a doctor who agrees with you that some negligence occurred. You cant start a case without a doctor on your side.
    Answer Applies to: North Carolina
    Replied: 7/13/2011
    West law Office
    West law Office | Russell West
    It is difficult to know if you have a case at this point. What must be proven is the doctors violated the Standard of Care when administering the shots. If they followed procedure and you had an adverse reaction which may be a risk factor then it would be a difficult case to win. If you can prove the administering doctor was not properly trained or qualified and administered the shots in the wrong positions it is possible you have a case. I would google seach for a medical malpractice attorney in your area. This is not a case you could handle easily on your own.
    Answer Applies to: Washington
    Replied: 7/13/2011
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