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David Ian Schoen
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David Schoen’s Answers

11,507 total


  • What recourse should be taken and what type of attorney is best suited to handle medical cases such as this?

    Hello. I have just learned that my mother during surgery at a Denver area hospital, was exposed to hepatitis B/C as well as HIV. As a surgical tech was alleged to have been involved in drug diversion. This has since hit the news. My Mother will no...

    David’s Answer

    Any attorney experienced in medical malpractice cases would be appropriate. You can do an AVVO search on this site for such attorneys in your area, do a google search and/or contact your local bar association for a referral. The more leg work that you do, comparing things like experience and client reviews, along with interviewing the attorneys yourself will lead to the best results.

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  • I injured myself on a neglected flower bed fence maintained by a building. Need to file lawsuit.

    I injured myself on a neglected flower bed fence maintained by a building (damaged sharp edge on a post, never repaired). I wasn't paying attention while walking and reading and tripped on it. I cut the skin of my knee open and needed stitches. ...

    David’s Answer

    A lot more information is necessary which requires an immediate consult with an experienced NY personal injury attorney. It is possible that you may have to file a Notice of Claim within 90 days of the accident depending on who is responsibve.

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  • Can I get my 20% refunded for unnecessary root canal performed last week on tooth that was cracked & now needs to be extracted?

    My dentist referred me to endodontist for an evaluation of an abscessed tooth & possible root canal. The endo could tell if the tooth could be saved and to check for cracks in the tooth before performing a root canal. (Yet if the tooth couldnt be ...

    David’s Answer

    • Selected as best answer

    First, you need to consult with another dentist and bring him copies of the original films to see if the fracture could have been seen before the root canal. Vertical fractures do not necessarily show up clearly on films, so it is possible that he did not see it if it was vertical, Although the fact that he was able to see it on your next visit is troubling. If it was a horizontal fracture than it a root canal may have been appropriate. The short answer is that the only way to be certain if there wa malpractice is to consult with an experienced dental malpractice attorney in your state. If there is you may be entitled to much more than a refund of your deposit.

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  • Should I sue dentist or ask for any kind of monitory refund due to my inconvience?

    I've been going to this dentist for almost 7-8 months now I've had my wisdom teeth done ect. Only issue I've had with them is one dental surgeon or whatever he is (he's the one that does the fillings) blantenyly lied to my face and pretty much moc...

    David’s Answer

    It is difficult to tell from the brief description that you gave. I would suggest that you get a free consultation with an experienced dental malpractice attorney in your area who can get the necessary information to properly advise you.

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  • Does she have a case?

    My sister went to the ER twice within the last week , because her foot was hurting. They took xrays and sentbher home saying they couldn't find anything and that she probably just sprained it. Pain was constantly getting worst so she made an appoi...

    David’s Answer

    Probably not a case worth pursuing. Sometimes swelling can prevent an x-ray from showing a small fracture. More significantly, even if there was malpractice in reading the x-rays incorrectly, you would have to be able to prove that as a result of that her injury became significantly worse and permanent to justify bringing a claim.

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  • Was injured in weis supermarket in Easton PA

    I was injured when cases of water fell on me, my eyes were damaged when my glasses was hit and the lenses hit my right eye. I had to have surgery done on my right hand, as my finger was damaged. My right knee was pinned and swollen and damage nerv...

    David’s Answer

    It would be wise to have no further contact with the insurance company and immediately consult with an experienced personal injury attorney in your area. You are ill equipped to do yourself justice by attempting to do this alone and may be making mistakes which will cost you dearly later.

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  • He hit my car and I didn't get his insurance information, what do I do?

    Last month I was rear ended. I got a photo of the man's driver's license. He told me that he wanted to pay out of pocket, this accident delayed me on my way to work. When I asked to see his insurance card, he said it wasn't necessary since he was ...

    David’s Answer

    If you were injured, immediately consult with an experienced NY personal injury attorney. If not, file a police report ASAP and follow up with your own insurance company to pay the claim.

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  • I had laser surgery to remove hernia on Oct 6 now I have abesa went to er yesterday they took mri

    Should they have found abse when taking out hernia

    David’s Answer

    No, you should not have gotten an abscess. However, the fact that you did, by itself, is not sufficient to support a medical malpractice claim. If your abscess is treated promptly and heals well, then there is nothing worth pursuing here. However, if you have lasting, significant injuries from either the abscess itself or the failure to timely diagnose and treat it, then immediately consult with an experienced PA medical malpractice attorney.

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  • Do I have a case?

    I had an ectopic pregnancypregnancy this March. I was given methotrexate to terminate the pregnancy since they found out it was in my tube. That same week I went for a checkup to make sure I was doing fine after I was given the methotrexate, I in...

    David’s Answer

    Fortunately, it appears that you are OK now. Which means that there is probably not a case worth pursuing. If you are having continued problems, and they could have been prevented by appropriate testing which was not performed then immediately consult with an experience local medical malpractice attoorney.

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