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Richard Henry Abend

Richard Abend’s Answers

2 total

  • Can I sue a radiologist for falsely interpreting my test results?

    I was going to a medical imaging center for a couple of years for MRIs and MRAs of my brain and I was told that I had an aneurysm. Just recently I did an MRA and it was written in the report that the aneurysm could not be seen and my history of th...

    Richard’s Answer

    In order to have a viable case against the radiologist you would need to show they departed from accepted practice in their interpretation of the MRI/MRA films. Additionally, you would need to show that the departure caused you some injury. Your question does not provide enough information to give a meaningful response. What happened as a result of the alleged improper reading by the radiologist(s)? Did you have unnecessary surgery?

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  • Further to Parent's Wrongful Death/Medical Malpractice-I received 2 very different answers - Can my Dad's Will play a role?

    With all due respect, Attorney Mary Katherine Brown replied, 'In the event of my passing before my father's wrongful death matter is concluded, will my share pass to my children?' No. In the event of my sister's passing, who will receive her sh...

    Richard’s Answer

    Unfortunately there is not enough information to give a complete answer but there is likely a cause of action for your father's pain and suffering from the date of the alleged malpractice to the date of his "wrongful" death as well as a cause of action for the economic and other damages resulting from his actual death. The Will, assuming it is probated, only controls the cause of action for pain and suffering which is an asset of the estate. The wrongful death cause of action belongs to those distributees (next of kin) that suffered pecuniary loss as a result of your father's death. So, in this instance, any pecuniary suffered by your sister as a result of your father's wrongful death would belong to her and if she died, her estate.

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