John Henry Fisher’s Answers

John Henry Fisher

Kingston Medical Malpractice Attorney.

Contributor Level 8
  1. 66 year old woman 15 day hospital stay resulted in stage 2 bedsores.

    Answered 9 months ago.

    1. Eric Edward Rothstein
    2. Christian K. Lassen II
    3. Jeffrey Bruce Gold
    4. David Ian Schoen
    5. Rafael Omar Gomez
    6. ···
    13 lawyer answers

    Total immobility is the most significant risk factor for pressure sores. With this risk factor, the hospital should have implemented a written protocol for pressure sore prevention---primarily consisting of turning and positioning the patient once every two hours and keep pressure off of the "pressure points" in her sacrum, shoulders and heels. Generally, stage 1 and 2 pressure sores can occur, even in the absence of negligence. However, once a pressure sore progresses to stage 3 or 4 (the...

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  2. Is there statue of limitation on wrongful death or medical malpractice lawsuit in the state of NY?

    Answered 8 months ago.

    1. Eric Edward Rothstein
    2. John Henry Fisher
    3. Dennis Wayne Tackett
    4. Christian K. Lassen II
    5. Mitchell Jan Birzon
    6. ···
    6 lawyer answers

    In New York, the statute of limitations for a wrongful death claim is two years from the date of death. You must file a summons, complaint and a certificate of merit within two years from the date of your grandfather's death, or you will be forever barred from suing. There is a shorter statute of limitations if a municipal hospital is involved. With municipal hospitals, the statute of limitations is one year and 90 days. You cannot bring a lawsuit until someone has been appointed as the...

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  3. I have wrongful death case going on my sister and my niece and daughter are on the papers I am admistrator

    Answered 7 months ago.

    1. Bruno Patrick Bianchi
    2. Jeffrey Mark Adams
    3. Jeffrey Ira Schwimmer
    4. John Henry Fisher
    5. David Ian Schoen
    6. ···
    10 lawyer answers

    The money for "pain and suffering" (or non-economic damages) will be divided according to the intestacy laws of New York, pursuant to the Estates Powers and Trusts Law. The division of the money will depend on your relationship to the decedent, i.e., son, brother, etc. If your parent died, and the only immediate surviving family members are you and your sister, the money for "pain and suffering" will be divided between the two of you. There is a separate claim for the pecuniary (or...

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  4. Medical malpractice (Due to Cortisone shot in knee which developed Staph Infection) . Septic Arthritis

    Answered 6 months ago.

    1. John Henry Fisher
    2. Patrick Joseph Higgins
    3. David Ian Schoen
    4. Elizabeth Taylor Herd
    4 lawyer answers

    A staph infection is an unavoidable complication of a cortisone injection. If there is a deviation from the standard of care, it would consist of a delay in the diagnosis and treatment of the staph infection. You need to request the nurse's progress notes and lab reports to determine if there were signs and symptoms of an infection in your mother's knee, such as redness, swelling and pain. The lab reports will provide the white blood cell count which will be elevated (above 10,500) when...

    5 lawyers agreed with this answer

  5. Was hurt at a bar. Lighting was dim. I was going to the restroom. Broke my ankle and had 2 surgeries. I sued the bar.

    Answered 7 months ago.

    1. Eric Edward Rothstein
    2. Steven Joseph Palermo
    3. Jason Alexander Richman
    4. John Henry Fisher
    5. Effimia Soter
    6. ···
    9 lawyer answers

    Without question, your liability expert should have been present during hte site inspection, and this could have affected the court's decision on the summary judgment motion. Your lawyer was trying to save money by not sending the expert to the site inspection and it cost you. However, bars are generally dark and poorly lit and therefore, the negligence claim against the bar was likely weak or non-existent. Even if the liability expert had been present during the site inspection, there is...

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    1 person marked this answer as helpful

  6. Can I sue a hospital for malpractice because of bad pathology report that missed my disease?

    Answered 12 months ago.

    1. Eric Edward Rothstein
    2. Vel Belushin
    3. Christopher Daniel Leroi
    4. Mitchell Jan Birzon
    5. John Henry Fisher
    6. ···
    9 lawyer answers

    The statute of limitations in New York State is 2 1/2 years from the date that the alleged negligence was committed (the statute of limitations can be significantly less than 2 1/2 years at municipal or state owned hospitals in New York). However, assuming you received treatment at a private hospital and the pathologist committed a deviation from accepted standards of medical care in 2001, the statute of limitations expired in 2003 or 2004. Even though you were likely unaware that the...

    3 lawyers agreed with this answer

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  7. Complaint about a urgent care center - care and charges

    Answered 8 months ago.

    1. Eric Edward Rothstein
    2. David Ian Schoen
    3. Jeffrey Ira Schwimmer
    4. Mario David Cometti
    5. John Henry Fisher
    6. ···
    7 lawyer answers

    You should be grateful that the physicians' assistant was ultra-cautious. Abdominal aortic aneurysms can be diagnosed based on a physical examination--typically, an abdominal aortic aneurysm presents as a hardening of the aorta on a physical exam. The physicians' assistant could have sought confirmation of the diagnosis from his/her supervising physician at the urgent care clinic. With a potential life-threatening condition, I am surprised you were not seen by the physicians' assistant's...

    3 lawyers agreed with this answer

  8. How long do hospitals keep medical records from surgery and how do I go about obtaining them.

    Answered 7 months ago.

    1. John Henry Fisher
    2. Patrick Joseph Higgins
    3. Eric Edward Rothstein
    4. Konstantin Burshteyn
    5. Andrew T. Velonis
    6. ···
    9 lawyer answers

    Hospitals are required to keep your medical records for six years from the date of your last treatment unless you were an infant (under age 18). Assuming you were an adult at the time of the testicular surgery 30 years ago, it is likely the hospital no longer has your medical records. You should contact the medical records department of the hospital to inquire if they still have your hospital records and if so, you can request a photocopy (for a fee of .75 centers per page) or conduct an "...

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  9. I had sub tarsal fusion , it feel like the screws are sticking out passed bone,

    Answered 7 months ago.

    1. Andrew Lawrence Weitz
    2. John Henry Fisher
    3. Eric Edward Rothstein
    4. Jeffrey Ira Schwimmer
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    It is relatively common for surgical screws to protrude or loosen after surgery. Even if a second surgery is necessary, the protruding screw is an unavoidable complication of the orthopedic surgery and as such, there was no deviation from accepted medical standards of care by the surgeon. This is not a case.

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  10. Do I have a medical malpractice case

    Answered 6 months ago.

    1. David Herman Hirsch
    2. Alison Wholey
    3. John Henry Fisher
    4. Jared Daniel Stueckle
    5. Andrew T. Velonis
    5 lawyer answers

    You have a legitimate complaint against the surgeon and I recommend that you file a complaint against the surgeon with the New York State Department of Health. First, you should get the operative report, discharge summary and the billing records. If you can prove that the surgeon billed the insurance company for a surgery that he only partially completed, the insurer will have a claim for insurance fraud against the surgeon. As for a malpractice lawsuit, your monetary damages are very...

    2 lawyers agreed with this answer