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Joshua L. Berger

Joshua Berger’s Answers

5 total

  • My son was born on 11/1995, and has been diagnose with ADHD and with a learning disability.

    I think he was born this way, because of the delay in birth, which took about 22 hrs to be born. My water broke 22 hrs before he was actual delivered. i think he should come out sooner, but the doctor did not do anything

    Joshua’s Answer

    The law concerning medical malpractice varies from state to state. However, it is very similar throughout the U.S. I'm an attorney in Pennsylvania. Under the law of Pennsylvania, it is necessary to prove both (1) that the doctor, nurse or hospital violated acceptable standards of medical care and (2) that the violation caused some injury to you that would not have otherwise occurred. It is necessary to have a medical expert testify in court about these matters.To get a definitive evaluation of your case, you will will need tohire an attorney in the state where the medical care occurred. The attorney will obtain your medical records and have a medical expert(s) review the records to determine whether you were given substandard care.

    Please be aware that there is a statute of limitations. If you don’t file a lawsuit prior to the expiration of the statute of limitations, you can never file a lawsuit to obtain compensation for your injuries. For this reason, if you are interested in pursuing this, you should call an attorney in your state immediately. In Pennsylvania, where I am licensed to practice, you must file the lawsuit within two years of the date of the injury; however, if the case involves a minor (under 18 years of age), the case may be filed within 2 years subsequent to the person's 18th birthday. The parents may have a claim for the costs they incurred, but those claims may be subject to the two years from the date of injury.

    In your case, it is very important to obtain and review the fetal monitor strips which recorded the heart rate of your child. Please click here to read more about fetal heart rate monitors:
    http://www.bergerlagnese.com/library/pittsburgh-fetal-heart-rate-monitor-attorney-pa-baby-injury-lawyers.cfm.
    These strips will tell you whether your child was having fetal distress during childbirth which would have necessitated an emergency c-section or other emergency action to be taken. Cerebral palsy, brain injury, developmental delays, and attention deficit disorder may be caused by fetal distress resulting in a lack of oxygen being delivered to the child.
    For more information about medical malpractice during childbirth, please see the following information:
    http://www.bergerlagnese.com/library/pittsburgh-pregnancy-attorney-pa-placental-abruption-lawyers.cfm

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  • Do I have a cause to seek legal advice for my breast augmentation surgery that went wrong?

    Had cosmetic surgery at a clinic in Lauderhill, fl, the incision was made on the folding of my breasts but the right side implant was plced way below the folding line and as a result my right breast looks like it has bubble underneath. Another doc...

    Joshua’s Answer

    • Selected as best answer

    The law concerning medical malpractice varies from state to state. However, it is very similar throughout the U.S. I'm an attorney in Pennsylvania. Under the law of Pennsylvania, it is necessary to prove both (1) that a doctor violated accepted standards of medical care and (2) that the violation caused some injury to you that would not have otherwise occurred. It is necessary to have a medical expert testify in court about these matters.To get a definitive evaluation of your case, you will will need to get a copy of your medical records and have them reviewed by an attorney in the state where the medical care occurred.

    Please be aware that there is a statute of limitations. If you don’t file a lawsuit prior to the expiration of the statute of limitations, you can never file a lawsuit to obtain compensation for your injuries. For this reason, if you are interested in pursuing this, you should call an attorney in your state immediately.

    A problem in your situation is that medical malpractice cases are expensive to pursue primarily because you have to hire medical experts, as discussed above. If you have another surgery and it is corrected adequately, it is not going to be worthwhile to pursue a medical malpractice case.

    More information about medical malpractice is available for free on my website www.bergerlagnese.com

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  • My mother had some dental work completed but it was done wrong. What is the time frame to file a malpratice claim? i

    My mother is still having problems with her teeth. The dental claim was paid through her insurance company, who told her she would get her money back and yet nothing has happened. That was almont three years ago. What can be done to file this claim?

    Joshua’s Answer

    The rules that answer this question are called “Statutes of Limitations”. These rules provide that if you don’t file a lawsuit within the time allotted, you can NEVER file a lawsuit to be compensated for your injuries or the death of a loved one. Each state has its own Statutes of Limitations. I'm an attorney in Pennsylvania. In Pennsylvania, a lawsuit to recover damages for physical injuries caused by the wrongful act or negligence of another must be filed within two years. In general, the two year period begins to run on the date the injury was sustained. There is an exception to the general rule, and it is called the discovery rule, which applies where the existence of an injury is not known to the injured person. In such cases, the two year period begins to run once the injured person has knowledge or through the exercise of reasonable diligence should have knowledge of his/her injury and the cause of his/her injury. However, the injured person does not need to know that his/her injury was caused by wrongful conduct.

    More information about statutes of limitation is available at my website: http://www.bergerlagnese.com/faqs/what-does-statute-of-limitations-mean.cfm

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  • If a doctor is neglegent in contacting you about life saving test results can you legitamately sue?

    The nurse called me back 2 months later saying that I have to come back for further testing and treatment. She actually said she was just plain slow at calling people back.

    Joshua’s Answer

    The law concerning medical malpractice varies from state to state. However, it is very similar throughout the U.S. I'm an attorney in Pennsylvania. Under the law of Pennsylvania, it is necessary to prove both (1) that a doctor violated acceptable standards of medical care and (2) that the violation caused some injury to you that would not have otherwise occurred. It is necessary to have a medical expert testify in court about these matters.
    In your situation, it is my opinion that reporting critical lab results to you 2 months after they received such results would be a deviation from acceptable standards of care. However, you would need to also prove that the delay in reporting the results to you caused you an injury that you would not have otherwise suffered but for the delay. You did not provide any information about that in your question.

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  • I would like to know if i have a medical malpractie suite.

    I was admitted to the hospital in nov 2008 with diverticulitis trying to heal infection with IV, however, while in hosp my colon perferated and emergent Sx was performed and came out with a colostomy bag. March i went back in for a colostomy reve...

    Joshua’s Answer

    The law concerning medical malpractice varies from state to state. However, it is very similar throughout the U.S. I'm an attorney in Pennsylvania. Under the law of Pennsylvania, it is necessary to prove both (1) that a doctor violated accepted standards of medical care and (2) that the violation caused some injury to you that would not have otherwise occurred. It is necessary to have a medical expert testify in court about these matters. I'm not an expert on diverticulitis but it's my understanding that a perforation can occur without the negligence of any doctor. That sounds like what happened to you. As for the knicked spleen, this can occur even with the utmost care, i.e. it would not be negligent, and the doctor recognized it and fixed it. Of course, if it occurred due to the absence of reasonable care, that would be negligence.
    To get a definitive evaluation of your case, you will will need to get a copy of your medical records and have them reviewed by an attorney in the state where the medical care occurred.
    Please be aware that there is a statute of limitations. If you don’t file a lawsuit prior to the expiration of the statute of limitations, you can never file a lawsuit to obtain compensation for your injuries. For this reason, if you are interested in pursuing this, you should call an attorney immediately.

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