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Wayne M Willoughby
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Wayne Willoughby’s Answers

5 total

  • Definition of medical negligence

    definition of medical negligence

    Wayne’s Answer

    The precise legal definition of medical malpractice varies from state to state but generally speaking involves any act or omission by a health care provider that deviates from accepted norms of practice (i.e., violates the “standard of care”) in the medical community and causes an injury to the patient. Some states define the relevant "medical community" broadly (i.e., how medicine is practice nationally--a "national standard of care"), others narrowly (i.e., how medicine is practiced in the specific community where the negligence occurred--a "strict locality" rule), while yet others hold an intermediate view (i.e., how medicine is practiced in the same or a similar community--a "modified locality rule"). Furthermore, some states identify the relevant "standard of care" as that followed by health care practitioners generally and others hold that the relevant practice norms are those of the specialty in which the allegedly negligent health care provider is engaged. Thus, in some states specialists are held to a higher standard of care than family practitioners treating the same condition. All in all, if you think you have been seriously injured by medical negligence, you should promptly contact an experienced medical malpractice lawyer in your area to give you advice specific to your circumstances.

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  • Can I re-open my sons birth injury case after being dismissed , it was never being taken to trial.

    ive'd applied for ssi security for my 3 year old Im still waiting for his eligibility.

    Wayne’s Answer

    I cannot comment on California law, but as a general rule one's ability to re-file a dismissed case is dependent upon such factors as whether the case was dismissed with or without prejudice, whether the statute of limitations or statute of repose has expired, whether the case had been previously dismissed, etc. If you are unable to re-file the case then another avenue of recovery may exist. If the case was dismissed due to negligence on the part of your lawyers at the time, then your son (and possible you) may be able to pursue a legal malpractice claim to obtain the same damages as you would have been entitled to receive had your first case proceeded to trial.

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  • Medical malpractice?

    my wife was recovering after surgery on the medical surgical floor. while there the nurse gave the prescribe pain medication and followed it by a sleeping pill this caused my wife to code she was lucky that i had been in the room and saw that she ...

    Wayne’s Answer

    A medical malpractice lawyers would want to know the residual effects from the code incident -- How is she doing now?. If there is no permanent damage from the incident, most lawyers would suggest that pursuing the matter as a medical malpractice would be economically unwise. I suggest, however, that you speak directly with a medical malpractice attorney, who would conduct a thorough interview and perhaps review the medical records for you and your wife.

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  • Vasectomy came undone?

    I had a vasectomy 10 years ago after fathering two children. Last month my wife became pregnant. After being tested it was determined that my vasectomy 'came undone'. Can I sue the doctor who performed my vasectomy for not doing a good job?

    Wayne’s Answer

    I would encourage you to investigate the matter; however, the human body is amazing and sometimes a properly performed vasectomy or sterilization will fail due to natural processes such as recanalization and fistula formation. The fact 10 years passed without incident would make me suspicious that the procedure was done properly and the late failure was due to the resiliency of the human body. Also there may be statute of limitations issues given the time that has passed. That would be a question under the law of the applicable jurisdiction.

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  • Cerebral palsey due to medical malpractice

    My nephew has cerebral palsey. I have heard that cerebral palsey may not be a genetic disorder but rather may be due to poor medical procedures at birth. If this is the case, what would my sister need to do in order to determine whether this was...

    Wayne’s Answer

    Simply have your sister contact me and we will figure it out together. Two of my 3 partners are doctors who became lawyers. (My third partner is a registered nurse who became a lawyer). We concentrate our practice on representing children with cerebral palsy due to medical negligence.

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