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John David Kelner

John Kelner’s Answers

66 total


  • How would I go about finding a medical malpractice attorney

    cut my finger on a piece of glass I went to the hospital where the doctor told me it wasn't that bad give me three stitches and a suture kit and told me I did not have to return to get the stitches removed I could remove them myself my finger slow...

    John’s Answer

    Most people have tendons which control their fingers. Most run in the same places. There are anatomical oddities and variations so I have to answer this by assuming that your have normal tendons in normal locations. Interestingly, some of the tendons don't make logical sense on locations. For example, the tendon which controls the tip of your finger is closer to your palm than the one which controls the middle joint. That doesn't make sense to me, but a cut of the finger where the finger meets the palm should cause any doctor to do movement tests to check for tendon injury. Even superficial injuries (that look superficial) can be a problem. And yes, doctors who are not paying attention or who are rushed may simply suture the wound not realizing that there is a tendon injury. And the tendons will retract if cut and become impossible to reconnect. If your tendons are going to reconnect you are very lucky. You did not indicate where the cut was or what hospital you were at or who has treated you after. The bottom line is that it is expensive to bring malpractice claims and if you don't have large damages, most attorney's can't undertake them on a contingent fee. Go speak to a malpractice attorney who does these types of cases. You also did not mention WHEN this happened. There are time limits to bring a claim. Be careful to seek help quickly.

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  • I would like to know if I can take to court the manufacturer of the knee prosthetic device which I believe became infected?

    I'm a vet and 4 years ago I received a total knee. The surgery was a success. 4 years later my knee became infected and I had to endure the most painful,mentally and physically 4.5 months in the hospital waiting to receive my new knee. They remove...

    John’s Answer

    It is possible that there is a defective product involved. You will need to get the name of the manufacturer and model number and speak to an attorney who does products liability cases. I can refer you to one if you need that. Not everyone who does medical negligence cases does medical product negligence cases. If you know someone go see them. If you ask most medical negligence attorneys, they will know someone who does medical products work. Good luck.

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  • Doctors gave my father an ennama but while doing so, punctured his colon and he died from toxins,

    I just found out and it has been 4 years. I think hospital also covered it up by saying heart attack.

    John’s Answer

    The good news is that the statute of limitations extends to 7 years for fraud or concealment. The bad news is that you do not likely have a claim worth pursuing. Adult children (over age 25) do not have medical negligence claims (damages) allowed by the State of Florida for pain and suffering. If he is married his wife may have a claim. You should consult an attorney asap if he was married or was supporting you.

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  • Can I sue if the er Dr prescribed me a medication that contains aspirin(I'm highly allergic to aspirin)

    I went to the ER because I had chest pain , Dr prescribed naproxen which contains aspirin and is family with ibuprofen (I'm allergic to ibuprofen and aspirin) they knew I was allergic because they ask for your allergies , and I clearly stated it ,...

    John’s Answer

    You can sue anyone for anything if you want to pay an attorney. You may not win. What you are asking is will an attorney take your case on a contingent fee, spend their time and money to pursue a claim for you. and get paid back for their costs and paid for their time ONLY if they win and ONLY if they win enough to cover their costs and time. Right? As the first attorney responded, if you have no permanent injury, the costs and time far exceed any possible recovery even if the treatment you received was substandard. That's the economics of litigation.

    I am not a physician so this is from a medical negligence attorney only. There is no aspirin in naproxen. Naproxen is an NSAID. So is ibuprofen. Some people are allergic to both ASA and NSAIDs. If you are one of them and you learn this in this way without permanent injury, it was a cheap lesson. Stating your are allergic to ibuprofen does not mean you are allergic to all NSAIDs. But sure, a good doctor should wonder if you are and take caution before prescribing them. Now YOU know and YOU can take better care of yourself next time. You can provide this allergy history and should. No one would want to go through that again.

    In all likelihood they prescribed a short course of prednisone for 4-5 days and after day 2 you should have seen significant improvement. If you are not improved after a few days GO BACK TO THE DOCTOR and let someone examine you. A short course of steroids likely won't hurt you. If it does not hurt you, your "injury" is small and not economically worth pursuit. I am not sure why they prescribed antibiotics. There is not enough information in your note to justify that. Antihistamines can often help this allergic reaction and that is sometimes the first course of care if your condition was not serious on first presentation.

    To answer your question - you don't want to spend your money on an attorney or the costs pursuing this claim.without a permanent injury. Neither do most attorneys. If you are not sure of this advice, call an attorney or two and ask. If you feel you have an injury beyond the, perhaps, ignorant treatment and few days of discomfort and medical costs of treatment, be sure to see an attorney to discuss this.

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  • Does ER have to follow strict protocols when treating ER patient or is it the ER Doctor discretion?

    I went to ER for medical Emergency but the Doctor failed to follow any of the 9 step protocol for my condition. I was NOT treated at all, only triage and finally put in group treatment room, Doctor never even looked at me. but told nurse to disch...

    John’s Answer

    • Selected as best answer

    It is suggested that you get a copy of your records and see a medical negligence attorney.

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  • Can I sue a hospital for lying to me about my diagnosis ?

    Long story short.. The doctor lied to me about my dead unborn baby. I had abdominal pain they did a ultrasound.. they said everything was okay they heard heartbeat. then they did vaginal exam , I noticed bleeding afterwards and the nurse said its...

    John’s Answer

    First my sympathies about the loss of your child. Next, I am not sure what proof you have of your child being 'dead' during the first exam. IF the records show that your child passed and they documented that it was ok, that's one story. You will need to obtain the medical records for that. Then there is the incomplete D/C. You will need those records. Find a malpractice attorney to review these and discuss what damages you have as a result of any negligence. Do you have any? A repeat d/c, while traumatic to you, is not typically sufficient damages if that is the only damage, to warrant the costs of a medical negligence claim. You will need to ask an attorney and discuss with him/her.

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  • Can a surgeon still be sued even if they don't have malpractice insurance. If so, what are the limitations?

    I sustained liver damage 14 days ago from a laparoscopic cholecystectomy and have the labs to prove it. This injury has not only resulted in constant upper abdominal pain and elevated enzyme levels but makes it impossib...

    John’s Answer

    • Selected as best answer

    Anyone can be sued for anything. What you mean to ask is whether or not an attorney would undertake a claim against an uninsured doctor. I suspect that the answer depends on the attorney.

    PSC which I think you meant is primary sclerosing cholangitis. That is typically caused by an auto immune disorder. If the damage you have is ONLY 14 days old, you may need surgery to fix the problem. First, I would recommend that you seek medical care and opinions from other people. When things quiet down and you have taken care of yourself medically, get your records and speak to a medical negligence attorney.
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  • Should I seek justice

    I was missed diagnosed with a broken ankle they kept telling me it was a sprained ankle but I walk and worked with it for three months it was a bad broken ankle I had to geteemergency surgery and if they would have diagnosis me right and put a cas...

    John’s Answer

    If you have suffered a permanent injury as a result of the delay in diagnosis and you have someone willing to testify that the injury IS AS A RESULT OF THE DELAY and not just the original injury, BY ALL MEANS get to a medical negligence attorney to review your records. If your current treating doctor will not testify that the DELAY CAUSED your injury, there may be MUCH LESS of a possibility that an attorney will want to take your case. Be aware that there are strict time limits to bring a claim. Act on this asap if you are going to act at all.

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  • What kind of lawyer should I find to sue a dentist for fraud and malpractice?

    My wife when to a dentist for an implant and paid in advance ($3,500). It has been more than a year and the implant still isn't complete. She has been going once or twice a month and there's always an excuse (we lost your record, the crown hasn't ...

    John’s Answer

    First, only a few attorneys ADVERTISE dental malpractice as a specialty. There is no such certification in Florida. I do dental negligence cases (on both sides) and can tell you the same as others. The cost of pursuit for the attorney (and eventually the client) on the negligence claim alone is NOT worth pursuing.
    Second, the complaint should be to the Board of Dentistry in Florida. You can google them and get a complaint form.
    Third, her health is more important than any of this. You wrote "a dentist" and not an oral surgeon. Enough is enough if your facts are true. Don't go back. Find someone who does this work, get your records and take care of her health.
    Last, there may or may not be a case of fraud here. When you get a set of your records (your new oral surgeon should be happy to provide you a copy at a low cost) go see a medical negligence attorney. I would think that most medical negligence attorneys know how to handle this or refer you to someone who does. Remember we don't know dentistry - we hire someone who does to help us understand and decide if this is a claim to take. There are a few med.neg. attorneys who are dentists too. You can find one of them if you like. Good luck with this.

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  • I pd for dental x rays are they mine or do they belong to the dentist? Is this legal

    4 months ago I paid for a set of full mouth dental x rays--are those x-ray mine? Dr says they are not mine but if I want a copy emailed to me it will cost me $25---however, she added the x-rays don’t turn out very good via email. Old dr. will...

    John’s Answer

    This is an interesting question which I have have faced representing both health care providers and patients. Health care providers are required to keep records and KEEP the records. In most instances a photocopy will do or if things get tricky, a color photocopy will do to share these with others. The medical records are NOT the patient's. Patients do not own the records, The health care provider owns the records which they generate. If you brought something to the health care provider, you are entitled to have THAT back, but otherwise, the records are THEIRS. Florida Statutes allow and mandate in several areas that you are entitled to copies at a price, but sometimes copies will not do. Pathology slides are another example. Pathology slides are created by taking tissue, putting it in wax blocks and slicing pieces of it. By definition, one slice is DIFFERENT than any other slice. And you can't photocopy those either.
    Copies of x-rays are notoriously bad even when done by professional x-ray copy services. Minute details get fuzzy. In any event, if you want copies, a photocopy won't do you any good and a professional x-ray copy may not either.
    The good news is that many dentists these days use digital film (the sensor they stick in your mouth instead of film). Like many digital tests (MRI's CT scans, etc), each ORIGINAL is exactly the same as the other. It's digital and can be copied to a disc or memory drive. It is certainly not required to use digital x-rays and some dentists swear by actual film as being the 'gold standard'.
    You didn't pay for the x-ray 'pictures'. You paid for the service of taking them and having them read by the dentist. You may also find it interesting to know that this concept applies to mammograms too. When taking mammograms year after year, it's best to compare original to original. Yet, having them done at different facilities can be problematic. No facility will want to release their original films. This is such a tricky issue, I was involved in an appeal where the trial court ruled for the patient to secure the originals. The appellate court split in their decision as to WHO owned the records and had the right to possess the originals, 2-1.
    Interesting question. Best answer - use a dentist who uses digital x-rays. A copy will be inexpensive (on a disc) and it's the same as an original.
    I could be wrong. This is my experience.
    While I don't ordinarily answer questions like this in a MALPRACTICE forum, this was sufficiently interesting that I thought many people would like to read this answer.

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