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John David Kelner

John Kelner’s Answers

63 total


  • 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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  • Can I sue the hospital for giving me a blood transfusion from the K-positive blood type, when I was actually K-negative?

    I'm pregnant with my second child and just found out I'm high-risk and need special follow-ups due to the fact that I have anti kell antibodies in my blood, from getting the wrong type of blood in a transfusion. Can I sue the hospital for that?

    John’s Answer

    From my knowledge, blood donors are not screened or typed for Kell positive or Kell negative. Thus when you received (and I presume needed) the transfusion there were three choices. 1 - don't give you any transfusion; 2. give you the transfusion without testing for Kell or 3. give you the transfusion only after checking you for Kell + or - and ditto for the donor blood.
    This is so new that as noted before, blood from donors is not typically screened for this. There is discussion about not transfusing blood to any woman of childbearing age due to the possibility of developing the antibodies which may affect a fetus in the future. The current 'standard' as I know it does not say this is or is not malpractice. The only way to know is to get your medical records and speak to a malpractice attorney. It is not typical that standards of care vary from place to place, but this is one case where there may be an exception.

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  • My daughter pastaway of NEC but nearly4days before herbelly was hard nround butnoone did anxraythen.Is this a neglec?

    My daughter pastaway of NEC but nearly4days before herbelly was hard nround but noone did an xray then. They had told my husband and i that it might be stool or her feeding. Remind u she was 3wks old. Could it be neglection? Could of my daughter s...

    John’s Answer

    Again, I am sorry for your loss. I presume you are speaking of necrotizing enterocolitis. No one will be answer your question without getting much more information and reading the medical records. It will be important to know if your baby was born before 40 weeks and if so how long - just as a beginning to investigate this. See a qualified attorney as soon as possible. There are limits on the time when you can bring a claim.

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  • Can you sue for wrongful death of a family member who overdosed on pain pills from the pain clinic Doctor?

    My sister was addicted to oxycodone and this pain clinic Doctor was prescribing her 165 oxycodone pills a month. My sister used many excuses to get these Doctors to write prescriptions for her but she did not have anything physically wrong with h...

    John’s Answer

    I have actually tried one of these cases, years ago. I represented a defendant and the facts were somewhat different. In my client's case, the patient went to several doctors and none of them knew about each other. This resulted in a defense verdict. That does not sound like your case. You did not indicate what the specific dosage was of the pills, the frequency or the brand or generic name of the pills. Many different pills contain oxycodone. Some have aspirin, some have ibuprofen. The short answer is that you need to get all of this information and if you have them, a set of records and go speak to a medical negligence attorney. There is a possible claim. You did not indicate if she was married, had children or what her age was. All of these are important questions for an attorney trying to evaluate whether or not it is practical to bring a claim. Good luck.

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