John David Kelner’s Answers

John David Kelner

Hollywood Medical Malpractice Attorney.

Contributor Level 10
  1. Can you sue for wrongful death of a family member who overdosed on pain pills from the pain clinic Doctor?

    Answered 8 months ago.

    1. Alexander Alvarez
    2. John David Kelner
    3. Kenneth Joseph Bush
    4. David A. Papa
    5. Sean Cleary
    6. ···
    11 lawyer answers

    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....

    18 lawyers agreed with this answer

  2. My Case Settled for $100000 and attorney took $40000, so after paying medicals bills I getting $13000. Is that legal?

    Answered about 1 year ago.

    1. John David Kelner
    2. Clifford M. Miller
    3. Jeffrey Ira Schwimmer
    4. Charles Michael Tobin
    4 lawyer answers

    In this instance, "legal" is what you agreed to. Certainly you were not required to accept any settlement offer (even though it may have been in your best interests to do so. I suspect that you consented to the $100,000 settlement and have signed papers consenting to both the attorneys' fees, costs and handling of the medical liens and bills. Sometimes, but not always, medical bills can be negotiated. If you have NOT agreed to this, then don't until, as the other attorney has suggested,...

    13 lawyers agreed with this answer

  3. When does the statute of limitations take place in med malpractice? From the injury date or from the last dday of treatment?

    Answered over 1 year ago.

    1. John David Kelner
    2. Charles B. Upton II
    3. David Hughes Harris
    4. Kenneth Lee LaBore
    5. Chris Matthew Limberopoulos
    6. ···
    6 lawyer answers

    What an interesting question. And the answer is that IT DEPENDS. This is a very complex issue and there are dozens and dozens of cases reviewing fact patterns of each specific set of facts. The printed rule is that it is two years from when you should know that there was an injury which could have been caused by medical negligence, but not greater than 4 unless there was fraud or concealment and then 7. The answer is that only a trained professional in this field can give it his/her best...

    13 lawyers agreed with this answer

  4. Can I bring a lawsuit against a doctor/hospital that is not technically a "malpractice" suit?

    Answered almost 2 years ago.

    1. John David Kelner
    2. S. David Rosenthal Esquire
    3. David Bradley Dohner
    3 lawyer answers

    It's hard to know how many will read this response but it is not directed at just you. I have seen dozens of questions recently which start of with "Can I sue?" or "Can I bring a lawsuit." The answer to all of these (assuming that there is not fraud in the claim) is typically or should be typically, "Sure you can." But that's not the real question which is being asked. What you and everyone else is asking is "Will an attorney take my case on a contingent fee and invest his/her money...

    12 lawyers agreed with this answer

  5. Do I have a malpractice case?

    Answered 8 months ago.

    1. Thomas John Chapman
    2. Michael Brevda
    3. John David Kelner
    4. David Ian Schoen
    5. Michael R Varble, Esq.
    6. ···
    9 lawyer answers

    As others have said, you need your case evaluated, but you must know and must have been told that a laparoscopic procedure (if this was one) carries a risk of unintended punctures and burns. It is likely on the consent form. The "good news" is that they recognized that when you were under anesthesia and did not have other complications from an infection and more. Even so, there can be those outcomes with and without negligence so you have to get someone to look at your claim and that...

    11 lawyers agreed with this answer

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

    Answered 8 months ago.

    1. John David Kelner
    2. Jennifer L. Ellis
    3. Kenneth Joseph Bush
    4. Christian K. Lassen II
    5. David A. Papa
    5 lawyer answers

    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.

    10 lawyers agreed with this answer

  7. I need a lawyer to file a malpractice suit against an uninsured doctor. I definitely have a case (confirmed by a law firm).

    Answered about 1 year ago.

    1. John David Kelner
    2. Allan Zelikovic
    3. Elizabeth Taylor Herd
    4. Christian K. Lassen II
    5. David Ian Schoen
    5 lawyer answers

    Consider how you vote for your elected representatives very carefully. - - - a few notes: 1) Any surgery carries with it the risk of infection. Getting an infection is not necessarily evidence of medical negligence. 2) Tissue expanders rupture. From my last experience I think I read that they were 'good' for 6 months, but certainly a rupture is not evidence of medical negligence all on its own. Last - it is VERY difficult and EXPENSIVE and sometimes not financially feasible to represent...

    9 lawyers agreed with this answer

  8. How is standard of care determined when the experts are split 98/02?

    Answered over 1 year ago.

    1. John David Kelner
    2. Christian K. Lassen II
    3. Andrew Daniel Myers
    3 lawyer answers

    Standard of care is not decided by taking a vote of 100 experts. Each side gets one expert. And THAT presumes that you have an injury which warrants the large expenses of pursuit of a medical negligence claim and presumes that the misdiagnosis and ultimately correct diagnosis (hopefully) (the delay in correct diagnosis) caused the damages you have. So the answer to your question is that it doesn't matter how many "experts" agree or disagree. Only an experienced attorney evaluating your...

    9 lawyers agreed with this answer

  9. Can I sue for stiches being done wrong?

    Answered 8 months ago.

    1. Del Duane Hovden
    2. Elizabeth Taylor Herd
    3. Christopher Robert Dillingham II
    4. John David Kelner
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    All attorneys who have responded are correct in my opinion but have failed to really address a critical issue. One attorney wrote "only gross negligence"... that may be true, there aren't enough facts listed to know that to be correct. But no one is speaking about why someone with a minor injury believes that they can sue a doctor EVEN IF THERE WAS NEGLIGENCE! Why does no one attempt to educate the public on how restrictive medical negligence claims have gotten? One attorney referred to the...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Do I have a claim if the hospital settled a malpractice claim for my daughter with the mother but never notified me, her dad?

    Answered over 1 year ago.

    1. David John Glatthorn
    2. John David Kelner
    3. David B Pittman
    4. Marc Edward Stewart
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    I agree with the excellent advice and opinions listed already. Your facts as listed raise questions of proof of paternity, and must question why a hospital would settle any claim without notifying you. You may or may not have any rights. Contact a medical negligence attorney as soon as possible to review your case.

    8 lawyers agreed with this answer