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John Frederick Eversole III

John Eversole’s Answers

3 total

  • What the best way to take care of a botched breast reduction

    very bad breast reduction. the new breast look nothing like photos that were shown to me. different size, one up and the other is down, huge scar down the front. very ugly. still have back, shoulder and neck pain

    John’s Answer

    I have had a number of these cases and the case may turn on the papers you signed as so-called "informed consent" forms. They are self serving , of course, for the surgeon, but they do not excuse malpractice. You probably signed forms that talked about scars, and appearance, etc. which will be used as evidence that you knew the risk. That is really never true because no woman would ever have the procedure to end up like some of my clients. I think juries see through those forms and know that they just give the surgeon excuses later.
    I have also noticed that, with the proliferation of cosmetic surgery today, the stigma or prejudice that juries in the past may have had against these types of procedures is less and less today. Good luck to you.

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  • Question regarding malpractice. Would the following be considered medical malpractice (Misdiagnosis ect)

    I had a cervical fusion c4/c5 Jan 2012 and on Dec 2012 I had a CT scan which the radiologist stated the fusion was not complete because of a defect with the bone graft. My doctor stated in regards to this ct scan in his medical notes that the Fusi...

    John’s Answer

    Like everyone says, a complete review of the records would be needed, as in every medical malpractice case. However, on its face , I think your case bears investigation and merits your time and expense to get the records as soon as possible. There is usually a relatively short Statute of Limitations(SOL) in every state so you need to consult as soon as possible.

    Two things: most states have a proviso that the SOL starts when you knew or should have known about the malpractice--the doctor's cover up or error in reporting your actual condition will extend the starting date for the SOL. The second issue is damages...these case are very expensive and time consuming, so an attorney will want to know from your doctors if ,hopefully , another surgery can repair the situation and you can return to health. You still have damages of course, but not to the level if your current condition cannot be remedied. I certainly hope that is not the case--I wish you the best.

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  • Should I wait to speak to a lawyer?

    I had foot surgery and I think that when i was sent to physical therapy i believe that they messed up my toe that was surgically fused and not to be moved. My question is should I wait till im done with treatment from my dr.that did the surgery ...

    John’s Answer

    • Selected as best answer

    NO, I say never wait if you are concerned about malpractice. Consult certified medical malpractice attorneys and they will let you know if they want you to wait for any reason. He or she will be concerned about the applicable Statute of Limitation first. Then explain the facts and your thoughts on the facts to the lawyer to allow him or her to come up with a sound game plan. Thank you and good luck!

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