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Elizabeth Taylor Herd

Elizabeth Herd’s Answers

2,716 total


  • Could either the surgeon or manufacturer of "parts" be at fault for the damage to the rods and the pain my daughter has endured?

    On 06/29/15, my daughter (then 17) had a spinal fusion to help correct scoliosis. An x-ray was done prior to her leaving the hospital, everything looked good. On 08/26/15 another x-ray was done. At that time the orthopedic surgeon said that a smal...

    Elizabeth’s Answer

    Right now the most important thing is for your daughter to get treatment and relief. If she has insurance that will pay for the second surgery and she ends up doing very well, which of course is our desire for her, -- in the end you would spend far more on medical experts than could be recovered. So, one step at a time, but it certainly wouldn't hurt to check with a local lawyer while you are seeking further treatment.

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  • How do I file a malpractice claim against her..

    My dr has accused me of taking illegal drugs and drugs. She stated that my ua had high levels of alcohol in my system. I am banned from getting my pain pills that I took for my back and leg. I have been so humiliated that I can't even bring myself...

    Elizabeth’s Answer

    If it is possible to speak to the doctor first to see if you can resolve this and have your labs repeated you should attempt to do so. This record may make it difficult for you to find other providers who will treat you. False positive tests happen all the time - see if your physician is willing to retest you and speak with you.

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  • What should I do? Can a lawsuit be filed in advance of my death from this? A loss of consortium stand-alone claim? My family hur

    Question is : What if Medical Malpractice is on-going? Under-treatment for pain, and " No diagnosis" or failure to diagnose. This is going into it's 8th year. I do not expect any lawyer to be " Siobhan Reynolds" here. I am growing rather despera...

    Elizabeth’s Answer

    It is very concerning that your undiagnosed condition has been going on so long. That may make it very difficult for any potential lawyer to pursue a claim. And more importantly you need to find out what is not being diagnosed so you need to go to new doctors and then see a lawyer to preserve any potential claim.

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  • What would make a gastric sleeve surgery, considered malpractice in a negligence matter?

    My mother has had a leak from her gastric sleeve surgery for the past 7 months. It has been unable to be fixed and has caused many medical problems such as sepsis and pneumonia. She almost lost her life a few nights ago from this.

    Elizabeth’s Answer

    There are many possibilities, but you as the claimant would have to show that either some kind of a perforation occurred that either should have been discovered or that should not have occurred or that the sleeve was improperly placed, etc. You would need to show some kind of act or omission through the testimony of a medical expert caused the damages she is experiencing. You should contact a local lawyer who handles medical malpractice matters.

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  • Is there any legal action we can take to have my wife's surgery done right and not have to pay for it a 3rd time.

    My wife had plastic surgery done on her breasts 3 months ago..When she finally healed one breast was completely flat. Then to fix it they made her pay more money. When the 2nd surgery healed it was the same thing one breast completely flat. Now th...

    Elizabeth’s Answer

    The facts you have relayed are very vague. There is no indication of the reason for a procedure or what the procedure was. There are many reasons why implants - if that is what was done, could rupture. Without knowing more I can venture nothing more than a guess. If you believe that your wife received substandard care you should first make sure that she sees the proper provider who can address the problem and then seek the advice of an experienced medical malpractice attorney.

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  • Do I have a case for medical malpractice?

    About 2 Years ago I was having palpitations and was sent to a cardiologist. After stress test ultrasound ekg and halter monitor. I was told I had "broken heart syndrome", and a damaged and enlarged heart. I was put on medication. Went to see Dr a...

    Elizabeth’s Answer

    You have not indicated several facts such as your age, medical history and family history that should be considered in fully evaluating your claim. However, generally it is my suspicion that we would spend more in payments to expert cardiology witnesses than we could recover to bring a claim on your behalf. Since all the civil system, by way of a jury, can do for you is to award you financial compensation - it would not make sense to pursue such a claim in the legal system. You can report this provider if you choose to through the Florida Board of Medicine located in Tallahassee. There clearly is no such thing as broken heart system unless the provider is referring to either stress or depression, both of which can impact your cardiac health. I hope that you are off this medication soon and that you fully recover.

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  • Do we have a case against Walgreen's ??? They openly admits the mistake ..

    My wife was put on ten mg of an intense pain/ antidepressant pill for fiber Malaga ...she went and picked u her prescription at Walgreens and began taking the meds ...immediately I thought the meds were way too strong as it would knock her out fo...

    Elizabeth’s Answer

    A pharmacists is not an enumerated medical provider under the statute in Florida, but you should still look for a Florida lawyer who handles medical claims who is better suited to address the medical issues. Do not delay, contact a medical malpractice lawyer in Florida.

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  • Can I fight the charges at the first hospital or am I required to pay even though they did not help me?

    I went to an ER at least 4 times in an 8 week span with the same type of symptoms. Each time I was told I was just depressed because the tests they chose to do showed nothing. I asked about checking my gall bladder at one visit & was told it wasn'...

    Elizabeth’s Answer

    If you were provided services based on your presentation to the ER- even if they were not helpful, but were reasonably necessary given your presentation - yes you still owe for those services. It doesn't appear that you are asking a medical malpractice question, but instead are fighting over a debt.

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  • How do I proceed?

    I went to a well known fertility clinic for IVF. I'm on my second round and had my egg retrieval. I had six eggs taken out. I got a phone call from my doctor saying they lost my eggs meaning they fell out of the dish. He kept apologizing and sayin...

    Elizabeth’s Answer

    I definitely think you should see a lawyer first. Make sure that you protect your rights and document anything that happens.

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  • Can anything be done for malpractice

    Father was cleared for pneumonia 3 separate times from the hospital , within a month span and then we took him to a different hospital ruffly 35 mile away .. Were he almost lost his life.. All his main organs were shutting down due infection and...

    Elizabeth’s Answer

    It depends on the facts and the damages suffered by your father. If he ultimately got the care he needed and is getting back on his feet so that his health is where it would have been had he received timely treatment - you would likely spend more on expert witnesses than could be recovered. God bless you and I hope your father is doing well now.

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