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Elizabeth Taylor Herd
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Elizabeth Herd’s Answers

2,670 total


  • Do I have a malpractice case?

    In 1997 I had breast augmentation surgery that stripped me of the ability to breastfeed my children completely demolishing my self esteem and confidence as a capable mother. That was the only concern I had about getting the surgery and specificall...

    Elizabeth’s Answer

    There are no states that have limitation periods long enough to permit a claim for actions that took place this long ago.

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  • Should I seek a claim for an injury that happened when playing basketball with my son and my neighbors' kids..in their driveway

    I broke my ankle playing b-ball with my son and the neighbor kids in their driveway. The ortho ordered xrays only and casted me for 6 weeks, did a boot for 6 weeks, and PT. He did xrays every 3-4 weeks and said it looked like it was healing fine....

    Elizabeth’s Answer

    You haven't indicated in any of the facts you shared that anyone did anything that caused you to suffer this severe fracture. And if you were shoved or bumped into someone as expected during a basketball game no one did anything that caused your fracture. If, on the other hand there are additional facts - like the basket gave way and knocked you down or some other thing, that is different and you should seek the advice of a local lawyer.

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  • Can I be dismissed from my pain clinic for taking 3 pills too many within alotted time due to increased pain?

    I started at a pain clinic 3 weeks ago. I suffered nerve damage to the left side of my face after 2 oral surgeries. I was prescribed 3 60 mg extended release morphine and 3 neurotin per day. I am still in a lot of pain. I contacted the doctor and ...

    Elizabeth’s Answer

    I agree that a good practical approach is to make an appointment and discuss this with your physician. Since you can go to the ER if things get really bad in the interim this is not likely abandonment. Perhaps there is another approach to addressing your pain other than narcotics.

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  • Can I sue the hospital for getting the vre infection?

    Had gull bladder surgery and duct was not sewed up correctly. Bile was leaking in the abdimon pain. After a stint was put in and two drains they said he had vre infection.

    Elizabeth’s Answer

    You need to speak with a local attorney. Whether you will be able to pursue a claim will depend on the laws of your state and the permanent damages sustained and of course proving that this happened as a result of substandard care. It is easiest to evaluate the level and extent of the damages first.

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  • My daughters nurse poked himself with a needle, gave her her immunization, but did not notify us until 2 1/2 weeks later.

    How long does the practice have to notify us if an incident like this occurs? And can they keep this information from us until test results come back for the nurse

    Elizabeth’s Answer

    How did you learn of this if you were not notified by the practice? Did your daughter have any adverse impact from the exposure? I would talk to the health care provider as a practical matter and make sure that your daughter receives appropriate follow up. You need to be mindful of the statutory limitation period and speak to a local attorney. Hopefully your daughter will be fine.

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  • Do I have a Medical Malpractice Case?

    I had a baby back in February 2015. The day I was discharged the nurse came in and told me I "HAD" to have a measles vaccine. I was not to happy about it but she said it would help the baby while I was breastfeeding. After the shot my arm hurt fo...

    Elizabeth’s Answer

    The first thing you need is a doctor to evaluate what the problem is. You then should contact a local lawyer, but you have to get medical care to see if you can mitigate any of the damages and because you want to improve if that is possible. There is an appropriate way to give a vaccine to try to avoid adverse consequences. If this provider took the necessary steps and hit a nerve despite this - there would be no deviation from the standard of care. But you should see a local doctor- possibly a neurologist and a local lawyer.

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  • What kind of attorney do I need? I am confused about what specific type of attorney. I believe it would be medical malpractice.

    I was sexually assaulted by my Dr. In the operating room before my surgery when I was at my most vulnerable. My anesthesia had not kicked in at all at the point when he assaulted me. It is all being investigated by our Prosecuters office now after...

    Elizabeth’s Answer

    It is definitely a criminal matter, and in the civil arena it is more than malpractice - it is egregious. His insurance will not cover the intentional act but you certainly have an assault cause of action and you should contact a local lawyer immediately.

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  • Veterinarian Malpractice

    In April/ May I took my 6 year old Boston Terrier to the vet, while there I voiced concerns about a growth on his leg, I was advised by the vet that " It was nothing to be concerned of, she wasn't concerned about it" but if it became problem some ...

    Elizabeth’s Answer

    Our pets are a part of our families so we take their health as seriously as any other member. However, Florida law doesn't recognize a pet that way. Under the law, the loss of a pet is seen like that of property. It is likely that you would spend more on a veterinary expert than you could recover.

    I am sorry for your loss.

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  • Car accident at green light...

    Had accident the 2days ago were immm approaching light were change green 3 cars lady stop in middle of a green light then second car quick break in front of me.......i quick break as welll slide 5ft before impact the car almost hit me....... .from...

    Elizabeth’s Answer

    First, make sure that you have notified your insurance carrier. It may be worth your time to contact a local traffic infraction attorney to fight your ticket or appear on your own behalf.

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  • Can I sue the person who hit my parked car due to loss of income?

    So my car was properly parked and when I returned to my vehicle I noticed and caught another car that has damaged my car. The car tried to park beside me and instead of pressing the brakes, he hit the gas pedal and hit my car. Long story short. I'...

    Elizabeth’s Answer

    You should contact a local lawyer for advice. If this is not possible because you have suffered only property damage - speak with the insurance carrier for the person who caused the damage - a rental may be available to mitigate your damages. And you should check with your carrier as well.

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