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A. Devesh Tiwary

A. Tiwary’s Answers

22 total

  • Do I need an attonery

    What do I do…..My father had open heart surgery last month; during his stay at the hospital he was giving a urinary catheter. The doctors/nurses didn’t read his chart to see that he had an artificial sphincter to help with urinary problems. Afte...

    A.’s Answer

    Artificial urinary sphincters are rare. Was your father's heart surgery emergent or elective? Did he indicate to the doctors that he had an artificial sphincter? That should be in the History and Physical, which your father can get. If so, then he should have had a urology consult early on.

    Devesh Tiwary, MD, JD
    Board Certified Surgeon; Graduate, Harvard Law School
    Only medical malpractice, only in Florida, only on behalf of patients and their families.
    www.TiMedLaw.com; 877 846-3352

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  • Is it normal for a patient who is lethargic not to be checked for six hours? Need a lawyer to review this pts' record who died .

    Pt was an employee of a mojor Hospital, injured on duty, admitted and found dead in hospital bed. Need a reputable lawyer to review this record.

    A.’s Answer

    Is there a surviving spouse or surviving child 25 or younger? If not, there may not be a practical claimant under Florida law.
    Was there an autopsy? What was the cause of death, per the records, and per the long form of the death certificate.
    You may want to go to www.TiMedLaw.com and review the questions under Submit your Info for Death situations.

    Devesh Tiwary, MD, JD
    Only in Florida, Only Medical Malpractice, Only on behalf of injured patients and their families.

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  • Do I need an attorney

    I was operated on March 16, 2009 for a mass on my back by my left shoulder blade. After the surgery, while I was in the first recovery room, I started to sweel at the sight & also bruise. The nurses called the surgeon in, his assistant came in, ...

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
    I need more information - see the questions on the webform.
    Date of neg 3/16/2009
    Date suspected: 3/16/2009
    Neg: did not stop all bleeding at end of procedure
    Harm: another surgery, 4 u transfusion, renal failure
    Proof: Medical records showing 2nd surgery, labs show renal failure
    Patterns: Procedure;
    Delay. one day
    You need someone to review the medical records - you need to get the abstracts from both hospitalizations (the history and physical, discharge summary, operative notes, X-ray reports, and consult notes). If you fill out the webform, get the records, and send me copies (NO ORIGINALS - I won't return them), I can review the records for you, free of charge.
    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice
    Only in Florida
    Only on behalf of patients

    See question 
  • Should I consult an attorney?

    I had surgery to have a mass removed off my back on 3/16/09. Before I got out of the recovery room, I wsa having swelling & bruising. The surgeons assistant was called in, & told the nurses to put ice packs on it & keep an eye on it. SOme time ...

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
    Date of neg 3/16/2009
    Date suspected: 3/16/2009
    Neg: did not stop all bleeding at end of procedure
    Harm: another surgery, 4 u transfusion, renal failure
    Proof: Medical records showing 2nd surgery, labs show renal failure
    Patterns: Procedure;
    Delay. one day
    You need someone to review the medical records - you need to get the abstracts from both hospitalizations (the history and physical, discharge summary, operative notes, X-ray reports, and consult notes).
    If you fill out the webform, get the records, and send me copies (NO ORIGINALS - I won't return them), I can review the records for you, free of charge.
    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice
    Only in Florida
    Only on behalf of patients

    See question 
  • What is the route of a medical malpractice suit?

    what is the route of a medical malpractice suit?

    A.’s Answer

    It is complex. For Florida, I explain it here:
    http://www.timedlaw.com/Overview.html
    http://www.timedlaw.com/Presuit.html
    http://www.timedlaw.com/Suit.html
    http://www.timedlaw.com/Trial.html
    http://www.timedlaw.com/PostVerdict.html
    http://www.timedlaw.com/Mediation.html

    Good luck.

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  • WHAT CAN I DO

    A DOCTOR DID SURGERY ON ME SUPPOSELY FOR A TUMOR THE SURGERY WAS A MEDIUM SIZE INCESION FROM THE BELLY BUTTON DOWN, AFTER THE SURGERY EVERYTHING WAS WELL I WAS SENT HOME. DOCTOR SAID HE WILL SEE ME IN 2 WEEKS, I FELL SO I WENT TO ER BEFORE THE 2 W...

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
    Date of neg ???
    Date suspected: ???
    Neg: ???
    Harm: ???
    Proof: ???
    Patterns: Procedure; delay.

    Without a lot of specific information, no one can analyze your case well. As you've gone to several attorneys, you should have the answers to the above questions by now.
    More than a "consultation", you need someone to review the medical records - you need to get the abstracts from both hospitalizations (the history and physical, discharge summary, operative notes, X-ray reports, and consult notes).
    As it's been more than a year, you need to file a Petition to Extend the deadline - see www.TiMedLaw.com - For Clients to see how to do that.

    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice, Only in Florida, Only on behalf of patients.

    See question 
  • Can a hospital force a family to pull the plug on a brain dead person

    a family member was pronunced brain dead even though he is breathing a little on his own. the hospital told us that by law they have to pull the plug.

    A.’s Answer

    If truly brain dead, that is the same as legally dead in Florida, and the hospital need not keep a person on a ventilator.
    BUT you cannot breathe on your own, even a little, if you are brain dead.

    Is there a surviving spouse, or child younger than 25, who might bring a claim?

    Good luck.
    Devesh Tiwary, MD
    www.TiMedLaw.com

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  • Medical malpractice

    I had my son in nov. '08 and the midwife swore he was six pounds. After an emergency csection he was nine pounds. I was in labor for fourteen 1/2 hours and the epidural was ripped out and now I am have severe back pain and no insurance. Is there a...

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)

    Key Facts:
    Neg: ???
    Harm: back pain, inability to hold baby for >30min.
    Proof: ???

    Patterns: procedure.
    What was the reason the surgeon recommended the procedure? Baby too big.
    What was the actual mistake that led to your harm? Epidural ripped out.

    You will need to see a doctor to diagnose your current condition, and get your medical records to see if that condition can be linked to any carelessness. Guessing the birth weight wrong is not enough. Had the midwife gotten it right, would you then have had the C-Section anyway? If so, what difference did it make?

    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice, Only in Florida, Only on behalf of patients.

    See question 
  • Can I take legal action against hospital that give me hep C from blood transfusion

    I got Hep C in 1991 from St. Joe's hospital in Tampa from a blood tranfustion. Do I have any legal rights concerning this?

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
    Date of neg 1991
    Date suspected: ???
    You are probably too late to file a claim (usually 2 years from neg date or 4 years if you couldn't have known about the negligence earlier).

    Category: infection.
    Condition for which you were treated: ???
    Germ: Hep C virus
    Negligence:???
    Damages:???
    Hep C was called Non A Non B Hepatitis until 1989. The "good" test for Hep C came into common use in 1992.

    As my website says: "It is usually hard to prove that an infection was caused by malpractice."

    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice, Only in Florida, Only on behalf of patients.

    See question 
  • Medical

    just wondering if I have case.....I had bleeding ulcers from asprin and plavix therapy.....but while I was in the hospital from that I got sespis from an IV.

    A.’s Answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.)
    Date of Neg: ???
    Date suspected: ???

    Category: infection
    Harm: sepsis (what is different for you now and in the future???)

    I recommend you go through the exercise of answering the questions on the Submit Your Info page, even if you don't actually submit it. That will show whether there is enough damages to make sense to file a claim. What kind of IV was it? It may fall under the Events that should Never happen, according to the federal government.

    Devesh Tiwary, MD JD
    www.TiMedLaw.com
    Only medical malpractice, Only in Florida, Only on behalf of patients.

    See question