A. Devesh Tiwary’s Answers

A. Devesh Tiwary

Clearwater Medical Malpractice Attorney.

Contributor Level 9
  1. MISDIAGNOSE

    Answered about 6 years ago.

    1. A. Devesh Tiwary
    1 lawyer answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.) Category: delay in diagnosis. Right diagnosis: thymoma Wrong diagnosis: back arthritis, artery disease, big heart Delay: 2 years Harm done due to delay: progression of thymoma to Stage 3 (69% 5y survival; 96% for Stage 1). Bottom line: You should get the abstract from the hospitalization (history and physical, discharge summary, operative notes, X-ray reports, and consult notes), and all...

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  2. Medical Malpractice

    Answered about 6 years ago.

    1. A. Devesh Tiwary
    2. John Elliott Leighton
    3. Michael E Hendrickson
    3 lawyer answers

    Summary: 30yo F with PCO, first pregnancy by assisted fertility (Clomid?), vaginal bleeding or premature labor at 18wk, fetal loss. The fetus will not survive at that age outside the mother's body. Issues: was the OB aware that yours was a high risk pregnancy (due to PCO and assisted fertility)? Many OBs refer these patients out to OBs specializing in high risk patients. Was the premature labor treated appropriately? You mention "all kinds of medicine" - what were they? (Terbutaline,...

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  3. Can a hospital force a family to pull the plug on a brain dead person

    Answered almost 6 years ago.

    1. A. Devesh Tiwary
    1 lawyer 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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  4. Medical malpractice

    Answered about 6 years ago.

    1. A. Devesh Tiwary
    1 lawyer answer

    Analysis (You can follow along on my website www.TiMedLaw.com - in the "submit your info" page.) Category: infection. Condition for which you were treated: leg trauma. Bacteria: MRSA Actual mistake: ???? As my website says: "It is usually hard to prove that an infection was caused by malpractice." Without a whistleblower in the hospital (for example, a technician saying "They don't give me enough time to clean the OR between cases"), this will be too hard to proceed. Devesh Tiwary,...

    1 lawyer agreed with this answer

  5. Inadequate medical care?

    Answered about 6 years ago.

    1. A. Devesh Tiwary
    1 lawyer answer

    Analysis (You can follow along on my website TiMedLaw.com - in the "submit your info" page.) Category: delay in diagnosis. Right diagnosis: foot fracture Wrong diagnosis: sprain Delay: less than a day Harm done due to delay: having to return to ER. Bottom line: I doubt that you have a claim that makes economic sense to pursue, unless the delay caused some long term effect. How is the foot now? If mended, then no practical case. If you are worried about substandard care and "don't...

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  6. IVF malpractice

    Answered over 6 years ago.

    1. Joseph Isaac Lipsky
    2. John Alexander Willis
    3. John Elliott Leighton
    4. A. Devesh Tiwary
    5. Alec Scott Rose
    5 lawyer answers

    The doctor/author Robin Cook explored this situation in his novel Vital Signs, if I recall correctly. I think you would need a whistleblower/insider to prosecute this. With the accepted success rate being 0-50%, one can't prove that a particular failure cycle (or series of cycles) was due to intent/negligence, and not just bad luck. Devesh Tiwary, MD, JD TiMedLaw Firm, PA www.TiMedLaw.com

    1 lawyer agreed with this answer

  7. What is the route of a medical malpractice suit?

    Answered almost 6 years ago.

    1. A. Devesh Tiwary
    2. Elizabeth Taylor Herd
    2 lawyer answers

    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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  8. Can I take legal action against hospital that give me hep C from blood transfusion

    Answered almost 6 years ago.

    1. A. Devesh Tiwary
    2. Elizabeth Taylor Herd
    2 lawyer answers

    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...

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  9. Do I need an attonery

    Answered almost 5 years ago.

    1. Robert Edward Heyman
    2. Robert Nelson Hogan II
    3. A. Devesh Tiwary
    3 lawyer answers

    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

  10. 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 .

    Answered almost 5 years ago.

    1. Jason M. Melton
    2. Tami Leigh Diebel
    3. A. Devesh Tiwary
    4. Chelsie Marie Lamie
    4 lawyer answers

    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.