A. Devesh Tiwary's Answers

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

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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MISDIAGNOSE

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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What is the route of a medical malpractice suit?

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

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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Medical Malpractice

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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Do I need an attonery

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

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 .

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.

Do I need an attorney

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...

Should I consult an attorney?

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,...

WHAT CAN I DO

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...