Skip to main content
Josh P Tolin

Josh Tolin’s Answers

2,926 total


  • Can a malpractice case be thrown out of court for incorrect hippa form when defendants got plaintiffs records via court order?

    Had a malpractice case against gynecologist who cut my rectum and vagina during a hysterectomy. He tried to repair me himself. Passing feces from vagina and was in horrible pain. Taken off food and fed through picc line and was getting worse. Ende...

    Josh’s Answer

    If the case was dismissed without prejudice, then you should be able to refile it. Retain an experienced malpractice attorney in your area immediately!

    See question 
  • My personal health information written in General Form for use in investigation against husband without my consent. (HIPPA?)

    My husband was investigated by his place of employment & some of the general forms include my personal health information that my husband told them in private. They go into great detail about my illnesses & are using this information to show how m...

    Josh’s Answer

    I would tell your husband to never disclose anything about your health. If he is an at will employee they can terminate him for any reason. If his employer is making it a hostile environment to work in, he should seek legal counsel, but his options Mau be limited.

    See question 
  • Do I need an attorney when dealing with my lawyers malpractice insurance company?

    My parents lawyer missed a deadline which has caused the case to be dismissed. Now we are faced with attempting to handle this ourselves or finding a second attorney to now deal with our first lawyers malpractice insurance company.

    Josh’s Answer

    Yes, you need counsel. To prove a legal malpractice case , you need to prove two cases. If your attorney missed a deadline, that is one issue that is easily proved. You still have to show you would have been meritorious on the underlying claim to have damages. that is why it is crucial you hire counsel and make sure it is someone who knows the law in the underlying case. don't be afraid to meet with more than one attorney before deciding, just don't wait too long. Good luck to you.

    See question 
  • Treating doctor opinion

    The treating doctor provides a summary affidavit of the observation with some brief opinion and the note of willing to testify and would fail to testify in person What if the Dr. would not be able to appear at trial due the their own health probl...

    Josh’s Answer

    The doctor will have to appear live to make a submissible case.

    See question 
  • Do I have a malpractice case, my dad (61y/o) is in a coma now?

    My dad went to the hospital with a massive heart attack. Luckily we brought him on time. He was in the ICU for 35 days. They had him in an induced coma until a week before they decided it was time to release him to a rehab. His heart was stable, e...

    Josh’s Answer

    The key question will have to be answered by a medical expert, and that is, what additional damages did your father suffer with the additional time frame of anoxia, caused by him coming off the ventilator. Retain an experienced malpractice attorney in your area .

    See question 
  • OK YOU ALL WIN ..I GIVE UP IF YOU CAN'T ANSWER A SIMPLE QUESTION THE RD'S AN DR'S

    ARE ABLE TO TELL ME WHY ALL THE HOSP. PERSONNEL CAN ENTER A ISOLATION ROOM WITHOUT THE SAFETY OF EVEN A MASK BUT WE HER FAMILY WILL CATCH THIS BLOOD DISEASE UNLESS WE WILL ALL THIS SAFETY CLOTHES AND A MASK EVERY TIME WE WENT INTO HER ROOM..I GUES...

    Josh’s Answer

    Just because the hospital personnel aren't following protocols, doesn't mean you shouldn't.

    See question 
  • Need help with Warfarin case, had stroke need Lawyer!

    I need a Lawyer to call in the area?

    Josh’s Answer

    You can use avvo's find a lawyer tab or call the California Trial Attorneys Association. We are not allowed to solicit business on this site.

    See question 
  • Do I have any grounds for a lawsuit

    My wife and family was at the obgyn office today on a bi weekly vist being 30 weeks along. My kids were getting roudy during the visit so i tried discipline the kids and the mid wife interrupted me yelling at me for getting after my kids. Telling ...

    Josh’s Answer

    No. Based on what you said you have no grounds for a lawsuit. You can always change doctors.

    See question 
  • Went skiing in WA live in FL emergency room said bruised only came home to find out 5 fractures.

    Have apology letter for missing 2, do I have a case?

    Josh’s Answer

    Unless you suffered damages from the delay, your costs of pursuing would exceed any recovery. If there was a long enough delay to change the treatment, then you may have something but the only way to know for sure is to contact some local malpractice attorneys

    See question 
  • Finding out I had melanoma was scary enough, after having this surgery, should I sue? It's been on my mind for years.

    November of 2010 I was diagnosed with Melanoma. A spot found on my chest by my family physician was sent to the Mayo Clinic and results came back that it was malignant. I was referred to a dermatologist for a check up and she referred me to a surg...

    Josh’s Answer

    The key question is when you saw the surgeon. I am assuming it was in 2010 after your melanoma was found. If so, you are too late to do anything. I do not know what the KY statute of limitations is, but all States have 1-2 year statutes, as a general rule.

    See question