John Scott Wallach’s Answers

John Scott Wallach

Saint Louis Medical Malpractice Attorney.

Contributor Level 8
  1. After gallbladder and hernia repair surgery in Oct 2009 continue to have pain to this day in stomach area,just had a CT Scan

    Answered over 2 years ago.

    1. Elmer H. Young III
    2. Christian K. Lassen II
    3. John Scott Wallach
    3 lawyer answers

    To do a gallbladder removal surgery (called a Cholesystectomy) the surgeon places several clips onto the duct that attaches to the gallbladder; and then cuts between the clips to free and remove the gallbladder. The clips stay on permanently, to keep the cut end of the duct closed. Most likely this is what the later CT was showing, and is totally normal. When you mentioned a "small mass" around the surgical area, the question is what that represents. Any time you have abdominal surgery such...

    4 lawyers agreed with this answer

  2. What is the next step after an attorney files an affidavit with expert witness review for med mal?

    Answered over 4 years ago.

    1. John Scott Wallach
    2. Alan James Brinkmeier
    3. Stephen Duane Phillips
    4. James E. Girards
    4 lawyer answers

    The physician affidavit filed in Illinois is a requirement to continue forward with the lawsuit. I cannot make specific comment on your case, so you really should discuss the case progress with your lawyer. However, generally what happens after the lawsuit is filed and the physician affidavit is filed is called discovery. The usual course is that written questions are filed by each party called Interrogatories, that are required to responded to under oath. Also there will be Requests for...

    4 people marked this answer as helpful

  3. Should I pay this bill?

    Answered over 4 years ago.

    1. John Scott Wallach
    2. James E. Girards
    2 lawyer answers

    The MRI report from the interpreting radiologist will generally only be a few pages, so the charge should only be a few dollars. However, the doctor who ordered the test should have received a copy, which will be in your medical chart. The real question is what the follow-up MRI showed, which is of course something you should discuss with your doctor. Interpreting a radiology report is something most untrained individuals will not be able to do, the findings and significance of the findings...

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  4. Can I get "at the least" reimbursement from a failed root canal preformed incorrectly by a dentist?

    Answered over 4 years ago.

    1. John Scott Wallach
    2. James E. Girards
    3. Craig S. Walkon
    3 lawyer answers

    The dentist hopefully has dental malpractice insurance to cover this incident. I don't want to downplay your injuries as they are of course personal to you, but on the scale of malpractice injuries they are not severe--the cases most medical malpractice lawyers pursue involve catastrophic injuries such as death, amputations, total disability, etc. The reason is that malpractice cases are extremely time consuming and very expensive. It must always be assumed that every case will have between...

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  5. Doctor cuts my bladder, she admitted to my family there were mistakes made.

    Answered over 4 years ago.

    1. Alan James Brinkmeier
    2. Michael J. Helfand
    3. Benjeman L. Nichols
    4. John Scott Wallach
    5. James L. Bargar
    5 lawyer answers

    There are actually some circumstances where nicking the bladder in surgery is unavoidable, such as with extensive adhesions from prior surgeries, endometriosis, etc. In order to prove negligence, it must be shown that the damage was caused by the doctor's actions falling below the appropriate standard of care. The cut by itself does not prove that the doctor actually was negligent. For your case, the medical records will need to be obtained and reviewed by a physician in the same area of...

  6. Should I sue for medical malpractice?

    Answered almost 3 years ago.

    1. Jason R. Oldenburg
    2. John Scott Wallach
    3. Lars A. Lundeen
    4. Mary Katherine Brown
    4 lawyer answers

    As you know from your own research, the complications you have are some of the known risks of the procedure. These risks occur a small percentage of the time with this surgery, and just because they occur does not necessarily mean the surgeon was negligent. Otherwise, you will have to prove that the surgeon did the surgery incorrectly and negligently, which will take an expert in the field to evaluate and prove. If the surgery was done properly, your only chance is with a negligence claim...

    1 lawyer agreed with this answer

  7. Can i sue a hospital if they left part of the placenta inside of my son's mother?

    Answered about 3 years ago.

    1. Enrico Demarco
    2. Jeffrey Bruce Gold
    3. Edward A. Ruffo
    4. John Scott Wallach
    4 lawyer answers

    Expanding on the other responses, even if there was negligence committed by the health care providers the case may not be have the type of damages that would justify the great amount of time and money needed to litigate a medical malpractice case. The healthcare providers' negligence is just what potentially gives the right to even bring a claim. The damages caused by the negligence is what creates the value of the case, for either settlement or a jury verdict. I often tell people to...

    1 lawyer agreed with this answer

  8. Does an unnecessary circumcision count as a "large" medical malpractice damage? One that is worth suing over?

    Answered over 3 years ago.

    1. John Scott Wallach
    1 lawyer answer

    Your initial question terms the circumcision as "unnecessary" but the body of your inquiry makes no mention of that. Circumcision is not a procedure done from absolute medical necessity, but is certainly commonly performed on newborns in the US (however, see news from CA--current movement to restrict). Before even getting to the merits of your complaint, you need to check with an attorney in the state where the circumcision occurred to determine the effect of the Statute of Limitations on...

    1 lawyer agreed with this answer

  9. I have filed a medical mal practise case against a doctor and have now recieved a motion to dismiss on the grounds that i filed

    Answered about 3 years ago.

    1. Raymond Scott Costantino
    2. John Scott Wallach
    3. Daniel Paul Buttafuoco
    4. James S. Mccarthy
    4 lawyer answers

    There are actually several technical legal issues in your question. First, the question is if you filed your initial case within the Statute of Limitations. If not, the case is subject to outright dismissal by the Court. Next, you mention a defamation and libel action. The question is if this would be considered a claim that under the applicable law is required to be brought with along with the malpractice case, and if the Statute of Limitations is the same as the malpractice claim, or...

    1 person marked this answer as helpful

  10. Had bariatric surgery in 2007 only to find out yesterday that only half the surgery was done.

    Answered over 4 years ago.

    1. Michael John Trentalange
    2. John Scott Wallach
    2 lawyer answers

    In follow-up to the previous response, if the surgeon fraudulently failed to inform you that he did not complete the full surgery, and billed for the complete procedure, there is the possibility that the Statute of Limitations could be extended. As mentioned, every state is different so this must be evaluated by an attorney familiar with the laws of the state of the occurrence. The question of "excessive" clips may not save the day, as generally the foreign body exception is used to extend (...

    1 person marked this answer as helpful