Skip to main content
Josh P Tolin

Josh Tolin’s Answers

2,931 total


  • What constitute Medical malpractice ?

    what constitute Medical malpractice ? 1st my niece do not have account here, so she ask me to post this She had surgery at a local hospital on December 17th 20014 she was to have 2 procedure done by 2 difference doctors each removing ...

    Josh’s Answer

    It is impossible to give you an answer without having the benefit of reviewing her medical records. Retain an experienced malpractice attorney in your area who can review the records and if he feels the records merit a review by an expert, that will be your definitive answer.

    See question 
  • I had a miscarriage while on nexplanon can I file a lawsuit?

    I had a miscarrage and didn't have no ideal I was pregnant. The fetus just came out it even was developing u could see the arms, legs etc. I didn't feel no pain or anything.

    Josh’s Answer

    Unfortunately, no birth control other than abstinence is 100% effective. I haven't read the insert of nexplanon, but my guess is it would inform you of the risk. Drug products cases are very costly to pursue. You can talk to a local attorney to get their recommendations, but you have an uphill battle.

    See question 
  • Worth getting a lawyer for?

    I'm searching for a lawyer to help me with my case. In Sept 2012 I had my lap band placed. Worked good at first lost about 100 lbs. however over the last year I have had complications. Now my band has slipped and also caused Barrett's esophagu...

    Josh’s Answer

    You may have a statute of limitations issue. A lot depends on whether IA has a continuing treatment exception . Since the surgery occurred in 2012, most States have 2 year statutes of limitations. Call a local malpractice attorney to discuss.

    See question 
  • Failure to diagnose?

    On May 29th I visited my local ER with severe stomach pains. The nurses took my blood and urine and prepared me for an IV. The doctor spent less than 5 minutes with me and pressed on my stomach and diagnosed me with constipation and gastroenteriti...

    Josh’s Answer

    Although there may be a failure to diagnose, the issue is damages. Even if you were properly diagnosed you still would have needed surgery. You can always have an experienced malpractice attorney review.

    See question 
  • I want to know if I can sue my urology doctor because he prescribe me a medicine knowing I was deadly allergic to that medicine?

    I saw an urology doctor whom pulled a psycho act. He kick me out of the office because I didn't pick up a medicine that he prescribe to me. The reason I didn't pick up that medicine is because I am deadly allergic to that medicine. He refuse to pr...

    Josh’s Answer

    Why? You suffered no damages other than some humiliation from him yelling at you. Get a new doctor and move on. The problem is that all malpractice cases are very expensive to pursue. You need to have serious damages to pursue a case.

    See question 
  • 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