Jeffrey A. Mitchell’s Answers

Jeffrey A. Mitchell

Metairie Trucking Accident Lawyer.

Contributor Level 9
  1. Why Won't Attorneys Take Medical Malpractice Cases Unless Multiple Corrective Surgeries Are Involved?

    Answered over 4 years ago.

    1. Jeffrey A. Mitchell
    2. Tami Leigh Diebel
    3. Joyce J. Sweinberg
    3 lawyer answers

    Medical malpractice cases are difficult to prove and expensive to pursue. Most top medical malpractice attorneys will not take a case without substantial damages. The reason is that in a small damage case, the attorney gets his fee, the experts, who are very expensive, get their fee, and the client is left with little or nothing. We have ethical obligations to potential clients to avoid this type of situation. In addition to this, experienced medical malpractice attorneys know that...

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  2. What rights does a patient have in an ER if turned away for medical treatment?

    Answered over 4 years ago.

    1. Jeffrey A. Mitchell
    2. Ayuban Antonio Tomas
    3. Lars A. Lundeen
    3 lawyer answers

    There is a federal law called The Emergency Medical Treatment and Active Labor Act (EMTALA) which was passed in 1986 which requires hospitals and ambulance services to provide emergency healthcare treatment to any person that needs it regardless of citizenship, legal status or ability to pay. This law applies to hospitals that accept payment from the Department of Health and Human Services under the Medicare program. From a practical standpoint, EMTALA applies to virtually all hospitals....

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  3. My husband had surgery for a 99% blocked carotid artery on the right side of neck.Voice very hoarse,vocal cord damaged can he

    Answered over 4 years ago.

    1. Jeffrey A. Mitchell
    2. Joseph A Blaszkow
    3. Alvin A. Wolff Jr.
    4 lawyer answers

    Unfortunately, one of the well known potential complications of carotid endarterectomy surgery is vocal cord paralysis which is the cause of the hoarseness. It is caused by an injury to the vagus nerve that travels along the carotid artery. Sometimes, vocal cord paralysis/paresis occurs following carotid artery surgery because of pressure or retraction of the vagus nerve by the surgeon. In these cases, the hoarseness is usually transient and full recovery can take up to 12 months. With...

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  4. Can I sue my doctor because im pregnant after a tubal ligation that was cut and burnt?

    Answered about 4 years ago.

    1. Jeffrey A. Mitchell
    1 lawyer answer

    The answer to this question is not clear cut. It depends on what the pathology report says. It is true that if the tubal ligation was performed negligently you would have a cause of action in Louisiana for what is known as a "wrongful life" type action. These cases can be challenging because we must convince a jury that having another child is a "burden and hardship." Some potential jurors may never agree that having another child is burdensome. If you can contact my office and get me...

  5. How do you get medical treatment for some one in county jail

    Answered about 4 years ago.

    1. Thomas G. Cecil
    2. Jeffrey A. Mitchell
    3. Bryce Patrick McPartland
    3 lawyer answers

    When a prisoner becomes ill or suffers an injury they are entitled to receive the same medical treatment as any other patient. The fact that a person is incarcerated is not an excuse to deny them proper medical treatment or provide them with substandard treatment. The law recognizes several possible causes of action when a prisoner does not receive the proper medical care. These causes of action range from constitutional violations to state law medical malpractice claims. The Eighth...

    3 people marked this answer as helpful

  6. Can I sue my doctor for failure to screen for colorectal cancer?

    Answered about 4 years ago.

    1. Joseph Jonathan Brophy
    2. Richard S. Jaffe
    3. Jason Alexander Richman
    4. Patrick A Malone
    5. Jeffrey A. Mitchell
    6. ···
    6 lawyer answers

    Generally, the standard of care requires a patient's primary care physician to perform routine colon cancer screening for all patients above 50 years of age. This is generally true even if the patient is not exhibiting symptoms or does not have a family history of colon cancer. Of course, there are exceptions to this and each case should be viewed on its own facts. I would strongly recommend that you get a copy of your mother in law's records and send them to a locally qualified medical...

    1 lawyer agreed with this answer

  7. How do I find a Medical Malpractice/Wrongful Death Lawyer - live in WA, but case is in Oregon?

    Answered over 4 years ago.

    1. James E. Girards
    2. Jeffrey A. Mitchell
    3. Claude Armand Wyle
    4. Alvin A. Wolff Jr.
    4 lawyer answers

    There are several resouces available to you to help you find a qualified and experienced lawyer in Oregon. First, the American Board of Professional Liability Attorneys is an organization that Board Certifies attorneys in medical malpractice. Go to www.ABPLA.org and search for one in Oregon. Another resource is Martindale-Hubbell, which rates lawyers in their practice areas. You are looking for an AV rated attorney (the highest rating available) in Oregon who handles medical malpractice...

    1 lawyer agreed with this answer

  8. I was jailed and my medication wasn't provided for me after informing the jail of my condition. This has caused health issues.

    Answered about 4 years ago.

    1. Richard Ernest Wolfe
    2. Jeffrey A. Mitchell
    3. Elmer H. Young III
    3 lawyer answers

    I agree with Mr. Young and Mr. Wolfe that you need severe and permanent injuries to make these cases worth pursuing. When a jail or prison is involved, there are generally two causes of action that potentially arise. The first is a claim under the 8th Amendment to the U.S. Constitution for deliberate indifference. The 8th Amendment prohibits cruel and unusual punishment to prisoners. Deliberately refusing medical care to a prisoner in need of it violates this provision and gives rise to a...

    1 person marked this answer as helpful

  9. Can I sue for negligence if I got braces almost a yr ago & my teeth looks the same-- actually worse than when I first started?

    Answered over 4 years ago.

    1. Jeffrey A. Mitchell
    2. James E. Girards
    3. Sam Louis Levine
    3 lawyer answers

    In order to prove any case of medical negligence the law generally requires that you have another physician in the same specialty as the one you are suing testify that malpractice occurred and caused you damages. Before attempting the legal route, I would bring the progressive digital photos to another orthodontist, who uses the incognito braces and ask for his second opinion. If he says that you needed that bracket, or something else, then the damages are likely limited to the approximate 1/...

    1 person marked this answer as helpful

  10. Should i consult a malpractice attorney

    Answered over 4 years ago.

    1. Tami Leigh Diebel
    2. Angelo Marino Jr.
    3. Dennis Michael Phillips
    4. Steven Alan Fink
    5. Jeffrey A. Mitchell
    6. ···
    6 lawyer answers

    You should consult an experienced medical malpractice attorney. Generally, the operating room staff should make sure that you are properly positioned to avoid any nerve type injuries to your extremeties. Although the facts of your case will ultimately determine whether there was a deviation in the standard of care, this is a matter worth having an experienced attorney review. Most medical malpractice lawyers provide free case reviews.

    1 person marked this answer as helpful

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