Jeffrey A. Mitchell’s Answers

Jeffrey A. Mitchell

Metairie Trucking Accident Lawyer.

Contributor Level 9
  1. My mother was in hospital in july of 2009 had chest xrays, blood test they admitted her cause her leg was swollen

    Answered about 4 years ago.

    1. Jeffrey A. Mitchell
    2. Andrew Daniel Myers
    2 lawyer answers

    Failure to diagnose lung cancer is not an uncommon complaint in medical malpractice lawsuits. However, in any failure to diagnose cancer case (or delay in diagnosing cancer), the key issue is the time frame between the missed diagnosis and the actual diagnosis. The longer the delay in diagnosing the cancer means the patient lost more of an opportunity to undergo successful treatment of the cancer. In most instances, these cases are worth pursuing only where the delay is substantial....

  2. Pharmacy at workers company gave wrong prescript, is this workmans comp or negligence on the pharmacy's part??

    Answered about 4 years ago.

    1. James E. Girards
    2. John Hunsucker
    3. Jeffrey A. Mitchell
    3 lawyer answers

    Generally, an employee may not sue his employer for negligence, even when that negligence is clear cut. Worker's Compensation laws exist to protect employers from lawsuits from their employees. To make it fair, an injured worker does not have to prove any negligence to recover. He only needs to prove that the injury occurred on the job. The employer has to pay for such injuries even if he was not negligent. However, like any law, there are exceptions. I would seriously consider bringing a...

  3. What can i do if a pharmacy gave my child the wrong prescription

    Answered about 4 years ago.

    1. James E. Girards
    2. Jeffrey A. Mitchell
    2 lawyer answers

    Pharmacy errors are common. Please see my prior post on 15 ways to limit your exposure to pharmacy errors. These cases are usually brought against the pharmacy directly. If the wrong medication was given to your child and he/she suffered an adverse reaction, then you may have a case worth pursuing. If you caught the mistake before giving your child the medication, or if the medication had no adverse effects then you would not have a case worth pursuing. In either event, you should report...

  4. Do i need a medical malpractice lawyer?

    Answered about 4 years ago.

    1. Eileen R Becker
    2. James E. Girards
    3. Jeffrey A. Mitchell
    4. John Joseph Clark
    4 lawyer answers

    You do need a medical malpractice lawyer. In these types of cases you have damages regardless of whether you actually contract one of these diseases. In many states, in addition to the expenses of the repeated medical monitoring you will have to undergo, you may also have a cause of action for the anxiety and fear of contracting the disease during the period of monitoring. This can be years in some cases. Check with your local experienced medical malpractice attorney to see if your...

  5. Can i do anything?

    Answered about 4 years ago.

    1. Ryan Hayes Fisher
    2. James E. Girards
    3. Jeffrey A. Mitchell
    3 lawyer answers

    It depends on whether the chips would have been removed had the correct diagnosis been made on a timely basis. Depending on their size and location, it is possible that a physician who knew the correct diagnosis might have left them in and monitor them. The other issue is proving that it was the chips that caused the serious damage and not the original injury. You would have to prove that the delay in diagnosis caused the chips to do the damage. In other words, the damage was done AFTER the...

  6. She told them she was sick! Should we contact an attorney?

    Answered about 4 years ago.

    1. James E. Girards
    2. Angelo Marino Jr.
    3. Jeffrey A. Mitchell
    4. Sam Louis Levine
    4 lawyer answers

    One of the primary considerations in deciding whether to institute a medical malpractice action is to consider what damages the alleged malpractice caused to the patient. Because these cases are extraordinarily expensive to pursue, experienced medical malpractice lawyers will generally advise against bringing an action that does not have significant damages and permanent consequences. This is because the cost of the experts will be more than your potential recovery in small damage cases....

  7. I went to fill a prescription and was given the wrong medicine. Took the wrong medicine for a month.

    Answered about 4 years ago.

    1. Joseph A Blaszkow
    2. Jeffrey A. Mitchell
    3. Sam Louis Levine
    3 lawyer answers

    Prescription errors are common in the United States. Even with stringent internal controls, a recent study published in the Internation Journal for Quality in Healthcare that pharmacists nationally make 2.2 million dispensing errors each year. This translates into an estimated 5.7 errors per 10,000 prescriptions. When a pharmacist fills the wrong prescription it is generally considered to be a negligent act. The first thing you need to do is contact your doctor who prescribed the...

  8. Mistreatment

    Answered about 4 years ago.

    1. Joseph A Blaszkow
    2. Jeffrey A. Mitchell
    3. James E. Girards
    3 lawyer answers

    Unfortunately, we see this type of complete insensitivity all too often. I am sorry for your loss. From a medical malpractice/legal standpoint, you would have to prove that any alleged poor care caused your father to suffer damages or injury he would not otherwise have suffered if given the appropriate care. Here, you would likely have to show that the alleged poor care actually hastened or caused his death earlier that would have normally occurred. Defense lawyers always argue that these...

  9. Is it grounds for a lawsuit if a doctor's office manager refuses to make a follow-up appointment 6 weeks after surgery?

    Answered about 4 years ago.

    1. Joseph A Blaszkow
    2. Jeffrey A. Mitchell
    2 lawyer answers

    I do think that the physician has the discretion to require payment of the co-pay in order to schedule the appointment. There are federal and state laws that prohibit doctors and hospitals from refusing "emergency medical treatment" if a patient does not have the financial means, but this does not apply to routine visits. To me, the bigger question is trying to prove that you suffered damages as a result of their failure to see you for follow up. In every broken bone case, there is always a...

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