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Nelson W Wagar III
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Nelson Wagar’s Answers

4 total

  • If a doc knw I had an infection that lead to a miscarriage a week later, can he be held accountable? He didn't inform me!

    Apr 2nd by home test I was pregnant. 3 days later I started spotting brown blood an took to the ER. After running test I was told I almost had a miscarriage, but I was indeed still pregnant an to c the OBGYN with in 2 weeks. Today I c the OBGYN to...

    Nelson’s Answer

    It is possible. The two main questions would be whether the miscarriage was, indeed, caused by the UTI and second, was the UTI managed appropriately? There are a high number of miscarriates in the first trimester of pregnancy so obtaining a definite medica opinion that the UTI was the cause is probably very difficult. So sorry to hear of your miscarriage ...

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  • How long do malpractice cases tend to take

    Lawyer made sexual advances that she admits

    Nelson’s Answer

    If you're talking about legal malpractice against a lawyer who made unwelcome sexual advances, in Louisiana it typically takes at least 18 months from filing of lawsuit to trial, but can take longer or less time, depending on a number of factors. Another approach offering much quicker resolution would be to make a complaint to the Louisiana State Bar Association. This would not involve money damages to you, but may result in disciplinary action against the lawyer.

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  • Do I need to secure a malpractice attorney?

    I was induced for labor and ended up receiving a c-section. I do not feel like either one was necessary and I was told that my paperwork said they did the inducement because of my high blood pressure. I Never had high blood pressure during the pre...

    Nelson’s Answer

    I concur with much of what has been said by these other contributing attorneys. I am a Louisiana medical malpractice lawyer. I would say that the resulting disfigurement, complications and disability would have to be very significant to warrant a medical malpractice lawsuit, even if malpractice actually occurred in your case.

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  • Six years later,determined mesh improperly placed; multiple surgeries occurring to repair damage with possible further damages.

    2007 mesh placed in body due to incontinence. Constant UTI, bladder, pain sexual encounters and spotting of blood occurred. Referred to specialist here in VA in 2013; finding show mesh was improperly place, going thru urethra, tied to tight and bo...

    Nelson’s Answer

    This issue in Louisiana is answered by the Louisiana Supreme Court's decision in Borel v Young, No. 07-C-0419 (La. 7/1/2008). We actually have two "statutes of limitation" pertaining to medical malpractice; a one-year and a three year statute. The doctrine in Louisiana is known as "prescription" but operates much the same way as statutes of limitation in other states. The one year time bar can be avoided by the so-called "discovery rule", which means that you have one year from the date you knew or reasonably should have known that malpractice had occurred. The discovery rule is specifically absent in the three year prescriptive statute. Therefore, your claim against the doctor is probably time barred. If the mesh was defective, the "discovery rule" might save your claim but you seem to have concluded, based upon medical advice, that the mesh was not at fault here. I hope this answered your question.

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