Marc Edward Stewart’s Answers

Marc Edward Stewart

Little Rock Medical Malpractice Attorney.

Contributor Level 16
  1. Kidney remv'd due to tumor.doc mistake-clamped vein to good kidney cause damage.now have dialysis and cant work. Case or no?

    Answered 8 months ago.

    1. David Ian Schoen
    2. Marc Edward Stewart
    3. Brian Heath Crockett
    4. Josh P Tolin
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    In this type of case, the key is to determine the exact vessel that was mistakenly clamped. Sometimes adjacent anatomy can be inadvertently damaged during a procedure even when the surgeon acts negligence-free. Distinguishing your case from this scenario will depend on which vessel was clamped and how distant it would be from the field of surgery in your procedure. My recommendation is to use avvo or google to find an experienced medical negligence attorney. Get your surgical reports. Also...

    11 lawyers agreed with this answer

  2. If during a non life threantening surgery the surgeon performs a non life saving procedure without consent or knowledge

    Answered 8 months ago.

    1. Marc Edward Stewart
    2. John L. Schroeder
    3. Christopher Daniel Leroi
    4. Christian K. Lassen II
    5. Nabil Majed Nachawati II
    6. ···
    6 lawyer answers

    Not necessarily. For example, many times a healthy appendix might get removed while they are in your abdomen for a different purpose (maybe a type of hernia repair). It really just depends on what exactly was being done and what was extra part of the procedure.

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  3. Can you sue a doctor for Si joint dislocation after vaginal hysterectomy?

    Answered about 2 years ago.

    1. Marc Edward Stewart
    2. Edgardo Rafael Baez
    3. Don Karotkin
    3 lawyer answers

    A sacroiliac joint dislocation can certainly be caused by the type of surgery you underwent. However, my strong suspicion is that this is the kind of complication even when the surgery (and your positioning during the surgery) is done appropriately. We call this an "accepted risk" of the procedure. A doctor is only liable if he or she deviates from the standard of care. Placing you in stirrups is the standard of care for positioning you during a vaginal hysterectomy. The records will be silent...

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  4. Statue of limitations? Case?

    Answered 8 months ago.

    1. Stephen Laurence Hoffman
    2. Chen Kasher
    3. Marc Edward Stewart
    4. Christian K. Lassen II
    5. John L. Schroeder
    6. ···
    6 lawyer answers

    First, do what needs to be done to secure that piece of metal. Hopefully it was removed and sent to pathology and thoroughly described. It's identity and where it came from will be important in terms of determining when and who put it in your back. Second, speak to an experienced attorney in Illinois about your case. A local attorney can explain better about the statute of limitations rule in your state.

    11 lawyers agreed with this answer

  5. Can I sue for malpractice?

    Answered 9 months ago.

    1. Dennis M. Abrams
    2. John L. Schroeder
    3. Samuel Cohen
    4. David Ian Schoen
    5. Christopher Daniel Leroi
    6. ···
    9 lawyer answers

    It's a difficult issue. If your husband's brain injury was sufficiently serious to render him unable to (1) make medical decisions; and (2) unable or unwilling to tell you about complex medical therapies being delivered to him, then the proper thing would have been to establish a legal guardianship over him. Only then would the doctors have been legally obligated to come to you, tell you everything, and seek your consent to treat him. Otherwise, federal law absolutely prioritizes a patient's...

    10 lawyers agreed with this answer

  6. I fell at a Sams Club and broke my wrist may require surgery. What do I do next? Should i call lawyer?

    Answered about 2 years ago.

    1. Marc Edward Stewart
    2. John Gus Zgourides
    3. Christian K. Lassen II
    4. Joel Jay Kofsky
    4 lawyer answers

    First, you should have made the company aware before you left. That will cause a lot of prooof problems later. If you know where you fell, go back and take photos of the pothole. Talk to a local Minnesota lawyer for help with your state's "slip and fall" laws. Most states require a plaintiff to show that the land owner had a defective condition on the floor/parking lot that unreasonably posed a risk of injury. Many states require a plaintiff to show that the company knew or should have...

    10 lawyers agreed with this answer

  7. !!!Can I be refused treatment and a new doctor at an affiliated medical clinic because my doctor has lied about me to them?

    Answered 8 months ago.

    1. Marc Edward Stewart
    2. David A. Papa
    3. Christian K. Lassen II
    4. C. Donald Briggs III
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Technically, the same rule applies to doctors as does restaurants: no shirt, no shoes, no service. Meaning, they get to choose who they serve even if their reasons aren't always necessarily fair. The only exception is in ERs when a medically unstable patient arrives.

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  8. Should I pursue a lawsuit when a biopsy's analysis was wrong and lead to permanent disfigurement?

    Answered over 1 year ago.

    1. Christian K. Lassen II
    2. Paul J Molinaro
    3. Marc Edward Stewart
    4. Chris Matthew Limberopoulos
    4 lawyer answers

    Your damages are mainly if not solely disfigurement. And just to the ear, I presume. Given this presumption on my part, I think your damages are insufficient to justify the great expense of pursuing a legal claim. These cases cost tens of thousands of dollars to litigate. A reasonable settlement value for your claim might be $5,000 or $10,000. But you'd spend much more than that just paying your medical expert witnesses. Not economical. Keep in mind that the statute of limitations, at least...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Pediatrician lost my sons medical records.

    Answered 11 months ago.

    1. Marc Edward Stewart
    2. Josh P Tolin
    3. Philip Anthony Fabiano
    4. Christian K. Lassen II
    4 lawyer answers

    First, this isn't a medical malpractice issue but really a business issue. No injury has occurred to a patient. Instead, the problem is that the daycare demands proof of vaccinations and the clinic lost the record. I would recommend scheduling a meeting with the physician. Explain the problem. The solution should be this: if the doctor agrees that the vaccination was indeed provided, then the doctor can generate a new record to "prove" that it happened to fix the issue of the lost record. Or...

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  10. How to dispute emergency room bill?

    Answered 8 months ago.

    1. Elizabeth Taylor Herd
    2. Christian K. Lassen II
    3. Marc Edward Stewart
    4. Richard Todd Rosenstein
    5. Lars A. Lundeen
    5 lawyer answers

    Any bill for services can be disputed, from an auto mechanic's bill to a hospital bill. Whether you'll successfully convince the provider to reduce a charge is another matter. When a patient presents to a medical facility in an emergent medical situation, the physician is not obligated to simply order the tests that the patient demands and then not order tests the patient denies. In other words, the patient does not dictate the nature of the care except to the extent that the patient provides...

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