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Marc Edward Stewart

Marc Stewart’s Answers

1,489 total


  • Ok I've got a question

    My wife went into a hosp. in Fla. and she has double by-pass surgery after the operation was over we went into the ICU to see her. she looked great was sitting up eating ,talking and was her old self.at this time she had a external pace maker . an...

    Marc’s Answer

    Sounds like she acquired a serious bacterial infection in the hospital following her heart surgery. I am guessing this as they had you wearing special gowns when visiting and I'm interpreting the "blood disease" as a "blood borne, systemic bacterial sepsis." Just a guess. If it is correct, this is a complication that can happen even under the best of circumstances these days. It is hard to build a successful medical malpractice case around a terrible infection like this as they can happen in the absence of medical error.

    Best bet is to have an attorney in your area review the medical records.

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  • Is a surgeon required to divulge an adverse outcome in a timely fashion to allow intervention to improve clinical status?

    Single level lumbar fusion 8/13. Continuing pain post op required placement of an implantable pain pump. Same neurosurgeon performed this procedure - twice - requiring CT scan to confirm placement. Clinical status continued to decline. MRI 3/1...

    Marc’s Answer

    It's always hard -- if not impossible -- to render even a somewhat helpful opinion with limited info like this. Having said that, I suspect this would be a tough case. Let's presume that a medical provider erred and that this could be easily established. The next step is to prove that the patient's poor medical outcome would have been avoided but for the error. That's the big challenge I foresee. Successful recovery from any complex back surgery is a crap shoot; indeed, bad outcomes are routine. This is chalked up to natural patient-to-patient variances in healing, infection, scar tissue development, variations in fusion rates, whether the patient has issues involving smoking, weight, etc. It is hard to prove that a better outcome would have occurred in these kinds of surgeries.

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  • Can I sue for misdiagnosis?

    I was 17 in foster care and the doctor hardly paid any attention. Many kids said that you could ask for any medication and he would give it. He diagnosed me as being severely depressed, having anxiety and PTSD. Prescribed 450 mg Welbutrin and 20 m...

    Marc’s Answer

    Unlike physical injuries and diseases, mental illness is inherently much less definitive in diagnosis. For example, an angiogram is the well accepted "gold standard" for detecting narrowed coronary arteries. It is different for mental health. There is no "gold standard" test to absolutely determine the nature of a mental condition such as borderline personality disorder. This is particularly true when the patient has legitimate symptoms that could stem from a wide array of mental conditions. I suspect that you will have a tough time establishing that the psychiatrist in your case violated a standard of care. Remember that it is the plaintiff that always bears the burden of proof. My advice is to use avvo.com or google to locate an experienced attorney in Fayetteville or Rogers, AR, that has experience handling medical negligence cases. Or you might try an attorney in Dallas, TX, named Skip Simpson. His focus is malpractice claims concerning mental health.

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  • What kind of attorney do we need to look for?

    My mother had been prescribed narcotics for about 7 years. Recently she had a stroke due to Morphine. Her doctor cut her off cold turkey without any help. She's been suffering for about 2 weeks going through withdrawal. 2 other doctors have advise...

    Marc’s Answer

    You are emailing from El Paso, TX, apparently. Whether your mom might have a viable claim depends heavily on the state where the events occurred. If it was New Mexico, that is one thing. But if the case happened in Texas, your mom likely would not have a viable legal claim. TX enacted very unfair tort reform laws to help insulate medical providers from legal accountability in the courts. It's a complicated issue but the bottom line is that the damages suffered by your mom wouldn't be sufficient to justify the great expense of litigation given that she is not dead, not permanently injured or paralyzed, etc. Sounds terrible, I know. the reason is the artificial cap on damages imposed by these tort reform rules.

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  • What do I need to do????

    My son was 2 months premature, he was having heart rate drops before being discharged from the hospital. He was in the hospital for 2 months after he was born.They was suppose to send him home with a heart monitor, they said they couldn't find one...

    Marc’s Answer

    You should consult with a medical malpractice attorney in Little Rock. Use avvo's lawyer finder tool or just google it. I can't say with certainty that you have a valid and viable legal claim. But it is worth investigating given the depth of this tragedy. The medical records will need to be obtained and reviewed, likely.

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  • I had my galbladder taken out a year ago but they never cleaned my bile duct out.

    I had surgery over the past weekend to remove 2 6 millimeter stones that were left behind it was sopposed to be laproschotic(sp) but ended up with a 12 inch incision on my stomach is was operated on for 5 hours.since the operation I have been plau...

    Marc’s Answer

    Sometimes, the inflamed gallbladder is impossible to safely remove laparoscopically and the surgery must be converted to an "open" procedure, where they make the old-school incision and go in. This can make the surgery go longer. Just because this happened in your case does not mean that medical malpractice occurred. In fact, it may well have been malpractice had the surgeon stubbornly tried to complete the surgery without converting to an open procedure (because it might have been unsafe).

    Of course, the only way to really know if negligence occurred is to obtain the medical records and review the operative report. You might want to contact a local med-mal attorney and ask about this.

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  • Can a doctor be sue for terminating her patient?

    As a patient I was wrongful terminated by my doctor

    Marc’s Answer

    No, a doctor can stop providing services to a patient anytime they like as long as the patient is not in an emergent unstable medical state in an ER. A doctor selling their services in a clinic is really no different than a restaurant. A restaurant can decline to serve, so can a doctor. In your case, you should want to be treated by a physician that also wants to treat you...in other words, you don't want to get treatment from a doctor that is being forced to serve you. Your best bet is to find a new doctor.

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  • Do lawyers not take wrongful death suits for unborn babies? I can't find a lawyer to review my case.

    I lost my son at full term and their was obvious negligence on the part of my care takers and hospital. Yet it has been so hard to find a lawyer here in my area and in Texas.

    Marc’s Answer

    It's not that lawyers do not think much of your case. The problem is that the Texas Legislature passed laws prohibiting plaintiff to make a case for wrongful death involving unborn babies. You can thank your TX legislature for that. It's part of TX tort reform to help insulate doctors from legal accountability. You should consider this issue the next time you vote.

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  • Was there medical malpractice?

    My newborn suffered a severe case of meconium aspiration syndrome. Although he was transferred to another hospital in Corpus for treatment, sadly he passed away 10 dayslater. I strongly believe my child was in distress during labor and the nurse ...

    Marc’s Answer

    Meconium aspiration alone does not mean that malpractice occurred. It can happen under the best of circumstances. However, it remains possible that the delivery should have occurred sooner due to fetal distress. The fetal monitor strips may need to be obtained and examined. This will show whether your baby had decreased heart rate episodes during the last minutes of the labor. Contact an experienced medical malpractice lawyer in Corpus, Houston, or San Antonio. You'll need to find someone that has experience with obstetrical malpractice as the medicine is very specialized.

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