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Jennifer L Keel

Jennifer Keel’s Answers

75 total


  • My 3 years to file malpractice is up next month, but I just found out last week I was mis diagnosed big time.

    I have had 3 major back ops (1 revision already). My main complaint all along was my hip and asked surgeon numerous times is it my hip, but always said no, its my back. I never had chronic back pain, main issue hip and leg. Even in his report sta...

    Jennifer’s Answer

    I agree with my colleagues who have suggested immediate review.

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  • Do I have the legal right to get copies of all of my x rays?

    I requested copies of my x rays from an Emergency facility that I was instructed to go to after my injury. The receptionist told me I could only have two . They took five views.

    Jennifer’s Answer

    You are entitled under federal law, which requires that a patient or their designee be provided with a copy of the patient’s medical information upon request, in electronic format if such format is desired. The federal statute is cited as 45 CFR § 164.524. This includes radiology imaging, and there is no limit on how many of your own films you can have. Hospitals have the ability to very easily burn a disk of any or all of your radiology studies upon your request and typically can do this while you wait.

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  • Do I need a medical malpractice lawyer?

    I needed surgery on my leg for cat scans and MRI'S had showed a blood vessel tumor the surgeon was afraid it could be maligant. I was suppose to have surgery around November but had to post pone surgery for phemonia March the lung doctor wanted...

    Jennifer’s Answer

    You need to consult with a qualified medical malpractice attorney in your area. Note that this is *not* the same thing as a personal injury lawyer. Medical malpractice is a specialized area of law that is best handled by experienced attorneys who practice frequently in this area. There are strict limitations of time within whcih you may bring your claim, and depending on where the alleged malpractice occurred, these time limits may vary. Specifically, if you are trying to sue a government entity (i.e., University of Colorado Health System, Denver Health, and a number of others), additional rules will apply to your claim and may operate to shorten the time you have to file suit.

    Good luck.

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  • My attorney got me to sign a settlement then added the paper work in afterwards that I did not agree to.

    My attorney had me to sign papers that I did not agree to and added them back to the pile after i signed it. Which gave Workers Comp the right to disclaim body parts that they treated me for. I became disabled and these parts were part of my disa...

    Jennifer’s Answer

    There are not enough details here to allow for an intelligent response. Settlement documents are generally created after an agreement has been reached. For example, the parties to a dispute may attend a settlement conference in which they agree on a settlement. While the parties might sign something informal basically just stating that they've come to an agreement that will be memorialized in more detail in the coming days/weeks, it is often the case that the real settlement agreement is not signed until severals days or weeks later. There an also be delays between reaching an agreement and finalizing the agreement in writing in cases where court or probate approval is required.

    Once an agreement in principle is reached, however, you're usually going to be stuck with it unless something really out of the ordinary happens. This means that if you later decide--after the verbal agreement and before the signatures--that you don't like the deal anymore, it may be too late. I don't know what really transpired between you and your attorney or your attorney and the other parties, but there are situations where you truly might not be able to back out of a settlement, so it is not at all clear to me that your lawyer has done anything wrong, except perhaps in not adequately explaining the realities of the situation to you. It sounds like you need to have a candid converation with your lawyer and ask why you are not able to revoke your agreement now. That's your first step, before assuming legal malpractice has occurred and hiring a lawyer to talk to your lawyer-- talk to them yourself and ask them to help you understand why you are being told that you're stuck with this settlement now.

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  • 17 yr old pregnant female. is dr office allowed to give information to parent who carries insurance ?

    patient signed form at dr office that the only person allowed access to her information is her boyfriend she is estranged from parent but still under mothers insurance lives with grandmother dr office stated they can give information to parent

    Jennifer’s Answer

    In most situations, a minor child is considered to be "emancipated" from their parents when they have a baby and/or are pregnant. You may want to check with an attorney in your state to see what the specific legal requirements are for emancipation--i.e., whether the pregnancy is sufficient, or if the baby has to be born for the mother to be considered emancipated from her parents. There may also be differing laws governing what information can be released to parents regarding the reproductive health/care/rights of a minor child who is or is not emancipated.

    If the 17-year-old is considered to be emancipated from her parents, or if the state's laws afford her privacy for reproductive care information, then she would have to sign a HIPPA-compliant release authorizing the doctor to disclose information to the parents.

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  • Can a Dr. that I may choice to be my new primary care Dr. wants to get more information from my other Dr. without my signature

    Is that legal for a primary care Dr. to get medical records about me from other health care Dr. with out my signature?

    Jennifer’s Answer

    Probably not, but sometimes, maybe. I say probably not because, assuming the doctors are not located in the same practice group, or are not both part of a centralized records system (such as with Kaiser Health), you would have to sign a HIPPA-compliant release form authorizing the old doctor to release your records to the new doctor. Without that form, it is not usually possible for unrelated physicians to share information about you.

    However, as I mentioned above, if the 2 doctors are partners in the same medical practice, your chart likely belongs to the practice group, meaning that anyone in that office would be authorized to access it, pursuant to the releases and consents you gave when signing on with that practice group. Similarly, hospitalists have access to all your records in a hospital, so that they are able to pull up your older charts in the event you return later with other problems or the same problems. Lastly, organizations like Kaiser also have centralized medical records, and your consents and authorizations with Kaiser may (depending on your state laws and case law) permit anyone in the Kaiser system to access any of your records there.

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  • Can you sue a doctor for viloent behavior(yelling,screaming, throwing papers, refusing to answer you health questions ?

    I went to a hospital were i was being treated for pain and also reciving an apology from another doc for a discrimating act thxs to the hospital ambasdor. It so happened at first the doc that was treating me was the one with the apology and this t...

    Jennifer’s Answer

    Acknowledging that there are always at least 2 sides to any story, such behavior from a physician is probably inappropriate. Nevertheless, poor bedside manner is not usually a valid basis for professional malpractice. A better option may be to discuss your concerns with the hospital administration and/or with the governing body controlling physicians in your state. You can usually find contact for that administrative body by doing an internet search for a phrase like "[State Name] Board of Medical Examiners" or "[State Name] Board of Physicians". Good Luck.

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  • Was this medical malpractice ?

    I suffered a tragic ectopic pregnancy exactly 1 year ago next month. This was my third pregnancy that ended up as ectopic. I went to my OB repeatedly with the this pregnancy complaining of bleeding and pressure on my abdomen. I was told that was ...

    Jennifer’s Answer

    I agree with my colleagues who have suggested that you speak to a qualified attorney in your area. You should do so without delay, because there are time limitations for bringing this (or any) type of lawsuit, and medical malpractice claims in particular can take a while to properly investigate and prepare for filing. In order to ensure that you give an attorney sufficient time to prepare your case and get it filed on time, don't delay! Good luck to you.

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  • Can I sue if my son was given the wrong medication.

    While My son was in a youth center he was given someone elses medication which was a antibiotic when he was suppose to be given eye drops for a pink eye. I was not notified about the error when it took place. My son called home and told me what to...

    Jennifer’s Answer

    If your son wasn't injured by this mistake, then it's not appropriate to think about suing anyone. It is unfortunate that this happened, certainly, but it might be more constructive to talk to the center about protections that could be put into place to prevent future errors of this sort from happening.

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  • What can we do legally?

    During his last visit my Father in Law who is in his 70s made a comment voicing his opinion that they are willing to help you only when they are making money. The nurse told his doctor and now he has been banned for the office. What can we do?

    Jennifer’s Answer

    So what is your question, exactly? It's not clear to me from the information you've provided.

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