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Brian Keith Findley

Brian Findley’s Answers

13 total


  • Do I have a valid malpractice case, and how long do I have to file after a surgical error?

    I had surgery on my hand last summer to relieve complications from a torn thumb tendon. It was supposed to be a quick procedure and quick recovery. However, the surgeon didn't check if I was fully anesthetized before he started cutting. (He said h...

    Brian’s Answer

    You may have a vaild medical malpractice claim and it may involve more than your suregon, e.g., the anesthesiologist. There is generally a one year statute of limitations but your statute may be shorter depending on the circumstances. You should contact a lawyer practicing in this area immediately to discuss your claim.

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  • I signed papers saying if anything happened during my c section I could not sue the hospital does that mean the doctor too?

    I had a scheduled c section February 2013 at a residential hospital. The delivery doctor broke my daugher's femur. There was two doctors in the OR with me as well as two nurses every thing was going good then we ALL heard a pop. my baby's doctor o...

    Brian’s Answer

    Birth injuries can be serious, you are right to be concerned. If you are able, it may help to get a second (medical) opinion, from a doctor in a different medical group, about diagnosis and prognosis for your daughter. From your description it sounds like the right specialty might be a pediatric orthopedist.

    Extended statutes of limitation sometimes apply to medical negligence cases involving children, but witness memories fade and records become lost or destroyed. Consult a med negligence attorney sooner rather than later.

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  • Do I have a personal injury or malpractice case?

    Had avascular necrosis of my hips while pregnant. Pain in my left hip affected my walking. MRI done showed the necrosis but no actual damage to the hip bone. No treatment was suggested because of my pregnancy. During birth, first nurse stated they...

    Brian’s Answer

    This appears to be a possible medical malpractice claim. You should consult an attorney in our field about your injury.

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  • Should I take action against my pharmacy when giving me the wrong medicine?

    I dropped off my prescriptions and picked them up at the end of the day. There were two prescriptions. Instead of giving me adderol they gave me diazepam. I signed and left without noticing any differance and went home. After taking two of my meds...

    Brian’s Answer

    Without lasting damages the costs of litigation would probably outweigh the award you might recieve. Foutunately for you, the harm caused to you appears to be temporary. Ask your doctor about what harm was caused to you and if there's anything that needs to be done about it.

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  • Hi, Do I have a case for medical malpractice?

    I previously had cancer but was in remission. My Dr knew I used to have cancer but did not tell me my annual blood test clearly showed the cancer was back. He did not tell me for an entire year, and now the tumor is substantially larger and causin...

    Brian’s Answer

    I am sorry to hear about your condition but let me be frank. Delayed diagnosis of cancer cases in CA generally hinge upon chances of survival going from likely (51% or greater) to unlikely because of the delay. An expert oncologist will need to review medical records to make that determination. Consult with a medical malpractice attorney to see if that level of review is warranted for your claim. And put your health first, get the medical care you need.

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  • I need legal help in filing a lawsuit against either Paraguard manufacturers or medical malpractice. Not sure which one.

    I have had a Paraguard IUD inserted about 9 months ago. During the insertions i experienced major pain, which lasted for at least 4 days after. I had periodic random cramps throughout the 9 month period but never paid much attention. 2 months ago ...

    Brian’s Answer

    Your health comes first, of course. Don't stop seeking good medical care to correct the poor placement of the IUD. The procedure to insert the device may have been done incorrectly, or the device itself may be defective, or both (or neither). Medical device claims can be tricky, because a certain level of FDA testing and approval canimmunize a device from a products liability suit. Please take care of your health and consult an atorney if you feel any significant harm has been caused to you.

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  • California law, my daughter and a dog were hit by a car who went through a stop sign. Dog put down, daughter with minor injuries

    My question is what can we expect from the insuance company of the driver? Is she entitled to any compensation? Pain and suffering, gas mileage cause she can not drive (foot broke) to work. Also the vet bill,as we took him to emergency.

    Brian’s Answer

    How unfortunate for your family. Based on what you have said, you probably have a claim against the other driver's insurance. You really should consult an injury attorney to ensure you get what you're entitled to.

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  • I was diagnosed with Cauda Equina Syndrome In 2009. I was not treated until 4 days after the MRI showing the problem.

    Can I still bring a case?

    Brian’s Answer

    Reading through the attorney responses here brings to light how important it is to consult an attorney in the field. Medical malpractice in California is a complex area of practice.

    A 4 day delay in treatment for cauda equina can be extremely serious. But the threshold issue in your case will be whether the statute of limitations has expired. Many cases involve a one-year limit from when you knew or should have known of the injury. There are exceptions, but 2009 is pretty distant. You should consult a CA medical malpractice attorney regarding your specific facts.

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  • Can I start a claim for a Surgery that was done on my Left middle finger on 11/28/12 that didn't go so well?

    On 11/28/12, I got a surgery on my middle Left finger that I cut on 11/22/12. So the surgeon said that I have to get a surgery right away so that it get fixed and get back to Normal. Meaning my finger straighten back to Normal. But after sever...

    Brian’s Answer

    The answer will likely be in your medical records. Request a copy of your medical records and consult a medical malpractice attorney.

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  • Do we have a case for medical malpractice?

    My bro's knee hurt, so we took him to our doctor; she ended up ordering a X-ray. When we went in as a walk in to get the results; the receptionist denied my bro the right to see the doctor because "his X-ray was normal". my mom saw the doctor for...

    Brian’s Answer

    It's possible something was missed by the radiologist or the doctor in interpreting the films which would have required immediate follow up. Request a copy of the medical records including radiology reports. Our website will walk you through how to do that. www.janmulligan.com. Then contact a medical malpractice attorney to see if they can help you.

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