David Blau’s Answers

Vehicle accident insurance question.

David’s Answer

• November 11, 2015 8:50pm

I would assume that your friend has no insurance on the truck. If there is insurance on the truck, then the problem is solved. If not, your policy might extend to the liability portion of the claim of the other driver as you were using a temporary replacement vehicle. I would get a copy of your policy and review with a local attorney as soon as you can.

Medical negligence/malpractice?

David’s Answer

• November 11, 2015 6:18pm

While it certainly sounds like you received substandard care while admitted to the hospital, I agree with the others that this does not appear to rise to the level of a malpractice claim. I would suggest contacting the State of Arizona and filing a formal complaint with the regulatory office in charge of investigating hospitals. This can generally be done for free, and an investigation will undoubtedly prompt some action on the part of the facility you were treated at.

If I believe I have a medical malpractice case. How do I know to speak to either a malpractice or a personal injury attorney?

David’s Answer

• October 21, 2015 5:04pm

Many injury attorneys will interview you and give you an opinion regarding your potential medical malpractice claim, but not all injury attorneys venture into this area because of the expense and uncertainty of this type of litigation. If you are asked to pay a research fee or a consultation fee for the time the attorney expects will be required for his review of your case, I would move on to someone else who would do an initial investigation for free.

For medical malpractice, how long after the fact can I still bring charges or a case against a doctor?

David’s Answer

• October 1, 2015 4:02pm

As stated below, the statue of limitations is ordinarily 3 years in a medical malpractice claim, which can be extended if there is active concealment of the malpractice by the responsible physician.

Pressure sore cases often involve difficult wound care, and can have multiple methods of treatment. Because one method was successful and one method was not would not automatically mean that malpractice has been committed.

Do I need a malpractice lawyer ?

David’s Answer

• October 1, 2015 3:36pm

No, this is not an actionable medical malpractice claim. Rudeness or bad bedside manner would not rise to the level required for a medical malpractice claim

If you have ongoing concerns about your care under this medical provider, I too would suggest finding a different doctor. If this has been a pattern of behavior for this physician, I would consider complaining to the State of Wisconsin Department of Regulation and Licensing; they will investigate this matter for free.