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John David Kelner

John Kelner’s Answers

73 total


  • Can I sue my plastic surgeon for malpractice?

    On year 2000 I got Type 2 Breast Cancer on my left breast. Later I had a complete Mastectomy with the removal of all the linfatic glands under my arm ( 2 of them with cancer cells) and full Chemotherapy. The day of the surgery two doctors wo...

    John’s Answer

    I have tried this exact case. This may be fraud if the facts are true and if you were sold an implant. You have a statute of limitations problem. I don't know, but I think, even 16 years ago, using an expander (intended for a max use of 6 months) was fraud if you were 'sold' an implant. I presume that the second surgeon took pictures of the expander. But your only recourse may be to report this to the State of Florida.

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  • What type of attorney should I go to so that I can present my situation and hopefully sue this place for my money back?

    I had lasik surgery 13 months ago which did not improve my eyesight as they promised it would and I had to pay over 2k for this procedure. During my 1 yr follow up the woman who retested my eyes said that I would probably need a "tune-up" that it...

    John’s Answer

    You haven't said what type of surgery this was - lasik, PRK, RK, cataract, etc. There are different standards for each.... You didn't say what your vision was before the surgery or after as far as visual acuity number or if you reading vision has changed. Without this, no attorney can interview you. It is expensive to get records and more expensive to pursue a claim. Claims just to get your money back, as another attorney has pointed out, is unproductive for any attorney skilled enough to understand what they are doing.

    If you post more information, including who followed you (ophthalmologist or optometrist) that would be helpful to guide you also.

    Good Luck.

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  • Do I have a malpractice suite?

    The orthopedist who performed the surgery on my left foot inserted screws that are too long and have created holes in my talus that can be seem on CT. I have another scheduled surgery to remove the screws, and removing the nerve which is going to ...

    John’s Answer

    I agree with the other comments. Get to an attorney who handles medical negligence to have your case reviewed. There are time limits on bringing claims.

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  • I need an attorney for a human growth hormone side effect injury

    I was prescribed hgh for growth hormone deficiency in early 2011 and took hgh till about January 2014. A few months after I stopped taking the hgh in April I was rushed to the ER because I was having a seizure because my blood sugar was way to low...

    John’s Answer

    There was, in all likllihood a reason HGH was prescribed for you and delivered. You have not stated your age. If this was for 'elective' medical treatment there could be a different answer. Somewhere along the care provided someone must have had you sign a consent form if you are an adult and you must have known that there are risks of this treatment. hypoglycemia as a result of small doses of HGH has been known since the 1960's and was once considered a possible treatment for diabetes. Your claim, if any is not with the HGH. It is with the treatment received at the ER and it doesn't really matter WHY you were hypoglycemic - you were. It was their job to find out why and treat you. So the condition of reactive hypoglycemia is likely not a malpractice event. And the ER likely caused you no damage other than failure to diagnose you right away which is not financially worth pursuing. I don't know that you have a case against either the prescriber of the HGH or the ER but for different reasons. You may want to speak to a malpractice attorney and be more focused on what you think was wrong with your care. If it was the HGH, your attorney will need you old medical records. If it was at the ER, you need to specify what damages you suffered as a result of their failure to FULLY diagnose you at that time. Good luck.

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  • Do I have a case for a dental accident?

    I got my teeth extracted by a dentist near me and he left my mouth half numb and nerve damage on one side on my mouth .

    John’s Answer

    I am not a dentist. However..... occasionally, the nerve will get traumatized from the injection. It happens. It is not negligence if that happens unless there was some other reason to believe that it would. Nerves regenerate. If you speak to your dentist or another dentist they will quote you exact numbers on how long it may take to recover (for the nerve to re-connect). You may want to speak to another dentist and not the one where the injury occurred. Remember you have a limited time to bring a malpractice claim. Without knowing WHEN this occurred and how long it has been, I can't tell you from my knowledge if you are permanently injured. As others have said, speak to an attorney. But if it has only been days or a few weeks, you may want to wait or at least speak to another dentist.

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  • Can my medical malpractice attorney do this?

    My girlfriend and I currently have a medical malpractice lawsuit pending. We lost our 7mo old baby do to deviation of proper care at a hospital. Our lawyer is suing the hospital and the doctor seperately. We've recently settled with the doctor's i...

    John’s Answer

    Your agreement with your attorney is contained in the retainer you signed. It likely does not require him/her to waive fees and it may not speak to handling partial settlements and keeping possible future costs as a 'retainer' of sorts - or it may. Read it. Remember your attorney is taking all of the risk with all of his money and time. You probably DID agree to pay back costs and you didn't mention the past costs These cases are hugely expensive to handle. I would suggest a discussion with your attorney to resolve this. If you cannot come to an agreement you can seek other counsel.

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  • Improper positioning during anesthesia created inability to walk. Malpractice case.

    On July 6 I had a Radio Frequency Ablation procedure done at a Surgical Ambulatory business . During my exit I lost functionality on my right leg. The attendant remarked it happens about once a week. I failed to get help because I thought it wa...

    John’s Answer

    Greetings to Scott. I agree with his and the other advice given to you. Find a good malpractice attorney and have them look into this.

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  • How would I go about finding a medical malpractice attorney

    cut my finger on a piece of glass I went to the hospital where the doctor told me it wasn't that bad give me three stitches and a suture kit and told me I did not have to return to get the stitches removed I could remove them myself my finger slow...

    John’s Answer

    Most people have tendons which control their fingers. Most run in the same places. There are anatomical oddities and variations so I have to answer this by assuming that your have normal tendons in normal locations. Interestingly, some of the tendons don't make logical sense on locations. For example, the tendon which controls the tip of your finger is closer to your palm than the one which controls the middle joint. That doesn't make sense to me, but a cut of the finger where the finger meets the palm should cause any doctor to do movement tests to check for tendon injury. Even superficial injuries (that look superficial) can be a problem. And yes, doctors who are not paying attention or who are rushed may simply suture the wound not realizing that there is a tendon injury. And the tendons will retract if cut and become impossible to reconnect. If your tendons are going to reconnect you are very lucky. You did not indicate where the cut was or what hospital you were at or who has treated you after. The bottom line is that it is expensive to bring malpractice claims and if you don't have large damages, most attorney's can't undertake them on a contingent fee. Go speak to a malpractice attorney who does these types of cases. You also did not mention WHEN this happened. There are time limits to bring a claim. Be careful to seek help quickly.

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  • I would like to know if I can take to court the manufacturer of the knee prosthetic device which I believe became infected?

    I'm a vet and 4 years ago I received a total knee. The surgery was a success. 4 years later my knee became infected and I had to endure the most painful,mentally and physically 4.5 months in the hospital waiting to receive my new knee. They remove...

    John’s Answer

    It is possible that there is a defective product involved. You will need to get the name of the manufacturer and model number and speak to an attorney who does products liability cases. I can refer you to one if you need that. Not everyone who does medical negligence cases does medical product negligence cases. If you know someone go see them. If you ask most medical negligence attorneys, they will know someone who does medical products work. Good luck.

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  • Doctors gave my father an ennama but while doing so, punctured his colon and he died from toxins,

    I just found out and it has been 4 years. I think hospital also covered it up by saying heart attack.

    John’s Answer

    The good news is that the statute of limitations extends to 7 years for fraud or concealment. The bad news is that you do not likely have a claim worth pursuing. Adult children (over age 25) do not have medical negligence claims (damages) allowed by the State of Florida for pain and suffering. If he is married his wife may have a claim. You should consult an attorney asap if he was married or was supporting you.

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