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Brian Robert Wilson

Brian Wilson’s Answers

52 total


  • Is there a legitimate case to sue the doctor?

    My girlfriend had a burn on her finger, second degree, went to hospital for it, was kept three days and they had a surgeon debrief the wound, and she was released. On her follow up she was told to put diaper rash cream on it, and that caused her t...

    Brian’s Answer

    Because an amputation is involved, I would contact a Columbus based malpractice attorney as soon as possible. The issue will be whether the discharge and follow up instructions and medications were adequate, and/or whether your girlfriend followed them. The only way to know this is to have the attorney review the records with a qualified medical expert. But don't wait to do this. Ohio has one of the most stringent and short statutes of limitations in the U.S--one year. Please consult with an attorney as to when the one year clock begins to tick. Best of luck to you.

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  • Do we possibly have a case?

    MY FATHER ASPIRATED UNDER ANESTHESIA AFTER BEING GIVEN CRUSHED PILLS AND APPLESAUCE IN PITTSBURGH HOSPITAL FOR A HIP SURGERY. NOW HAS A PEG TUBE AND CAME 2 A LOCAL FACILITY TO REHAB AND AFTER 2 DAYS AND PRECAUTIONS NOT FOLLOWED ENDED UP IN ER WITH...

    Brian’s Answer

    Hello:
    When did your father aspirate? Post-operatively? Intraoperatively? I'm not sure from your description. In any event, you need to obtain copies of your father's COMPLETE medical records in order to find out the "official" version of what happened as contained in the records. I would consult with a qualified Pittsburgh malpractice attorney as to the particulars of PA law and the timing of when and how to obtain those records, and go from there. Best of luck to you and I hope your father improves.

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  • Need immediate advice about my son's medication and a recall

    My son doctor prescribed him Albuterol Sulfate for his asthma but then, I received a letter in the mail yesterday on 1/25/2016 that the U.S. Food and Drug Administration had issued a recall on this exact medicine due to the carrier being defectiv...

    Brian’s Answer

    Call your Dr and notify him/her of the issue. Not sure why this is defective from your post but I would save any vials for future reference until you hear more. If someone wants the meds returned for whatever reason, consult with an attorney in your area. Also make sure you photo the vials and retrieve/document the lot numbers or any identifying information for the drugs.

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  • WILL I BE ABLE TO SUE THIS PLASTIC SURGEON FOR NEGLIGENCE. s

    I had breast augmentation in May 2012 and was supposed to have been given a breast lift as well. Well from exactly 2-3 months after I noticed the breast were not lifted and I experienced much pain and numbness in my right breast. I explained this ...

    Brian’s Answer

    Howard Mishkind and Brian Eisen are spot on as to issues you may have with the statute of limitations possibly expiring. I would add that you need to get your complete records from the surgeon as soon as possible so you can at least identify your last visit to the surgeon, which is important in determining when your 1 year S/L possibly began to start running.

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  • Will his insurance company pay for my cars damages?

    I was sitting at a red light waiting for it to turn green when a car ran into the back of my car. The damage isn't bad, and when I got an estimate the average price was around $850 to fix. He has insurance, but I don't. Will his insurance company ...

    Brian’s Answer

    Your lack of insurance does not get them out of paying for your damage. But since you don't have the option of having your own insurance company fix your car, you are at the mercy of the at fault party's ins co in terms of what they will pay. good luck.

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  • In a car accident. Other persons fault. Doctor referred me for PT. Bills need paid....what do I do???

    Turned down by KNR because I didn't have a referral at the time I called them.

    Brian’s Answer

    Not sure why you were turned down, but call your auto ins co. If you have medical payments coverage, your ins co will pay any necessary and reasonable bills up to the limits of your coverage. I assumed from your question you had no health insurance coverage, but if you do that is an option as well. Good luck.

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  • Ho do I prove my innocence in a car accident when the evidence will not be provided?

    I was hit by a speeding patrol car, he went left of center an hit me just moments after I left my house. Of course the officer said it was my fault. My attorney asked for the dash cam footage, was told it was not turned on. Also asked for the even...

    Brian’s Answer

    Nothing yet. This is exactly the conversation you should be having with your attorney. The grass is not always greener, and sometimes it is difficult to switch horses midstream. 98% of all these problems can be worked out over a nice face to face meeting and a cup of coffee. The other 2% will be self-evident at some point in time. The best advice I can give is to do everything you can to get on the same page with your attorney. And if that can't be done, then and only then should you look for someone else.

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  • I was in an auto accident, where the person that hit me has taken full responsibility and so has there insurance.

    I think they are trying to low ball me on an personal injury settlement. I have no broken bones but about 8000.00 plus in total medical including rehab. They want to offer me a 1500.00 settlement. Is this fair?

    Brian’s Answer

    Very possibly yes. But it depends upon a number of factors, such as whether liability is clear or disputed, the severity/nature of the impact, the timing, nature, and reasonableness of your treatment and bills, and whether you had a previous history of injuries. I would suggest you call a competent personal injury attorney who can review all this information and give you an opinion as to whether he or she can do materially better than what the insurance company is offering you now.

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  • Should I have staples left inside from a gall bladder surgery?

    I had xrays taken of my back yesterday and that's when I was told I have staples inside from my gallbladder surgery. This concerns me. The surgery was August 1, 2014.

    Brian’s Answer

    I'm no doctor, and as the commercial goes I did not stay at a Holiday Inn Express last night, but from handling botched gall bladder removal cases I do know that there are typically clips left inside the body where the cystic duct and the cystic artery are clipped ( in order to free and remove the gall bladder). Usually there are 4 on average but I would simply ask your surgeon about it. May be entirely normal.

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  • Is there a course of action to prove faulty medical records in order to get a affidavit of merit?

    Our 10 yr old daughter was sent home from ER, very obviously ill, Dr. ridiculing us that she only had a little virus. She died 20 hours later. A simple blood test & IV antibiotic would have saved her life. We sought legal help, but getting an affi...

    Brian’s Answer

    I am so sorry to hear of this, and my heart goes out to you. I can't begin to imagine what you've been through. To try to answer your question, it sounds like you went to an attorney, who had the records reviewed by a medical expert. I would consider asking that attorney, or another competent malpractice attorney, to reduce your observations to an affidavit and have that or some other expert review your affidavit in addition to the records. I believe Ohio law, and specifically our Civ R 10, which governs affidavits of merit, does not limit an expert's review and affidavit requirement SOLELY to medical records. I wish you all the best, and again, please accept my condolences.

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