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Michelle Marianna Maloney

Michelle Maloney’s Answers

10 total

  • Will a lawyer represent us in a civil suit against a Medical Examiner or State for a wrong death determination?

    After a 3 year fight, we got a "Determination of Death" changed on a death certificate from "Natural Causes" to "Undetermined" by the State Chief Medical Examiner. The original Medical Examiner took 2 full years to decide on what he wanted to call...

    Michelle’s Answer

    It sounds like you have been through an extraordinarily difficult ordeal since your loved one passed seven years ago. In terms of the civil suit, what kind of result against the ME's office would you want to acheieve? Due to immunity issues, it's often extremely difficult to sue governmental entities. However, this doesn't mean that you cannot potentially report the medical examiner to the medical board of your state or to the American Board of Pathology.

    Here is an article that may provide guidance to you in your quest for results:
    http://www.propublica.org/article/how-to-investigate-coroners-and-medical-examiners

    Here is a link to a very interesting article on the troubles that other families have encountered through the mistakes that Medical Examiners make: http://www.huffingtonpost.com/2011/02/02/the-real-csi-how-americas_n_816842.html

    Best of luck to you.

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  • What are our rights

    My wife went to the dentist, they told here she needed fillings and crowns, told her it was $1200 worth of work. She said go ahead do it. By the time they were done our bill was 4300. Plus the idiot dentist FORGOT to put in one of the temp crowns ...

    Michelle’s Answer

    I'm so sorry to hear about the troubles your wife has had with her dentist. She may want to request her medical and billing records so that another dentist can review the care she's already received and complete whatever care she additionally needs. The medical and billing records can also be reviewed by a medical/dental malpractice attorney in your area to determine if she potentially has a claim against the dentist or the dental clinic.

    I should warn you that medical malpratice cases are extremely challenging in Texas due to extensive tort reform that was signed into law by Governor Perry. However, an experienced medical malpractice attorney can review the specific facts of your wife's case and may have an expert dentist review the records as well to determine if there was negligence and, if negligence was found, whether this has caused a serious injury to your wife.

    I wish you and your wife the best of luck.

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  • Can a doctor be sued for minimizing a patients injuries if given all the necessary information to adequately assess the patient?

    A medical professional of many years places a 911 call for episodes of nausea and coffee ground emesis. Pt admits to previous surgery for variceal banding 7 years ago. ER doctor given this information. Pt experienced no nausea in ER an IV dose...

    Michelle’s Answer

    Your best option may be to contact a medical malpractice attorney in your area. Most medical malpractice attorneys will provide you with a free intake or consultation. You may want to request your medical records and provide them to the medical malpractice attorney for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence. Even if a medical expert finds that there was negligence, and that the negligence caused an injury to the patient, there typically have to be serious or permanent damages in order for an attorney to choose to pursue a medical malpractice case.

    I wish you the best of luck in the future.

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  • My newborn IV infiltrated and cause redness and blistering in her limb at the hospital is this a case of negligence?

    My newborn had an IV in her foot the moniter kept going off every 15 to 20 minutes the nurse did come in the room but no one checked the actual IV site they just kept resetting the moniter. my baby was crying all morning I knew something was wrong...

    Michelle’s Answer

    I’m so sorry to hear about what you and your newborn had to endure. Although it’s absolutely terrible that your child had to be in pain all night, she is very fortunate to have a diligent mother like you to alert the nurses to the problem. I handled a case wherein an IV infiltrated and the nurses did absolutely nothing to assist the patient. The patient ended up suffering from compartment syndrome requiring a major surgery and suffered some pretty serious nerve damage.

    I always tell potential clients that their good health is always better than a good lawsuit. While the fact that your baby has healed may affect the viability of a medical malpractice lawsuit, you should still contact a medical malpractice attorney in MS. You may want to request your medical records and provide them to the medical malpractice attorney for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence and damages.

    I wish you and your child the very best of luck in the future.

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  • Can my husband sue TriCare or any of the doctors involved?

    I am active duty and my husband is the dependent. After waiting three months to see a real ophthalmologist, my husband was told that he was going blind. The doctor also said that if it had been found earlier, his vision could have been saved. We w...

    Michelle’s Answer

    I’m so sorry to hear of the difficulties you and your husband have endured in trying to obtain good medical care in Texas. While your husband may have a case against this hospital or healthcare providers involved (and I urge you to consult with a medical malpractice attorney in your area as quickly as possible), there are some issues that you should probably be aware of before embarking upon litigation.

    If the care you’re complaining of took place in Texas, your husband’s potential medical malpractice case will be affected by tort reform. Tort reform, which was signed into law by Governor Perry in 2003, imposed “caps” (limits) on the amount of “damages” (money) that you can recover in a medical malpractice case. Because medical malpractice cases are extremely expensive for attorneys to pursue, the caps often make pursuing these types of claims unfeasible. The sad truth is that tort reform has prevented many families and injured persons from receiving any kind of compensation for their losses.
    You should also note that Texas has a different legal standard (above and beyond mere negligence) that applies to the rendering of “emergency” medical care (including care given in an emergency room). This can make “ER” cases much more difficult as well.

    Depending on the kind of hospital your husband visited (e.g. military hospital), you may face issues of governmental immunity which may involve the Federal Tort Claims Act. Alternatively, if your husband went to a community hospital, there are even more stringent damage caps in place, and a six month notice requirement for governmental entities.

    Finally, you should also be aware that there is usually a two (2) year statute of limitations in medical malpractice cases in Texas. This means that if you wish to bring a lawsuit on your behalf against any party involved in the claim you must do so within two (2) years of the date of the negligence to protect your legal rights, or you may be forever barred. Other statutes of limitation and notice may be applicable to your particular facts, and the interpretation and application of statutes of limitation can be complex.

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  • Can i sue a Dr. had carpal tunnel surgery and now can't bend fingers. had splint on before surgery for 2 months before surgey

    had hand pain,Dr. put splint on and left on for 2 months,then decided surgery would help.Had surgery and physical therapy and my fingers still won' bend even though it has been almost a year.

    Michelle’s Answer

    I’m so sorry to hear of your difficulties following surgery! You may want to request your medical records and provide them to a medical malpractice attorney in your area for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence. For example, in your case, your attorney may need to find a doctor who performs the same kind of procedure as the one performed on you. The doctor will need to be able to review your records and your prognosis in order to be able to opine on whether any negligence occurred. While a bad outcome after a surgery can certainly be the result of negligence, bad outcomes can also result without any negligence. Since more than a year has already passed, you may want to consult with a medical malpractice attorney sooner rather than later. The statute of limitations (the time that you have to bring a lawsuit) varies from state to state. In Texas, you generally have two years; you should talk to an attorney in your area to learn what statutes of limitation and notice are applicable to your particular facts

    Since you are still suffering from the effects of the surgery, it would probably be a good idea to also get a second opinion from a medical doctor.

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  • Is it medical malpractice if my doctor did not do a biopsy to confirm my diagnosis?

    When mainstream medical literature says a biopsy is required to confirm the diagnosis? He just looked at it through the naked eye and felt with hands. And then he did not tell me there are a myriad of other treatment options for the diagnosis th...

    Michelle’s Answer

    The answer to your question can really only be answered by a medical professional. You may want to request your medical records and provide them to a medical malpractice attorney in your area for his or her review. (Some attorneys may prefer to request the records themselves.) Once an attorney has the relevant medical records, he or she may review them and determine which (if any) medical experts will be needed to review the records to make a determination as to negligence. For example, in your case, your attorney may need to find a doctor who performs the same kind of procedure as the one performed on you. The doctor will need to be able to review your records and the most current medical literature in order to be able to opine on whether any negligence occurred.

    However, there are generally two other elements to having a medical malpractice case: Causation and Damages. We must show that the negligence caused an injury and that there was in fact an injury. For example, in my practice in Texas, we are rarely able to take medical malpractice cases where there is no injury (even if there is absolutely clear negligence). If you haven’t suffered a major injury as a result of the negligence, then you may have a more difficult time finding an attorney to take your case.

    You also raise the issue of whether you may have undergone an unnecessary surgery without your informed consent. This should be addressed with an experienced medical malpractice attorney in your area.

    I wish you the best of luck.

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  • Do I have a viable Medical Malpractice case against Hospital in a Wrongful Death Matter?

    I recently lost one of my parents who we admitted to the hospital after she was in a weakened state and couldn't eat or go to the bathroom. The ER doctors recommended dialysis which she was alert about and agreed with. This teaching hospi...

    Michelle’s Answer

    I'm so sorry to hear of your loss, particularly under these circumstances. Of course, as everyone has said, you should definitely contact an experienced medical malpractice attorney in your area for more information.

    Some of the answers to your questions should be contained in your parent's medical records. Some potential clients choose to request their own records to make it easier (or less expensive) for an attorney to review them. However, some attorneys may prefer to request the records themselves. Once an attorney has the relevant medical records, he or she will review them and determine which (if any) medical experts will need to review the records to make a determination as to negligence. For example, you may need a nephrologist or a hospitalist to examine the care that was given. The doctor will need to be able to determine the source of the internal bleeding, along with other findings, in order to be able to opine on your parent's cause of death and whether any negligence caused the death (an essential element of any wrongful death case).

    In response to the question "whether the hospital could have prevented her death," again I would refer to back to the medical records. If an autopsy was performed, valuable information may be contained in the report. When an autopsy is not performed in a wrongful death case, and cause of death is unclear, it can be very difficult for experts to render an opinion that negligence "caused" the death.

    Wrongful death cases are almost always emotionally difficult for family members to endure and I wish you the best in the future.

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  • Do I have a viable Medical Malpractice case against Hospital in a Wrongful Death Matter?

    I recently lost one of my parents who we admitted to the hospital after she was in a weakened state and couldn't eat or go to the bathroom. The ER doctors recommended dialysis which she was alert about and agreed with. This teaching hospi...

    Michelle’s Answer

    I'm so sorry to hear of your loss, particularly under these circumstances. Of course, as everyone has said, you should definitely contact an experienced medical malpractice attorney in your area for more information.

    Some of the answers to your questions should be contained in your parent's medical records. Some potential clients choose to request their own records to make it easier (or less expensive) for an attorney to review them. However, some attorneys may prefer to request the records themselves. Once an attorney has the relevant medical records, he or she will review them and determine which (if any) medical experts will need to review the records to make a determination as to negligence. For example, you may need a nephrologist or a hospitalist to examine the care that was given. The doctor will need to be able to determine the source of the internal bleeding, along with other findings, in order to be able to opine on your parent's cause of death and whether any negligence caused the death (an essential element of any wrongful death case).

    In response to the question "whether the hospital could have prevented her death," again I would refer to back to the medical records. If an autopsy was performed, valuable information may be contained in the report. When an autopsy is not performed in a wrongful death case, and cause of death is unclear, it can be very difficult for experts to render an opinion that negligence "caused" the death.

    Wrongful death cases are almost always emotionally difficult for family members to endure and I wish you the best in the future.

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  • Is my case a merit for medical malpractice vs. hospital?

    I had car wreck , was hit severely, taken by embulance to ER , after 2hrs there and a cat scan for my neck and xray for my shoulder i was asked to leave home nothing is wrong with me not even a neck brace needed . i was appalled cause i was disori...

    Michelle’s Answer

    You very well may have a case against this hospital and I urge you to consult with a medical malpractice attorney in your area as quickly as possible. However, some of the issues that you should probably be aware of before embarking upon litigation are as follows:

    1) Tort reform, which was signed into law by Governor Perry in 2003, imposed “caps” (limits) on the amount of “damages” (money) that you can recover in a medical malpractice case. Medical malpractice claims are extremely complex and challenging anyway (and particularly so in this current era of “tort reform” in Texas). Because medical malpractice cases are extremely expensive to pursue, the caps often make pursuing these types of claims unfeasible. The sad truth is that tort reform has prevented many families and injured persons from receiving any kind of compensation for their losses.

    2) Texas has a different legal standard (above and beyond mere negligence) that applies to the rendering of “emergency” medical care (including care given in an emergency room). This can make “ER” cases much more difficult as well.

    3) Stroke cases in Texas are also extremely difficult to prove as we have some rather unfavorable precedent with which to contend.

    4) Finally, you should also be aware that there is usually a two (2) year statute of limitations in medical malpractice cases in Texas. This means that if you wish to bring a lawsuit on your behalf against any party involved in the claim you must do so within two (2) years of the date of the negligence to protect your legal rights, or you may be forever barred. If there is a governmental entity involved you must place the governmental entity on notice within six (6) months of the negligence. Other statutes of limitation and notice may be applicable to your particular facts, and the interpretation and application of statutes of limitation can be complex.

    Despite all of the above, a competent and experienced medical malpractice attorney may be able to successfully pursue a case on your behalf. In fact, my firm is currently handling a similar case in which a woman was injured in a car accident, had elective surgery unrelated to the car accident shortly after the accident (and despite her misgivings), suffered a massive stroke and died. Depending on the amount of time that elapsed, the treatment that could have been given, and the damages that you suffered, you may have a medical malpractice case.

    Regardless, your good health is always better than a good lawsuit and I wish you the best in your recovery.

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