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Fred Rispoli
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Fred Rispoli’s Answers

12 total


  • How do i know if my issue is qualified as malpractice?

    My mother was in a nursing/rehabilitation home after having a blood infection do to a infected dialysis catheter. They didn't think she was going to make it and has been hospitalized more often then not since November 2015. After she was stabilize...

    Fred’s Answer

    As mentioned, reviewing the medical records will be key, but it certainly sounds like your mother has a viable claim. Sadly, infection control is poor at most hospitals--even worse at skilled nursing facilities. [Here is one example of the scope of the problem: http://www.modernhealthcare.com/article/20160525/NEWS/160529934] There is typically little to no documentation that catheter disinfection procedures are performed. As to the incorrect antibiotic doses, looking at your mother's MARs (Medication Administration Records) will shed some light on what is going on (although those could be incomplete or altered). But definitely seek out an attorney that has expertise in nursing home abuse litigation.

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  • How would you go about suing a sheriffs department for not securing a scene for medical personnel to respond to gunshot victim -

    medical personnel arrived within 6 minutes and were unable to assess my son for 30 minutes after arrival; my son's death was a result of a homicide.

    Fred’s Answer

    I would only add that another key point in the strength of this case is causation and contribution of fault. For example, if the medical evidence suggests that your son would have passed even if he was attacked on scene at the emergency room with doctors standing by, you will not have a case against the police department. If, however, the evidence is clear that the 30 minutes EMT had to wait would have resulted in your son's life being saved, the case is much stronger. Then, the next point is how will a jury decide fault? Obviously, your son's attacker bears a significant portion of blame, as do the individuals who prevented EMT personnel from treating your son. If a jury finds 80% of the fault is on the attacker (who likely does not have insurance coverage), then it would be economically difficult to litigate the case.

    You have suffered a terrible loss; I am so sorry this happened to you and your family.

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  • Do I refer to a medical malpractice lawyer? Not sure if there are any local attorneys who specialize in this.

    My husband and I have gone through multiple infertility treatments over the past two years. We have just found out that all along, my husband has poor DNA in his sperm. This is something that could've easily been tested and seen and would have avo...

    Fred’s Answer

    Your potential claim would be categorized by a court as medical malpractice as it involves a claim of negligence against a healthcare professional (see Arizona Revised Statutes Sections 12-2601--12-2605). Whether your claim is strong enough to prevail depends (primarily) on the answer to this question: At what point during your infertility treatment was it the duty of the medical provider to test the quality of your husband's sperm? This question can be easily answered by having a consultant who specializes in infertility treatment review your medical records and opine on whether your doctor's course of action was reasonable. Getting your medical records as well as the right consultant is what a medical malpractice attorney specializes in.

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  • Is this medical malpractice or negligence?

    Had previously asked about medical malpractice regarding a hospital in Mesa, Az. We now come to find the implantable cardioverter defibrillator was not placed properly (half way under an armpit is not proper location). The device cannot be moved a...

    Fred’s Answer

    As my colleagues have noted, a great deal more facts must be uncovered before an attorney could determine the strength of a medical malpractice claim. An implantable cardioverter defibrillator ("ICD") placement typically carries a low complication rate. Further, those complications are usually limited to bleeding, introduction of air into the area between the lung and chest and perforation of the heart muscle. Implantation of an ICD often requires a cardiologist with specialty training in clinical cardiac electrophysiology. ICDs are commonly placed under the skin of the chest, abdomen or collarbone.

    Although you indicate the armpit is not the proper location, newer ICDs called subcutaneous ICDs ("S-ICD") are placed under armpit. Of course, whether a patient receives an ICD or S-ICD, it is the physician's responsibility to get true, informed consent from the patient about the pros and cons of each device.

    Long story short: You need to contact an Arizona attorney specializing in medical malpractice to get to the bottom of the issue.

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  • How would i get started? What do I Need?

    I feel my mother life was cut short by a nursing staff that didn't know what they were doing. I would like to start a wrongful death law suit to the hospital who sent her the is facility and the facility were she was not treated right.

    Fred’s Answer

    That is terrible; I am sorry you lost your mom. The first thing you need to do is contact an attorney that specializes in nursing home abuse. It sounds like your loss is relatively recent, but if not, it is even more important to contact an attorney immediately because you only have a certain amount of time to legally file a lawsuit before losing that right. One other thing you can do to get started is to try and collect your mother's medical records at the hospital and facility (although an attorney can help you do this also). Make sure you have your power of attorney paperwork if available. Also, A.R.S. 12-2294 provides a listing of who can obtain medical records of a deceased person. Good luck.

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  • Would anyone work pro bono for a lawsuit against a hospital for a case of negligence in the birth of a baby?

    My baby is 1 month old, and at the time of his birth there were a lot of issues that happened during delivery that were not acceptable, mainly being the fact that they started and then stopped labor...I believe strongly there was oxygen deprivatio...

    Fred’s Answer

    I am very sorry to hear about your son. What you are asking about in terms of a legal claim is commonly referred to as a "birth defect" claim. These claims are incredibly complex, require multiple physician and nursing specialty expert witnesses, and are quite expensive to litigate. It is unlikely you will find someone to help "pro bono," which means a lawyer assisting you without charge. Typically, in birth defect cases, a plaintiff's attorney that focuses on medical malpractice cases will take your case on contingency fee, meaning the attorney will advance all costs and take a percentage of any settlement or jury verdict in your favor.

    Regarding the specifics of your case, there is a substantial amount of investigation that needs to occur, and you should contact a medical malpractice attorney right away while memories of hospital staff are still fresh.

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  • Nursing home issue

    My father pass away two weeks ago, . When I talked to my family about what was going on, they told me that my father had broke a hip a few months ago. And about a month ago,they told me that my father did not want to eat or drink anything and the...

    Fred’s Answer

    My colleagues have provided great answers--definitely contact an attorney that has expertise in nursing home abuse and neglect cases. I will elaborate, though, on your situation further: There are two potential legal issues here, (1) the fall that resulted in a broken hip and (2) your father refusing food and water. Regarding the fall, after a review of the evidence it may be that the nursing home violated the standard the care in needlessly permitting your father to fall, and that the fracture he suffered (if this is what occurred when you said he "broke a hip") was a significant contributing factor of his passing.

    Regarding his refusal to eat, while there are many types of advanced directives available that specify how an individual chooses end-of-life care, under very few circumstances could a resident at a nursing home stop eating altogether without a dietitian, nurse and physician being involved AND a family member or power of attorney being involved. Meal completion records, which are pretty standard at nursing homes, would paint a clearer picture of your father's last days.

    I am very sorry for your loss.

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  • Can I sue dignity health urgent care for misdiagnosis and failure to do their job right?

    I went to urgent care after being sick for almost 2 weeks. I told them I have body aches, a fever, bad cough, puking, coughing up a lot of mucus, chills, couldn't eat much at all and I was having a hard time breathing. They said I have bronchitis ...

    Fred’s Answer

    That is such terrible news. I am so sorry for your loss. My colleagues have provided good points, and I would only add the following:

    For every potential legal claim there is a statute of limitations, which means that if you do not file a lawsuit within a certain amount of time, you lose the ability to file a lawsuit forever. In most medical malpractice cases, this is 2 years from the date of when the malpractice occurred or when you should have discovered it occurred (sometimes two separate events). Second, if you went to a hospital affiliated with the urgent care clinic (i.e., owned by the same corporate entity), and depending on what you told the hospital staff about the urgent care visit, the company may have already flagged your case. If anyone from risk management reaches out to you, be sure to document the conversation and be careful how you respond. As already mentioned, medical malpractice cases are highly technical and require attorneys that are familiar with such cases. It would be a good idea to contact one right away to protect your rights.

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  • What is the state minimum for for repositioning a person in a nursing home

    My mother is currently in a nursing home. She has a couple bed sores and keeps tilting over in bed. She is unable to move herself back to a proper sitting position. The nurses do not come in but once a day to reposition her. Is there a state min...

    Fred’s Answer

    My colleagues have provided great responses to your question, but I wanted to elaborate on some issues they discussed. As stated, a turning and repositioning schedule is integral for residents with mobility issues. Depending on your mother's condition, for example, she may even require more frequent positioning than the standard "every 2 hours." How she is repositioned is critical as well. One of my clients had a bed sore on his coccyx when he arrived at a facility, which required frequent respositioning, but from side-to-side only. While the facility turned my client, they sometimes turned him on his backside, worsening the existing pressure ulcer. Some residents need such constant repositioning that certain speciality beds (which sometimes require insurance pre-approval) are necessary. As you can see, a lot of factors determine what is and is not appropriate turning and repositioning. You should definitely contact an attorney well-versed in nursing home abuse to discuss your concerns. Good luck.

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  • Are there any class action lawsuits against AZ CPS?

    In 2011 I had a son as time went on I found his mother to be abusive. I found out she was on probation for child abuse on another child of hers. I started noticing different things and made 4 reports to CPS, and her kids bus driver made one. In ea...

    Fred’s Answer

    A class action against CPS regarding the agency's failure to protect children would be difficult to pursue because the damages suffered by each child and their family would likely be seen by a judge as too individualized to treat an entire class of individuals in the same manner. The State does, however, anticipate that individual cases brought against CPS will increase substantially this year as a recent report stated the agency experienced a "systemic failure" to investigate as much as 6500 reports of child abuse. The link below gives a quick summary of that task force report and allows you to read the report as well.

    In my experience litigating cases against the State with issues of poor foster placement or failure to investigate abuse, the level of cooperativeness can vary depending on the attorney the State uses (in-house or outside counsel) to defend itself against any claims. First make sure your child is safe and then contact an attorney to assist you with any potential claims you or your son may have.

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