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Stephen I Leshner

Stephen Leshner’s Answers

22 total

  • What are the statute of limitations on a malpractice suit?

    Back in 2011 I went to a surgeon about my low back pain and he performed spinal surgery on me. Well during the surgery he removed the hardware from my first fusion surgery without us discussing it before hand. I did not know he removed it until mu...

    Stephen’s Answer

    The statute of limitation in Arizona is two years from the date of the act of medical malpractice or two years from the date that you reasonably knew or should have known that an act of medical malpractice occurred.

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  • My daughter was taken to a hospital in a coma and did not receive the care she needed, and I'm thinking of a lawsuit.

    My daughter was taken to a hospital, kept there then transferred to a "better" hospital for a few more days, tested for many ailments, she has "cf" and was released while complaining of pain in her stomach, having MERSA, pneumonia, and against my...

    Stephen’s Answer

    If she sustained a serious, permanent injury directly attributable to the breach of the standard of care (e.g., the hole in her intestine can be proved to be caused by the two day delay as a result of her discharge), then she may have a viable medical medical malpractice claim. You should consult with an experienced medical malpractice lawyer in Arizona, who can review the medical records, and evaluate the claim. If this incident occurred on May 11, 2015, you are well within the two year statute of limitations.

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  • I need a malpractise attorney for a surgery go e bad. Here in az. Hopefully o e that will only get paid if we win.

    Surgery was for a galbladder where the surgeon cut the duct to my liver on accident. Her comment to my wife was I cut something I dont know what it was nor how to repair it.but I have a call into a surgeon in the valley and he is pretty sure what ...

    Stephen’s Answer

    Cutting or severing the common bile duct during gall bladder surgery can be a breach of the standard of care, and the basis for a medical malpractice claim. You should follow up immediately to have this repaired, and consult with a Phoenix Arizona attorney who specializes in medical malpractice cases to review your potential case.

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  • Do I have a case?

    My grandma recently passed away the drs told her she had low blood count that it had been going on for awhile and this was only discovered after she had already been to 2 different facilities one let her go giving her medication she didn't need to...

    Stephen’s Answer

    First, please accept my condolences for the loss of your grandmother. However, under Arizona law you cannot bring a wrongful death medical malpractice for your loss. By Arizona law, only spouses, parents or children can claim damages for the wrongful death of a loved one. Perhaps your father or mother would want to bring suit and claim damages. Second, if you want to pursue this matter further, you should order the medical records, and get the facts straight, because as one of the other commenters noted, women do not have prostates.

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  • I was involved in auto accident, in which I didn't abtain legal help, in the begining. Can I get that help now

    I was in a auto accident in which the driver was at fault. My means of transportation was tolaled and I was injured, since then I have been treated with physical therapy, and now its come down to the settelment part in which they are beining very ...

    Stephen’s Answer

    There are any number of experienced, competent plaintiffs' personal injury attorneys in the Phoenix-Mesa metropolitan area who will likely be pleased to represent you. I suggest you search for accident injury lawyers either on AVVO or Google, and call them to discuss your case.

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  • Should I join a class action lawsuit or hire a private medical malpractice attorney?

    I had a total metal on metal hip replacement in early 2006. The manufacturer was Wright Co. Metal ion tests show elevated levels of cobalt, chromium, nickel & titanium. A nuclear bone scan and MRI show a lateral pseudo tumor. I'm now facing surger...

    Stephen’s Answer

    A case against Wright Medical would be premised on the defective hip system causing metallosis and loosening of the implant, which necessitated the revision of the hip replacement system. The current litigation against Wright Medical is NOT a class action, but a mass tort. A medical malpractice case would be based on the allegation that the implanting physician fell below the standard of care when performing the initial surgery, which is the cause of your tumor and complete revision. You should consult with an experienced Arizona attorney who practices in the areas of mass torts and medical malpractice, who will review your medical records and help you decide which route to take.

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  • Is there any provision in a home owners insurance for someone injuries in a car wreck? Either the person who hit us or my own?

    I was a passenger in a car hit by a person who does not have car insurance. I have serious medical condtions where I am off work for several months.I did not know if I would have any avenue with my home owners or the person who hit me home owner's...

    Stephen’s Answer

    Unfortunately, homeowners insurance will not cover damages in these circumstances. However, since you were a passenger in a motor vehicle, and injured by an uninsured motorist, if you had automobile insurance with uninsured motorist (UM) coverage, or if you resided with a relative who has uninsured motorist (UM) coverage, then that coverage will apply to compensate you for your injuries. It does not matter that you were not in your own vehicle. Uninsured motorist coverage applies wherever you are injured, regardless of what vehicle you were in at the time of the collision.

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  • Auto accident

    The other driver was cited, multiple witnesses testified the other driver's fault. Will the driver's insurance company have any ground to only take partial responsibility? Any PI attorney also does auto claims fight against insurance company?

    Stephen’s Answer

    Unfortunately, even though there may be ample evidence of the other party's fault, and he or she was cited for the collision, the adverse insurance company may attempt to allege that there was comparative negligence on your part that caused or contributed to the collision. There may be some evidence of this, or it could be a wholly made up fantasy of the insurance company. This is a strategy insurance company's employ to save money. In order to prevent this strategy from being successful, you should consult with an Arizona attorney who is experienced in handling personal injury claims.

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  • Can my health insurance demand money back from a lawsuit?

    Was in an accident years ago, and the wife's back got a little tweaked. It was the other drivers fault. All the medical bills were paid by our medical insurance. The lawsuit was settled out of court, and now the medical insurance company we had at...

    Stephen’s Answer

    Your medical insurance contract should outline your responsibilities in the event your insurance paid medical expenses incurred in the collision. Generally, the subrogation and lien rights of the insurance plan are enforceable only if the plan is a qualified federal ERISA plan. If the subrogation and lien rights are set forth in the insurance contract with a qualified federal ERISA plan, then the reimbursement provision is enforceable in Arizona. However, you should be aware there is a one year statute of limitation for enforcing ERISA reimbursement provisions, so if the collision occurred "years" ago, the statute of limitation for your plan to force you to pay them back may have expired.

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