Dental malpractice

I am suing my dentist for breach of contract and misrepresentation, breach of fiduciary duty, and breach of express warranty. The later counts are directly tied to the breach of contract. Why does the court keep insisting that I need expert review by a physician. The case is about whether or not they sold me ''high noble'' crowns. The sale of crowns (movable objects/goods) and the breach of contract are under the purview of the U.C.C. Any advice? Do you know of any case law that supports favors the plaintiff for medical breach of contract for objects sold or misrepresentation of the item on bills and insurance documents?

Unneccesary Medical Procedures

I was admitted to the hospital in 1999, as a perfectly healthy 22 year old, after a dizzy spell and tightening in the chest. (I now believe it was an anxiety attack.)

After a battery of tests (EKG, ultrasound, stress test) that showed no heart defects, it was suggested that I have a heart catheterization, a procedure which, again, showed absolutely no defect or damage.

Just recently, I changed jobs and am unable to acquire health insurance. I have been denied (at least twice) specifically because of the heart cath on my medical records.

Does this (what turns out to be) uneccesary procedure, which is causing me financial and emotional strain, amount to medical malpractice? If so, what recourse do I have?

Thank you.

Toohey letter? Tui letter?

I have heard attorneys say: Did you send a Tui letter. how do you spell Tooey?

medical malpractice resulting in death

I need to know how a one million $ settlement is customarily split up between a spouse and two children(age 22 & 14) in the commonwealth of PA.? Also, is a cell phone number traceable after almost 2 yrs.?

Broken Bone

My 12 year old injured his elbow in May. I took him to the doctor and they said little leager elbow. I ask for an x-ray or mri on more than one occasion and they said it was wasn't needed and finally sent him to therapy. After therapy for 1 1/2 months it had no improvement. I finally got them to refer him to a sports medicine doctor. Today during our first visit they took x-rays and found that his elbow had a fracture and since so much time had went by (3+months) that now he requires surgery because they bone is spread so far apart. I am very upset that he was left with a fractured elbow for so long. He has very high pain threshold so he went on about his everyday activities for this whole time further injuring it. What, if any recourse do I have for this situation?

Wisdome tooth removal, numbness in the area and wrong pain killer prescribed

I had a Wisdom tooth removed last week. To this day, part of my face is numb, and I feel sometimes a few electrical stings. Before I entered surgery the doctor told me that a hit of the nerve could occur and that sometimes it could take up to 6 months to heal. When I was discherged I was given antibiotic and Vicodin 750mg every 4 hours for pain. I was told that I couldn't drive because it might get me drowsy. I found out today that this medication is way too much for my body weight and that's why I've been feeling fainty and so tired...when I called the doctor, his assistant told me that ''that's why the doctor tell all his patients that this could happen and that it could take up to 6 months, he told you before surgery''...does that make it right? How about the medication?, wasn't he supposed to give me something for the pain that was not going to hurt me...I'm 98 lbs, this medication is too much for me. What are my options, the doctor will see me on Thursday, but I was told today that there's nothing he can do, that this could take up to 6 months

Bad Knee Replacement

I had knee replacement November 07 it was decided in February that the doctor put in the wrong size, two sizes too big. In April had another replacement same knee doctor put in size 1 after receiving size 3

medical mal

I have a weird one.My question is-about 8 years ago when i was sixteen I had been in a hospital and received various anti-depressant medications.For a while now since,I visited my internist and it was noticeable that my sex organs did not grow

much.We believe this has a lot to do with taking those medications when I was sixteen when I obviously had no idea what was going on.Although I have no actual proof that this is what affected,we're almost sure.Do I have a case against this hospital?

malpractice

May 29th I went in for a surgery. I went in for an ovarian cyst drain possible ovary removal. I was later told that the sergeant did neither cause when he went in the cyst was no longer there.

Two days later a surgical instrument fell out of me while I was walking. I called the help nurse and she said that since I am not vomiting or have a fever just to call the ob dept and tell them what happened and to be sure to bring the instrument when I see them. I called again on Monday and the doctor called me back to see if everything was ok. I am fine I had my follow up 3 days ago and I have no infection.

My question is- can I sue even though I am fine? The doctor repeatedly blamed it on his nurse. But I still feel that there was some carelessness there. The piece that fell out of me was pretty big. And since ovarian cyst come and go shouldn�t he have done an ultrasound before the surgery. I have Kaiser and I know they like to save money anywhere they can. But still�

pregnancy gone wrong

is my doctor liable to inform me of pregnency problems due to a past leap procedure wich he did for me

Is this Medical Malpractice?

I was diagnosed with achiles tendonitis/planter facis. he took xrays, found only a slight spur in the left foot, but the right was what was hurting. he gave a prescription for steriods, didnt help then he suggested cordisone shots, did NOT give me any information regarding these shots, did not advise me of any possible problems from the shots. He gave in the right foot and said I would come back and have the left foot done, I said no, do both as the pain was really bad and I just wanted to get it over with. since the shots, my level has gone from a 4 on a scale of 1 to 10 to a 15! I can hardly walk. I was then given the boot, did not help. I have not returned to him, as I do blame him for this increased intense pain. I will now make an appointment with a new doctor. Is this podiatrist wrong from not informing me of possible side effects? is he wrong for not trying every other option before these injections?

Surgical injury discovery

After years of varying physical symptoms, surgical procedures and extreme pain following gastric bypass surgery (and a serious bleed following a misplaced staple during the surgery) in 10/2001, the root problem of all my physical issues was just diagnosed in 8/2007 at a large and renowned CA University hospital medical center by a team of researchers and surgeons as a large blood clot that is blocking the flow of blood to my liver. After connecting the surgical report and gathering multiple tests, etc. we now know that my liver has been affected, I have esophogeal varices, chest/stomach and abdominal pain and many other connected issues which would not be appropriate to discuss in this venue. I cannot work (I am a high school English teacher) and have several years of procedures and treatments ahead which may or may not improve my quality of life. I may have to retire and will have to assume payment for my own medical insurance. Can I file a suit to recover my time lost from work and my medical and transportation costs that have been incurred due to the primary injury? I don't want to hurt my doctor, but my family, my quality of life and my 20 year career in education have been severely impared due to this...

New pacemaker

My dad a minor stroke and one week later was given a pacemaker the next day he had a massive heart attack and died.He was basically healthy before that.we are waiting on medical examiner autopsy.Could this be malpractice?

Dental

In 1999, my dentist extracted an upper, slightly to the right front tooth. He made a crown, inserted a post and cemented the denture. Several years later, the denture became loose . He placed additional posts and re-cemented the denture; however denture would not stay. He recommended I have a bridge which would be secured to good teeth on both sides of the missing tooth. He ground two adjacent teeth to down and fixed bridge to next teeth which soon began to break and crack and bridge would not hold. Result: dentist pulled six teeth that were good before procedure started and I now have to wear a full upper denture. It's too late to do anything now, but was the dentist wrong in recommending the bridge and did he make errors in grinding the good teeth down to point where they broke and had to be extracted leaving me with only option of having all teeth extracted and the pain of having to wear a full denture? Do I have sufficient grounds for a mal-practice complaint?

medical

can i sue a hospital for sending me home and not treating me which resulted in me going back the next day and that docter ammitted me right then. resulted in them taking out my gall bladder

surgical error

My mother had kidney cancer and the surgeon was to remove the entire kidney. He advised the family after the surgery he had to remove the entire kidney and his own notes and hospital records indicate same. However, it was discoverd due to complications a few months later, he did not remove the entire kidney but only a portion of it and left it hooked up to the renal artery. The piece of kidney continued to filter blood and the body developed a urinoma to hold the urine. She recently underwent a 2nd surgery and may require another one. Do we file a complaint first with the Texas Board of Medical Examiners or do we place the Dr.s and hospital on notice. I think you have to give them 60 days notice before filing suit. She is 78 years old and has no loss wage claim but her medical damages are already approaching $100k. She is on SS benefits and lives with me now. I am aware of the $250k cap on damages per def according to HB 4. We feel we have a very good case against the surgeon, the assistant surgeon and the hospital.

Please advise if we file a complaint against the Texas Board of Medical Examiners first or send a notice letter to the DRs. first and then file the lawsuit.

Dealth

My father past away 2 years ago, I can not get over what the doctors did not do to help him. My father was treated by the hospital and released only to go home the same night of being release to die. He should never been released. He was very ill and had been seen that week on a deferent occasion for the same thing. He passed away from a massive heart attach.

I would like to know if the statue of limitations has past at this time. What would my right be with the hospital and his doctor?

Negligent/Fraudulent Doctor's Note

If a patient asks a doctor for an excuse from work under the FMLA and the doctor gives him one (where the doctor says that patient can only work 30 hours/week instead of 40) but W/O actually examining the patient, can the patient's employer sue the doctor for malpractice or fraud or negligence?

false signature on a birth certificate

is it right to have your name falsified on a birth certificate? like if your the father and the mother signs your name....isnt that against the law?

delayed (36 hrs) treatment perforated esophagus

Mom on vent 3.5 mo, 3 med errors, 9 surgeries, prognosis grave.

Do we have a malpr suite? Pain and suffering? Delayed dx?