Defense verdict in the City of Roanoke for a general surgeon in a matter alleging injury to vocal chords during a thyroidectomy Lewis Cohn is a member of the New Jersey Bar. Mr. Cohn received his B.A. magna cum laude from Hobart... ( more ) I'm looking for a personal injury Lawyer malpractice or against a Pfizer drug company law case A serious dental condition or negligent dental treatment could result in serious pain, inflammation and loss of function in chewing, swallowing. If you feel that your dentist has been negligent with regard to diagnosing and treating a medical condition or providing dental treatment of a high standard, then you could be entitled to make a compensation claim. Contact our medical and dental negligence solicitors today for a free consultation. I am a diabetic. I had a blister on my big toe on my left foot. The VA began treatment for this wound on June 10, 2007. I was referred to the podiatry department. I never received any antibiotics the whole time I was treated until after my big toe had to be removed while I was vacationing in Panama City, FL. The infection was so bad that emergency surgery had to be performed. The VA even opened my toe and took a piece of bone for a biopsy, left the wound/hole open and did not issues anitbiotics even when I asked for them. The excuse given when the bone was taken was that they didn't know what type of antibiotics to give me. I feel that I would still have 10 toes if antibiotics were prescribed from the beginning. I am a self-employed sports official. I referee basketball and umpire baseball on a full-time basis. I am now unable to work and am facing eviction as well as my other bills piling up. give you a timescale with regards to how long things could take Cauthen's November 5 visit to Dr. McKee almost had the same result as his previous follow-up visits. If Gaddis had not insisted, it is doubtful that McKee would have admitted Cauthen to the hospital. Once again, Dr. McKee did not even order or perform further diagnostic tests to investigate the cause of his problems (i.e., recurrence or persistence of the tumor), such as a direct laryngoscopy and biopsy or a CT scan. He simply stated that there was no sign of cancer and that the lump on Cauthen's neck was only a swollen lymph gland. PICC Line Injuries The South Florida medical malpractice law firm of David J. Halberg P.A. handles cases involving injuries from PICC lines (Peripherally Inserted... We offer a free initial consultation to anyone with a potential personal injury claim. To set up an appointment, contact us online or call our offices, in New Brunswick at 732-247-3600 or in Somerville at 908-448-2560 1. Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd. Newberry SC 29355.
29. CHUN KIM, TMJ Specialist, Rancho Mirage, CA mis-diagnosed me as having TMJ and required $3500-$10,000 plastic splint treatment. I then consulted SALOMONE who, in my presence phoned KIM and refuted KIM's diagnosis and planned treatment while he was telling SALOMONE not to extract any of my teeth. My trust in SALOMONE was strengthened and my suspicions about KIM were confirmed. I still had no primary dentist. (12-28-01, $225.00) Anyone who has used any of these products, let us know what works. In instances of medical negligence, it is quite often the case that the practitioner responsible is held financially liable for the damages caused to the victim. If you have sustained illness or injury in this way, you may be entitled to monetary compensation to cover the costs of your medical expenses and other injury-related expenses. Contact a San Francisco medical malpractice lawyer who can ensure your rights are protected and fight on your behalf for the compensation you deserve. Our attorneys often team up with lawyers in other jurisdictions as we did in this case. Contact a Baltimore Medical Malpractice Attorney with Experience in Many Types of Medical Negligence: Failure to diagnose ruptured blood vessel after amniocentesis causing brain injury - Dental Malpractice Attorneys. DISCLAIMER, PLEASE READ: This site is for informational purposes only and is not intended to be legal or any other kind of professional advice. Any content, commentary or reviews that appear on this site are opinion only, and we do not warrant or guarantee the accuracy of any information that appears herein. Browse the vacancies below for the next step in your clinical & medical negligence law career. We have a variety of fantastic opportunities across a range of vacancy types, including; solicitors, barristers, legal support & business support. Apply online instantly or upload your CV to let potential employers find you, alternatively sign up to our email alert services or RSS feeds to ensure you're the first to know when new clinical & medical negligence law jobs are available. Michigan Medical Malpractice Resources 503 medical malpractice payment reports were made against dentists in Connecticut 1990-2003 (2003 Annual Report, National Practitioner Data Bank, US DHHS)
Call: 1-800-818-9608 For A Free Consultation David Halpern QC - 4 New Square 'A very intelligent and thoughtful barrister, and a good strategic thinker who is well liked by clients.' iPhone Android Blackberry Palm medical software drug interaction drug prices dosing disease medical dictionary ICD9 Code Medicare Part D EHR EMR CME iPad And when should a court overrule the wishes of parents in such cases? You are examined by doctors in the emergency room and they determine that you will need immediate surgery to stop the bleeding and prevent further injury. After being escorted to the operating room, your surgeon quickly glances at a chart to see the type of procedure he will be performing. When you wake up, you realize that your right arm is missing. Instead of receiving treatment on your left arm, which was clearly damaged, your right arm, which was in perfectly good condition, has been amputated. The first step in getting the compensation you deserve for your injuries is to determine whether you have a valid dental malpractice case or not. When you or a member of your loved ones suffered from negligent treatment in hospital, name their Medical Negligence Solicitors for a free consultation on freephone 0800 916 9049 or start your declare online and they'll name you. For those who or a loved one experienced inadequate and substandard hospital care, you may be entitled to compensation in your struggling. The one technique to know for certain what you might be entitled to is to talk to an legal professional - the hospital might offer you an immediate settlement, however know that hospitals will always attempt to accept the least amount attainable. At night time, 18 medical doctors, nurses and pharmacists are on shift. We serve the following localities: Bronx County, The Bronx, New York County, New York, Putnam County, Brewster, Carmel, Cold Spring, Mahopac, Patterson, Putnam Valley, Westchester County, Briarcliff Manor, Cortlandt Manor, Mohegan Lake, Mount Kisco, Peekskill, White Plains, Yorktown Heights, Queens County, Astoria, Bayside, East Elmhurst, Floral Park, Flushing, Jamaica, Long Island City, Maspeth, Middle Village, Rego Park, Whitestone, and Woodside. Minnesota Lawyers - Recognized leaders in Minnesota law. On our web site you can find articles, laws or as a lawyer a legal question. Areas included divorce, criminal defense, immigration, construction law and business. Economic damages awarded may not include those paid by health insurance or any source other than the claimant or claimant's family. The statute of limitations is two years from reasonable discovery but not more than six years from the incident (foreign object claims excepted). For minors, the statute of limitations is the same except if under age 8, then the 10th birthday, whichever is later. There is modified joint and several liability ' does not apply to defendant who is determined to be less than 50% at fault; if found to be 50% at fault or greater, then joint and several liability applies to economic damages only but not to noneconomic damages. The claimant's attorney fees are subject to a determination of reasonableness by the court. The court has authority to order periodic payments with some restrictions, if requested by a party. There is no requirement for an affidavit or certificate of merit. Experts' qualifications must relate directly to the medical issue and treatment related to the incident. Law Solicitor For Dental Negligence Newberry 29355
In terms of proving that a standard of care was met in a malpractice lawsuit, Benjamin affirms that the best defense is offense. One of the questions that will come up in a malpractice lawsuit is to explain what your office procedure is and how you do a comprehensive evaluation. Did you use any of the enhanced technologies? And if you answer no, the question is: Why didn't you? And then you have to defend why you didn't. There is no defense for not doing an enhanced examination. Every clinician needs to be aware of that, and to be prepared to suffer the con-sequences, which, basically, means forfeiting everything they have ever worked for, everything they will ever work for, as well as the quality of life of their patient. Medical Malpractice: How much time do I have to make my claim? If you or a loved one was the victim of medical malpractice and sustained injuries or someone close to you has died due to medical error, call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. for a free initial consultation regarding your legal rights to obtain full and fair compensation and damages due to your harms and losses. The taking of any drug carries at least some risk and occasionally problems occur. Simply because something has gone wrong does not necessarily mean those who prescribed or dispensed the drug are at fault. I got full dentures about 9 years ago from my very excellent dentist. He advised me to have an annual reline which I did successfully for 7 years. When I went back for my next reline I was advised that my dentist, although it was still his practice, no longer worked in this office but a very capable replacement was taking his more complex cases. As I trusted my original dentist and the new dentist was very well spoken and confident about the procedure, that I had the reline. When my teeth were returned, they didn't fit into my mouth. The lower denture that should have attached to four mini implants would not even engage. The new dentist made some adjustments until they engaged, but when I complained that the dentures still didn't fit, that they were too big and thick, he said that give them a little time to settle. I tried that and within a week I went back to explain that I couldn't bite or chew correctly. He made further adjustments and told me this was not unusual and that more adjustments might be needed. When I went back again, he adjusted more and told me to give the dentures more time to adjust, he said I needed to be more patient. Well, I did as instructed but it wasn't the dentures that adjusted, my jaw did. Within months I was feeling poorly, but nothing specific. I developed right ear pain and saw an urgent care doctor who said he saw only a little redness and gave me antibiotic ear drops. Pain continued, controlled with Advil. Three days into treatment with drops, developed severe ear pain on left side. Saw a same day doctor who gave me oral antibiotics, but also indicated that an infection wasn't obvious. More Advil, pain continued in both ears. At the same time, I had blood spots in both eyes which I attributed to the Advil (800mg every 4 hours). I saw my primary care doctor who examined both ears and found no infection. My doctor asked me several questions including dental work that I had recently had. She said I should see my dentist to be evaluated for TMJ. She also referred me to audiology as I had hearing loss and an Ear, Nose and Throat specialist. I saw the same dentist who confirmed TMJ. He stated that he was responsible for the condition and would start treatment immediately at no cost to me. He put a permanent splint on my lower denture which would not allow my mouth to close on the missalligned bite. He also gave me prescriptions for Norco for the pain and a muscle relaxer. Audiology showed serious hearing impairment in both ears. The ENT agreed that TMJ could have caused my recent hearing loss, but needed to confirm that there wasn't another reason. Had CT scan and no significant problem was found. She did see fluid build up behind my right ear drum, but was able to correct that by placing an ear tube. A few weeks after the splints, and a baby food diet, my ear pain diminished, but I was having skull pain, headaches and bloodshot eyes with shooting pains. I saw my primary doctor again, for my eyes. She gave me antibiotic eye drops and referred me to an opthalmologist. I was given an initial exam and told to return in a week as I had blurred and double vision. Upon return, I was further evaluated and multiple blood tests ordered. The day after blood work: Friday at 6, I got a call from the doctor who wanted me to pick up a prescription immediately. Found a ride, hadn't driven since ear problems that came with hearing loss and vertigo, but now I couldn't see well enough to drive. I felt better within days of taking the prednisone (80mg daily). Blood work had shown my SED rate to be 97 which was putting me at risk of permanent vision loss. Anyway, to make a long story longer my love of prednisone has changed to a love. hate state. The side effects are awful: weight gain, can't sleep, swelling in feet and legs (resulted in cracked skin on shins that became infected as well as fluid leaking from a small spot that leaks and runs down to my ankle and foot and drives me crazy), joint pain and intestinal problems. The opthalmologist ordered a temporal artery biopsy, negative, ordered MRIs with and without contrast to rule out any brain masses or other eye problems, also, nothing abnormal found. He referred me to a rheumatologist to help me reduce my use of prednisone. In the meantime, I've tracked down my original dentist because when I tried to see the one who was treating me at no cost he had left. The office said they would email him that I needed to see him. He never responded. My original dentist saw what had happened to his original set of dentures and the really bad replacement dentures that were made after the splints (paid for by insurance and me). Replacements were very bad, small teeth that didn't suit my face, but thick reline which again made them too big and continued to cause me harm. My original dentist made me a new set of dentures within 24-48 hours. They're not as good as the ruined originals, but they fit well and do not feel as though they are causing further harm. Medical malpractice claims resulting from a failure to diagnose may be given a limited extension by the court, depending on the facts of the claim. In these cases, the two-year time limit begins on the date the injury was realized. Scott Rees were very disappointed to hear of the treatment of the client during this case. From consistently being transferred between hospitals and wards, to being discharged very quickly and struggling at home. This on top of the initial incident was more than enough to convince us to take action and assist the client. She was very unhappy with the aftercare and way she was treated, and so were we. Before the case required to go to court we were able to secure a settlement for the sum of $13,760. This case caused terrible pain and weeks of discomfort with even longer term after effects for the client and her family. We were more than happy to ensure she received some measure of justice for this drawn out, negligent incident. A second difficulty faces the injured party is the need to establish a causal link between the defendant's negligence and his own loss or injury. However, he would also have to do so if his claim was under contract. Alternatively, simply fill out a form online and we will be in touch. Who will pay if I make a Medical Negligence claim?
A person or company is negligent if it fails to act with the level of reasonable care that prudent person or company would use in similar circumstances. If you've been injured or a loved one has died as a result of another's negligence, you may be entitled to compensation under your state's personal injury or wrongful death laws. Negligence attorneys and personal injury lawyers represent accident victims who are seeking compensation. Negligence law firms can also defend those who have been accused of injuring or killing someone because of allegedly negligent actions. A majority of medical malpractice cases filed are based on a medical error. A large portion of malpractice cases are actually based on misdiagnosis or failure to diagnose, or an error in judgment in the therapeutic course chosen. Some examples of the most common failure to diagnose cases are failure to diagnose certain types of cancer or a heart attack. Common negligent treatment include anesthesia errors, or items left in the body during surgery (sponges, clamps, etc.). Dental malpractice attorneys in La Plata, Waldorf and Lexington Park, Maryland Use Justia to research and compare Natchitoches attorneys so that you can make an informed decision when you hire your counsel. Contact The Berkowitz Law Firm LLC to Discuss Your Medical Malpractice Case Newberry 29355 His greatest success has been winning the high profile case of Delaney-v-The Secretary of State for Transport where after almost 9 years of litigation involving two Court of Appeal hearings and an application to the Supreme Court he was finally able to establish that the Motor Insurers' Bureau Agreement was incompatible with EEC law. As a direct result of the decision in this case the agreement has had to be amended to the benefit of many future victims of uninsured drivers. Based on the information you provide to the attorney, the attorney needs to weigh the costs of litigating the case versus the potential of winning the case, including the amount of potential recoverable damages. If recoverable damages is low, then typically, even if you have a good case, an attorney may not want to take the case on a contingency fee basis simply because the time required to bring the claim forward may exceed the amount of recoverable attorney fees. If the potential for recoverable damages is high, however, the attorney may be willing to risk the firms time and money, even if the chances of winning is not 100%. Attorneys can make this analysis fairly quickly over the phone or through the contact form to your right. In litigation, each side is entitled to discover background and other information concerning a party to a lawsuit. Therefore, please answer all questions, even if the information is embarrassing, or seems unimportant, or irrelevant in order to prevent surprises during litigation. All information you provide is confidential. We may be able to protect harmful information from disclosure if we know in advance, rather than being suddenly confronted at an important event in your case. In addition, your credibility for truthfulness is always important. If you fail to disclose information, which is later discovered, it could seriously jeopardize your case. E. If we refuse to disclose our prejudices, we are being unfair to the litigants, the court, fellow jurors, and the justice system. An accountant visits his Internal Medicine physician for a routine check-up. It's tax-time and the poor fellow is working around-the-clock. The doctor writes a prescription for an acid-blocking medication because the stressed out patient complains of acid-indigestion. The Best Oklahoma Psychiatrist Malpractice Injury Lawyer for you should tell you the truth about your OK Psychiatric Malpractice Claim, and should guide and advise you in a way that gives you confidence every step of the way. Get Your Free Injury and Wrongful Death Case Review Today Bryan's expertise lies in cases involving replacement hip surgery, where patients suffered soft tissue damage as a result of metal debris produced by the metal parts used during the hip replacement wearing against each other over a number of years. Every year, over 225,000 individuals die from medical errors. It is a common misconception that the majority of medical malpractice lawsuits arise because of mistakes in the operating room. In fact, most medical malpractice cases are the result of misdiagnosis, delayed diagnosis, diagnostic error, or the failure by hospital staff to follow doctors' prescriptions or instructions. Unfortunately, such errors can carry enormous consequences, for example, if an eye doctor fails to recognize the symptoms of glaucoma, blindness can set in. Using a mouse model of Lynch syndrome, researcher carried out a long-term diet experiment. Lynch syndrome is the most common form of inherited colon cancer. In many states children are presumed incapable of negligence below a certain age, usually seven years. In some states children between the ages of seven and fourteen years are presumed to be incapable of negligence, although this presumption can be rebutted. Once a person reaches the age of majority, usually eighteen years, she is held to adult standards of conduct. If you've been injured because your health care provider took actions or made omissions that deviate from the medical community's standards of practice, you are eligible to make a claim for NHS negligence compensation. Our injury solicitors specialize in these types of claims and can offer the guidance you need to move forward. Simply call our freephone number of fill out the online claim form. Diagnosis errors cause up to 160,000 deaths annually in the USA - making diagnostic errors are one of the most dangerous and expensive mistakes made by American doctors, estimated to cause between 80,000 and 160,000 deaths every year, Johns Hopkins researchers reported in BMJ Quality and Safety (April 2013 issue). A study published in the August print issue of the Journal of Oncology Practice shows that from 1998-2008, wait times for colorectal cancer operations at Veterans Administration hospitals increased from 19 to 32 days. But researchers think longer waits may be a reflection of several unmeasured variables including more careful care, staffing, and patient conditions or preferences. Feldman Law Group PA has the experience and resources to take on medical providers and their powerful, highly paid law firms. Call us at 800-669-0151 to discuss your potential claim in a free initial consultation. For your convenience, we can meet you at your home, the hospital or a public place of your choosing.
Expanding your search for a Cleveland Lawyer can signficantly increase the number of qualified lawyers available to help you. If you expand your search by 50 miles from Cleveland you will find 4 additional Medical Malpractice Lawyers and law firms. Expanding your search by 100 miles nets you an additional 18 options. Should I report my attorney's mistake to the state bar association? Prior to the events in this case, Movant had been living in a residence with her brother David DePriest (Brother) for about seventy days. Brother had lived in the residence for about six months, prior to which he had lived in Colorado where he was licensed to legally grow marijuana. In August of 2011, Police executed a search warrant at the residence shared by Movant and Brother. During the se... More... $0 (11-28-2015 - MO) Dentist failed to properly xray my teeth when I went in every 6 months for my cleanings and checkups from him. This resulted in nearly all of my molars needing new or replacement crowns, two extractions, and 3 bridges. My out of pocket expense was horrific! This is regarded as of particular significance in the field of medical negligence. Doctors can say sorry for a result, without fear of making an. Complexities of Cerebral Palsy Cases. Never before have so many leading Republican figures questioned the nominee's basic fitness for office. A Pennsylvania Cumberland County jury awarded $2.27 million to Gerard and Linda Boullianne in a medical malpractice lawsuit filed in 2002. The birth and death of their son Christian at the Carlisle Hospital sparked the Bouilliane lawsuit; Christian was delivered with brain damage and cerebral palsy by nurse midwife Pamela Kozick. The plaintiffs said Christian's condition was caused by Kozick's negligent failure to recognize obvious signs of fetal distress during labor. The jury agreed, awarding the Boulliannes $273,471.61 under the Wrongful Death Act and $2 million under the Survival Act. The complaint is served on the doctor by a state marshal and the original is returned to court. Defense counsel is required to file an appearance within two days of the return date. Thereafter the parties will address refining the pleadings. Eventually the defense will file an Answer, responding to the allegations of the complaint. The defense may also file a Special Defense. Typical special defenses in malpractice cases especially dental cases, are allegations that the patient failed to follow the doctor's advice or in some other manner was guilty of negligence in maintaining his or her mouth. This raises what the law refers to as comparative negligence. The defense must prove these allegations. If proven the jury then decides what percentage of the total negligence should be ascribed to the defendant and to the plaintiff. If the plaintiff's percentage of negligence is greater than 50% then the jury will find for the defendant. 13.19 miles 11620 Wilshire Blvd., Suite 800, Los Angeles, CA 90025 Negligent post-operative care of surgical patient; We find no evidence to suggest the defendant's treatment of the plaintiff contributed to the plaintiff's infection. We also find no evidence that the absence of the defendant in any manner contributed to the plaintiff's infection. 3. 20% discount on root canal treatment. Here is my latest article in Oral Health Office magazine entitled The Waters Are Still Murky: Non-Dental Ownership / Operation of Dental Practices in Ontario (came out March 2016). Enjoy! Most information about the case is kept confidential until it's released to the lawyer in question. Some states don't allow anonymous cases because documentation is important. Your signature has to be on the complaint or letter in case you're needed to testify in court. The quality of care the nursing home industry has provided to our loved ones has declined over the past decade. Many residents have died or have been severely injured as a result of nursing home neglect and abuse. We have found that many of our client's loved ones often suffer as a result of the nursing homes industry's practice of spending less money to provide care to its residents, therefore putting profits ahead of patient care. medical tests are skipped or when data from test results is overlooked or misdiagnosed as a less serious condition than it truly is. Doctor negligence can also take place in the operating room. Small Smiles of Columbia, SC is operating as Capital City Dentistry-Two Notch Road Dental Health Center, PC During the first year of the Clinton Administration, the internal circles of the VA, especially top administrative and medical personnel, experienced a deep-seated, widespread anxiety. That malaise was prompted only partially by the change in the White House, although many second-level VA officials, theoretically nonpartisan, had come to power under the regimes of Presidents Reagan and Bush.
We promise to treat you with the respect and compassion that you deserve following a medical accident. We guarantee that your medical negligence claim will be dealt with by an experienced Medical Negligence Lawyer. 7. If a referring practitioner or a health care provider furnishing clinical laboratory services, pharmacy services, radiation therapy services, physical therapy services or x-ray or imaging services or any other person or entity collects any amounts that were billed in violation of this section, such referring practitioner and health care provider and other person or entity shall be jointly and severally liable to the payor for any amounts so collected. 63 thoughts on Attorneys who sue the VA for medical malpractice Impact Factor: 0.33. DOI: 10.7417/CT2013.1526. Source: PubMed If you were injured by a dentist, technician, or other dental provider, you must speak immediately with a skilled Maryland dental negligence attorney from The Law Office of Paul R. Wiesenfeld. You may think you are alone in your injury, but this sort of negligence happens more frequently than you may expect. Our firm is ready to demand your full amount of financial compensation and demand justice for your emotional stress, financial expenses, and other damages suffered due to poor medical treatment. Dental Malpractice Attorneys Newberry SC 29355 After Olenick's heart rate began to drop, a condition called bradycardia, Fowler stated the oxygen saturation in her blood also starting dropping. She then went into hypoxic arrest, the autopsy report showed, and EMTs were called to administer advanced cardiovascular life support protocol, the media outlet reported. This online lawyers directory is unique in that we require all legal sites to use the description are to 'market' your business or website. This is similar to what everyone in the real world has been accustomed to with the previous use of telephone directories and the yellow pages. In order previously to find a best malpractice lawyers, you would have accessed the yellow pages. In today's world, not everyone is still 'internet' savey but just about everyone uses the internet to find information such as dental malpractice lawyers, legal malpractice lawyers, medical malpractice lawyers, hospital malpractice lawyers, etc. however, many persons simply want to telephone or even stop by an office, hence, our approach of offering addresses and phone numbers and not just email systems to our visitors. limited in scope, and cannot answer the complex issues of If, as a result of negligent medical treatment, you have suffered injury and loss you may have a right to compensation. She persuaded Subedi to let her change homes. He suggested Radhika, a widow who lived in a two-room mud house with her grown daughters, Bishnu and Malika. This would mark the start of a long relationship.
Practice management arrangements Los Angeles Times: But the methods proposed by Proposition 46 to solve those problems have too many potential drawbacks to be worth the risk. 38 8. Summary judgment is proper if there is no genuine issue of material fact. M.R.C.P. 56 (c). The burden of demonstrating that there is no genuine issue of material fact falls upon the party requesting the summary judgment. Corey v. Skelton, 834 So. 2d 681, 684 (Miss. 2003). We must carefully review all evidentiary matters before the Court - admissions in pleadings, answers to interrogatories, depositions, affidavits, etc. - in the light most favorable to the party against whom the motion for summary judgment is made. Id. In Corey, we also stated: There are four main types of dental negligence that we deal with for our clients. For these cases, we will seek to get the maximum compensation from the dental practice, who in actuality are covered by insurance policies for just such an eventuality. The ALJ found that Lockwood has severe impairments - fibromyalgia, diabetes, migraines, Dercum's disease, and myofascial pain syndrome - but these impairments in combination do not medically equal the severity of a listed impairment in 20 C.F.R. Part 404, Subpart P, Appendix 1. Considering the entire record, the ALJ then found that Lockwood has the residual functional capacity (RFC) to perform.. More... $0 (10-11-2015 - MO) Generally, the mere fact that prostate surgery results in complications is not malpractice, even if the procedure was described as nerve sparing. Mere delay in diagnosis, without a change in prognosis, generally does not allow for a malpractice suit to be brought. Sometimes when a root canal is opened for treatment, the oxygen in the air will trigger some bacteria to start growing, causing inflammation and pain. Civil Litigation, Insurance, Insurance Coverage, Insurance Bad Faith, Professional, Liability, Automobile Insurance, Life and Health Insurance, Disability Insurance, Legal Malpractice Failure to remove a surgical instrument from the patient's body following an operation; Edelstein's lawyer, Dennis Drasco, had asked for the dismissal in legal arguments that lasted a couple of hours.