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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: A psychologist released psychotherapy notes without consent.

A psychologist released detailed psychotherapy notes without my consent. He disregarded HIPPA. I feel completely violated. This occurred 5/10/22. Numerous employees throughout the large healthcare system now have access to these deeply personal notes. How do I proceed?

Charles M.  Baron
Charles M. Baron answered on May 14, 2022

You have a potential court claim for invasion of privacy, and maybe a malpractice claim. With either, there should first be notice of claim and request for disclosure of liability insurance coverage (prelitigation notice being required for malpractice, and optional, but wise, for invasion of... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... Read more »

Tim Akpinar
Tim Akpinar answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Florida on
Q: My insurance company failed to provide a dentist covered in network in time to save teeth do I have a case?

I started a multiple root canal and crowns with my insurance last year in December, the max time to finish the procedure safely was 21 day, it took 114 days for them to provide a dentist that was in network and had not dropped them. I find this excessive and unreasonable, because the failure to... Read more »

Tim Akpinar
Tim Akpinar answered on May 1, 2022

A Florida attorney could advise best, but your question remains open for two weeks. For this type of matter, an attorney could require a dental/oral surgery professional's opinion in terms of the impact of the delays. That's why the question is difficult to answer. You could reach out to... Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Medical Malpractice for Florida on
Q: Is it legal or would I leave myself open to civil lawsuits to publicly tell a story involving patients from my job

I'm an experienced healthcare worker and I'd like to publish my experiences. Is it legal to tell stories about patients without mentioning any types of identifying patient information? I would keep names, ages and locations out of it.

Jane Kim
Jane Kim answered on Apr 22, 2022

If you are an "experienced" healthcare worker then you are familiar with the term "deidentifying protected health information (PHI)." If there is no way to track back and identify the patients you are describing then you are fine.

1 Answer | Asked in Medical Malpractice for Florida on
Q: had a bad procedure by a podiatrist. got serious infection, surgeries, out of work close to 60 days out of work
Tim Akpinar
Tim Akpinar answered on Mar 9, 2022

A Florida attorney could advise best, but your post remains open for three weeks. I'm sorry this happened to you. A question wasn't included here, but if you're wondering about your legal rights or remedies, your best option is probably to consult with a med mal attorney. Med mal law... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: My dad attempted suicide 12/16 and wasn't admitted for an evaluation. January 16th he killed himself.

Shouldn't he have been evaluated for 72 hours? This happened in Tennessee.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 28, 2022

So what does this have to do with Florida law? But it probably would depend on a lot more specific facts.

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Florida on
Q: This is a complicated question. A professional malpractice case was filed before the 2 year time period.

The case was litigated for a year and the Plaintiff withdrew the case without prejudice. Now the plaintiff would like to reopen the case. Is that possible? I am not sure about the timeline for permanent closure or continued litigation in a case of this style.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2022

Assuming that the pertinent statute of limitation period has expired, re-filing the case would be time-barred.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Florida on
Q: Do I have a case against the medical company who made a product that has caused chronic pain and 2 surgeries this year?

After having complications and surgery from the mesh for my bladder my doctor used a product called macroplastique (Pfizer ) which is a filler that is supposed to last forever. Afew years I started having constant pain and bleeding, which at first the dr thought were bladder infections and kidney... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 30, 2021

A Florida attorney could advise most meaningfully with regard to state law elements, but your post remains open for two weeks. But as a general matter, it could be difficult for an attorney in ANY jurisdiction to advise based on these facts alone, despite your description offering meaningful facts.... Read more »

1 Answer | Asked in Contracts and Medical Malpractice for Florida on
Q: I paid a deposit on a cosmetic surgery that I regret tonight, am I obligated to pay $750 to get out of it as I e-signed?

I was emailed one document to e-sign. The document states that I must pay $750 to get out of the contract and not reschedule the surgery date. However, this document was signed not w my real signature. I was also asked for my driver's license via text. Now upon research, I know what... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2021

Your "e-signature" would probably be regarded as your signature. They asked for your license so they'd have proof it was you. One would have to read the entire contract to know what happens if you don't pay the $750, but I'd be surprised if they actually bother to sue you for it.

1 Answer | Asked in Medical Malpractice for Florida on
Q: I would like information on how I would pursue a complaint or medical malpractice against a doctor.

I had Achilles’ tendon surgery two years ago and had to have it redone by another surgeon this past summer.

The first surgery was done incorrectly. I was advised by his nurse that “ he hasn’t done this kind of surgery in years.

Also I ended having a infection on the surgery... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 23, 2021

This isn't the type of claim that you can pursue yourself. You need to get in contact with a medical malpractice attorney in your area who handles cases on behalf of plaintiffs (parties who are suing as opposed to doctors who are being sued). One thing that may be an issue for you is that in... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: What can I do about having life threatening complications after a surgical abortion at a family planning facility?
Michael  Mayoral
Michael Mayoral answered on Nov 1, 2021

You can and probably should get in contact with a law firm in Florida that handles medical malpractice cases on the Plaintiff side.

1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: As an MD, do each of my patient visits need to have a medical record?

I am a solo-practitioner that does not accept any insurance.

Jane Kim
Jane Kim answered on Oct 14, 2021

Pursuant to Code of Medical Ethics- Medical records serve important patient interests for present health care and future needs, as well as insurance, employment, and other purposes.

This obligation encompasses not only managing the records of current patients, but also retaining old records...
Read more »

2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Do I need to sign a release form within 10 days as they requested?

During an extraction for a permanent bridge, I received an injury. Small but am now under another doctor's care hoping it will heal entirely. I requested a refund from the current dentist for the work not yet performed, and have been asked to sign a release but it needs to be done in 10... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 6, 2021

Without knowing what the release says or what you may be waiving by signing it, I don't think any attorney can give you an answer on here. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida and who handles personal injury cases for a free... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Medical Malpractice for Florida on
Q: Good morning. I am looking for some answers for my trans child M-F currently in the Florida Prison System.

Medical needs are not being met. A recent diverticulitis flare up went untreated for approx 6 weeks causing extreme pain and a 40+ lbs weight loss. I filed complaints with PREA, Inspector Generals office, the prison directly and got no results. My child has now been transferred to the 3rd prison... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2021

You need to retain a lawyer to review the file and then meet with them…Some lawyers may offer a free consult (be mindful of the adage that says “advice you receive for free is worth what you paid for it…nothing.”

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 27, 2021

You did not ask a question, but if you would like to know if you might be able to make a claim for compensation to cover medical treatment for your condition, the answer is yes. And if you end up with a permanent scar due to the inability of medical professionals to remove it, you may claim... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated.... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

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