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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law, Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Can I sue the hospital for sending me home with severe sepsis without any antibiotics?

I was hospitalized for over 3 weeks at my local hospital. I went cause I had cellulitis & the medication my primary prescribed didn't work. By the time I went to the E.R. I had 3 different antibiotics thru about 2-3 weeks. Was told after the 2nd round if it didn't work to come to be... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2022

You will need to consult a medical malpractice attorney for an assessment of your case. Medical malpractice cases are complicated and fact intensive.

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... Read more »

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... Read more »

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... Read more »

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... Read more »

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1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: If I decide to get an abortion, Can I sue the doctor or facility in the event of injury to my body or if I died?
Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2022

Abortion care and any other kind of medical care must meet certain professional standards. If there is negligent conduct that is deemed to fall below those professional standards, and the negligent conduct is determined to be the cause of injury or death, there would be a potential medical... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I have a possible med mal case. My statute is approaching in Sept. Can I have 2 firms perform " investigation" ?

Incase one decides not to take the case?

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2022

A Florida attorney could advise best, but your question remains open for two weeks, and it appears you have a looming statute of limitations.

You may want to consider discussing the best way to do this with Florida med mal attorneys. When med mal law firms review files, they often advance...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Dental assistant stole my medical records after she was fired to cause me to start all my work over. I am a patient

She was fired because I complained and the doctor informed me today that after she was fired, she stole all my records. So i need to do a bunch of work over and she stole two crowns that i paid for, although the dentist will get me new ones for free. Now I have to wear these plastic teeth fir an... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

Other than having to re-acquire your medical records, how have you been damaged?

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 PRO label
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
PREMIUM
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
PREMIUM
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 PRO label
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 »

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