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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a plasma donation center for misdiagnosing my plasma

First the donation center sent me a letter stating for somebody else with their STD diagnosis then they sent me my diagnosis of a t y a positive I went to a hematologist specialist and they found nothing no antibodies do I have grounds for a lawsuit

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

Yes you do. They were negligent and caused you emotional distress.

Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Why am I being told a firm is unable to represent me with presuing a medical malpractice suit?

The PA misdiagnosed my mild, consistent contractions for Braxton hicks without verifying with an OBGYN or ultrasound. 24 hours later I miscarried at 16 weeks. I've spoken to other doctors and was told an ultrasound should've been ordered to verify additional treatment plans instead of... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 15, 2023

There are many aspects of a m medical malpractice case an attorney will evaluate. One of these issues is the potential amount of recovery compared to the cost to get that recovery.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: Am I able to open a case if the surgeon was suppose to perform a bilateral Orchidopexy but only did one ?

Now we will need to go back for surgery to fix the other side

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A Florida attorney could advise best, but your question remains open for a week. It could depend on what damages you suffered - that could be a call a medical professional would need to make. One option is to reach out to attorneys to try to arrange a free initial consult to review the file. Good... View More

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Medical Malpractice for Florida on
Q: WHILE INSERTING A STENT IN HIS OFFICE, MY MOTHERS DOCTOR KNICKED AN ARTERY. SHE WAS TRANSFERED TO A HOSPITAL.

HIS PRACTICE HAS BEEN SUED 5 TIMES FOR THE SAME SITUATION (NOT EQUIPT TO RESPOND TO AN EMERGENCY BLEED) WHEN SURGICALLY PLACING A STENT IN HIS OFFICE .

Joel Gary Selik
Joel Gary Selik
answered on Jun 7, 2023

Knocking an artery can happen with or without negligence. Here it may have been negligence but doing it in the office and after care may have been malpractice.

Consult with experienced attorneys.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Ulna fracture and dislocation not properly diagnosed or treated because I refused a Covid test. Can I be compensated?

Once I refused, the Covid test, pain management meds were canceled and I was discharged.

Joel Gary Selik
Joel Gary Selik
answered on Mar 25, 2023

If the medical standard of care was breached, and that caused additional harm, such as further damage to the broken limb, there may be a viable case.

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1 Answer | Asked in Medical Malpractice for Florida on
Q: 72 year old father of two adult children w no wife died after surgery in a Florida hospital.

One daughter is a physician's assistant in that hospital and feels there were mistakes made. Do the adult children have any recourse?

Joel Gary Selik
Joel Gary Selik
answered on Mar 5, 2023

Yes the adult children have a case for wrongful death-medical malpractice and, potentially, a survival action. Consult with Experienced Medical Malpractice Attorneys in the State where this occurred.

1 Answer | Asked in Personal Injury, Civil Rights, Libel & Slander and Medical Malpractice for Florida on
Q: How do I get a lawyer in my state if I am sueing the State?
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Florida attorney could advise best, but your question remains open for two weeks. In addition to searches you may conduct on your own online, there is a "Find a Lawyer" tab at the upper left part of this page. You could search Florida attorneys by region and practice area. Additionally,... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: i have a medical malpractice issue and I am needing help or representation... How do I start..

I was recently at Shands ER... for simple covid check up and IV misplacement has left me with infected Lft Hand and no use of Lft hand....

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2023

You should search for an experienced medical malpractice attorney using Justia search.

An attorney, with consultation with a medical professional, would have to determine if something was done wrong or if it was just a bad result without negligence.

1 Answer | Asked in Medical Malpractice for Florida on
Q: i was told the statute of limitations was 2 yrs. for filing reguarless if i was in carcerated
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

You were told the wrong limitations period. It is four years for negligence.

1 Answer | Asked in Medical Malpractice for Florida on
Q: malpractice suit incarcerated same day i found out i could not use my hand. didnt get to file suit i was unable to do so

broken wrist /cast came off hand deformed cant use it im a guitar musician for a living. that was 2020 im out now can i proceed since i was not able to file till now ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

Sure, you could file a lawsuit now; why do you ask?

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... View 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 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... View 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... View 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... View 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... View 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... View 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... View 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...
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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... View 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... View 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... View 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... View More

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