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Florida Medical Malpractice Questions & Answers
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... View 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... View 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 Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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.... View 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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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.

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Apr 20, 2021

There may be many reasons why you may not have received your settlement money including liens against the settlement money that still need to be resolved. Assuming there are no liens to be paid from the settlement money and that the settlement check was already received by your attorney and that... View More

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