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Questions Answered by Charles "Kip" Sinclair
3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles "Kip" Sinclair
Charles "Kip" Sinclair answered on Sep 8, 2020

You sue both the doctor and his practice. His practice, as his employer, is also negligent for the doctor's negligence.

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3 Answers | Asked in Medical Malpractice for Florida on
Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

can sue and me, her husband can’t individually bring a case to court.

Is this true? I reside in the state of Florida...thank you so much for anything you can offer me.

Charles "Kip" Sinclair
Charles "Kip" Sinclair answered on Feb 19, 2019

That's accurate. The estate is the entity that must bring the lawsuit. However, as surviving husband, you would most likely be the personal representative of the estate, and thus you would control things. Also, as the surviving spouse, you, through the estate, would have a claim for the... Read more »

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1 Answer | Asked in Medical Malpractice for Florida on
Q: How many times can a medical professional get a malpractice complaint before losing their license in Florida?
Charles "Kip" Sinclair
Charles "Kip" Sinclair answered on Jan 8, 2019

Florida has a "Three Strikes" rule, but to get a "strike," the doctor has to lose a malpractice trial and get a judgment against him. Claims don't count unless they go all the way to trial and the doctor loses. Settlements don't count either. Settlements have to be... Read more »

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Charles "Kip" Sinclair
Charles "Kip" Sinclair answered on Jan 8, 2019

Your best bet is to get a lawyer in Orlando, since that's where the malpractice occurred and that's where any lawsuit would have to be filed.

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