Leesburg, FL asked in Car Accidents, Personal Injury and Medical Malpractice for Florida

Q: car accident three different hospitals and primary 3rd hospital caught the fractured spine three weeks later

Two hospitals let my daughter leave hospital with no knowledge of fractured Spine Primary doctor prescribed pills and therapy without checking records. Hospital had her wearing back brace wrong for three months third hospital caught the fracture. Does my daughter have a medical malpractice case

3 Lawyer Answers
Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • Personal Injury Lawyer
  • MIramar Beach, FL
  • Licensed in Florida

A: I can't say if your daughter has a case or not but I strongly suggest that you consult with a medical malpractice attorney in your area to see if there is a case.

Medical malpractice cases can be difficult and expensive to bring and the medical malpractice attorney puts up the cost to bring the case initially so thay are usually very cautious on which cases to accept. But get your daughters case evaluated.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: First off, if her injury was the fault of another driver, she has a claim and should contact a member of the Fla. Justice Association. I'm not hearing that between the ER and the 3rd hospital. I'm hearing that at some point someone thought she needed a back brace so that tells me that there was a differential diagnosis perhaps --it's not a usual treatment for back trauma from a crash. There is a failure to diagnose. If it didn't cause serious problems--because someone else got it right--then the case has very small damages, and as Florida I believe changed it's statute that the winner gets the attorneys fees from the loser, it wouldn't make sense for an attroney to be involved. FJA attorneys give free consults so consult one on the car crash and discuss your concerns with them.

Sean Cleary
Sean Cleary
Answered
  • Personal Injury Lawyer
  • Miami, FL
  • Licensed in Florida

A: Unless a doctor’s mistake results in serious injury, the chances of winning a medical malpractice case are small. Turn to your own insurance company to reimburse you for the costs related to the treatment. You can also try to sue the negligent driver for pain and suffering. Fortunately, most plaintiffs’ personal injury attorneys do not charge for initial office consultations.

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