DeLand, FL asked in Civil Rights and Medical Malpractice for Florida

Q: Would filing a complaint with "Florida Health" be a useful/safe way of obtaining the security footage of my visit?

I am going after a hospital for 2 civil rights violations and medical malpractice. I also wish to pursue criminal charges for abuse/neglect of a mentally disabled person.

I thought about trying to settle out of court... but I'm not a lawyer. (Nor can I afford to pay up front.)

I'm also paranoid that if I tell them I plan to sue... they may "accidentally" lose, misplace, or damage the video footage.

If you were a normal citizen. Would you file the complaint with Florida Health before finding a lawyer?

Do you think that complaint would help me obtain a copy of the security footage?

(I do also have a highly credible non-relative witness who's willing to back me. A mayor from VT who is my seasonal neighbor followed the ambulance to give me a ride home. She's also 35 years older then me and certified to work with children who also have my disability.)

I just don't know where to start because they screwed up in multiple ways

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Immediately seek a free consultation with a medical malpractice attorney in your area. If you have facts that support a potential claim, a law firm may be willing to sign you to a contingency fee retainer agreement with no up-front fees or costs payment needed. If a firm were to take your case, they would handle the issue of obtaining the video or requesting evidence preservation.

If that does not happen for you right away, it may be best for you to send the hospital a letter with proof of delivery (such as via certified mail, priority mail, or courier) stating that you intend to assert legal claims in the future regarding an incident that occurred on the particular date at the particular location and that you demand preservation of all video recording, audio recordings, charts and other records regarding the incident. That will NOT get you the video, but it will impose a preservation obligation on them that, if disregarded, could be a problem for their side down the road. It is highly unlikely that a complaint to an administrative agency will result in production of the video to you.

Regarding your "civil rights violations", you may or may not be using the correct legal terminology. Generally, that phrase applies to violations of constitutional or statutory rights by government entities (or those contracting with the government) and to violations of particular laws that protect persons from particular types of discrimination and retaliation. You might have something like that, but many lay people incorrectly use that phrase to refer to any type of wrongful conduct that the victim may sue over. Give your facts to an attorney, who will advise you as to the potential claim categories that you have,

Terrence H Thorgaard agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.