Lakeland, FL asked in Medical Malpractice for Florida

Q: I went to the hospital last night in the ER doctor was very rude and ignorant towards me and told me I had inflammation

Related Topics:
2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: A medical malpractice case is where the health care provider acts below the standard of care and that cases harm. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

Laurence Michael Deutsch
Laurence Michael Deutsch
Answered
  • Medical Malpractice Lawyer
  • New York, NY

A: I'm not licensed in Florida, but have practiced in medical malpractice for 30 years in New York State (first on the defense and now on Plaintiff's side). But I would feel comfortable stating that unless there was a significant, physical injury from an act of malpractice, there would not be a viable case.

It is unfortunate that a doctor was rude. However, this is not (legally) malpractice.

If they were as you say ignorant, i.e. misdiagnosed you (or missed an important diagnosis) that might indeed be malpractice, if the diagnosis should have been made by a competent doctor, and without use of hindsight. But again, even if this were the case, without an injury (significant, physical) having been caused by such malpractice (if that was the case) there would not be a case.

If you were treated very disrespectfully, you may want to notify the hospital's Patient Satisfaction department, which may indeed follow up with the doctor (because a "loose cannon" doctor is liable to get them sued, in the right circumstance).

This may not be what you had hoped for. But this is the reality of the situation. I hope this is helpful.

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.