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Florida Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue my Primary care physician for Malpractice or Negligence? What are my options?

I have been a new patient with the Doctor since January 2024. It's not been easy to get the necessary referrals to the specialists I needed because he would rather handle it himself. I'm suffering from bad gut bacteria & he placed me on the FODMAP Diet but restricted where most of... View More

0 Answers | Asked in Medical Malpractice for Florida on
Q: Can I sue the VA for purposeful ongoing substandard/inappropriate medical malpractice and ask for punitive damages?

The local VA director and CEO (yes that is his official title) receives bonuses for keeping his hospital budget low so he has purposefully directed or creates a environment where expensive treatments are not used at all in any circumstances even when no other cheaper treatment is appropriate. They... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Circumcision Consent Form did not specify risk of death.

My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 16, 2024

Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.

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1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: Does someone have grounds for medical malpractice if the cause of death was not caused by surgery?

The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue a oral surgeon who damaged a nerve and locked my jaw?

I had went for a wisdom tooth removal, during the procedure the surgeon was already in a bad mood arguing with the employees, he pulls a wisdom that was connected to a nerve, out of frustration he had with the employees he yanked my nerve. Week later I’m all healed, but I have no feeling on my... View More

James L. Arrasmith
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answered on Mar 4, 2024

If you've experienced nerve damage and jaw locking following a wisdom tooth removal procedure, and you believe the damage was caused by the oral surgeon's actions, you might have grounds to pursue legal action. In medical practices, professionals are expected to provide a standard of care... View More

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
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answered on Feb 24, 2024

In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: My mom's surgery was incomplete because she woke up during cataract surgery 8 months ago.

My mom went cataract surgery outpatient 8 months ago but woke during surgery. I had explained to the doctor and staff that my mom have kidney problems and that she is a very nervous person, I even asked for my mom to be given something so she would not too nervous that day but they insisted it was... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2024

The first question is, did she wake up due to something the doctors did wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Additionally, what she suffered has to be...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: What is a reasonable settlement expectation for provable wrongful death and medical malpractice?

I am engaging in a lawsuit against a nursing home. It's about as provable as it gets. I have supporting evidence and expert testimony to present. I have secured a tier 3 MMP attorney. I just want an idea of what I'm walking into. I know only appx 30% of suits are successful and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

You should ask your attorney.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Dentist pulled two teeth but one at the bottom was extracted and put a hole in neighbor tooth and didn't say anything
Joel Gary Selik
Joel Gary Selik
answered on Jan 23, 2024

Could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your... View More

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1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I still sue a dentist for malpractice after signing a release and getting full refund of $70,000 in FL.

I can’t eat and my top full arch still isn’t complete. I had a life threatening infection from a bad implant. Dr. Sulens agreed to pay all hospital bills and the implant restoration. Dr. Farrugia took 3+ years. I was fed up demanding a refund & I signed an agreement releasing all parties;... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

Probably not but it depends on what the release states and other factors.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a plasma donation center for misdiagnosing my plasma

First the donation center sent me a letter stating for somebody else with their STD diagnosis then they sent me my diagnosis of a t y a positive I went to a hematologist specialist and they found nothing no antibodies do I have grounds for a lawsuit

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

Yes you do. They were negligent and caused you emotional distress.

Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Why am I being told a firm is unable to represent me with presuing a medical malpractice suit?

The PA misdiagnosed my mild, consistent contractions for Braxton hicks without verifying with an OBGYN or ultrasound. 24 hours later I miscarried at 16 weeks. I've spoken to other doctors and was told an ultrasound should've been ordered to verify additional treatment plans instead of... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 15, 2023

There are many aspects of a m medical malpractice case an attorney will evaluate. One of these issues is the potential amount of recovery compared to the cost to get that recovery.

1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: Is it normal for a doctor to pull down underwear to feel lower abdomen due to constipation?
T. Augustus Claus
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answered on Oct 6, 2023

In a medical examination, a doctor might need to palpate or press on the lower abdomen to assess for constipation or other abdominal issues. Generally, this can be done without pulling down the underwear. However, if the doctor feels that they need to examine a specific area more closely or if... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Florida on
Q: Can a lawyer take my case on contingency for medical malpractice/civil rights violation?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, there is no prohibition in Florida preventing an attorney from taking either a medical malpractice case or a civil rights case on a contingency fee.

You may be confused by a different cause of action under Florida's statute for compensation to wrongfully convicted individuals...
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1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

2 Answers | Asked in Medical Malpractice for Florida on
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
Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Jul 21, 2023

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... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: Am I able to open a case if the surgeon was suppose to perform a bilateral Orchidopexy but only did one ?

Now we will need to go back for surgery to fix the other side

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2023

A Florida attorney could advise best, but your question remains open for a week. It could depend on what damages you suffered - that could be a call a medical professional would need to make. One option is to reach out to attorneys to try to arrange a free initial consult to review the file. Good... View More

1 Answer | Asked in Medical Malpractice, Admiralty / Maritime and International Law for Florida on
Q: Can a US Flagged yacht sail to the Bahamas and have illegal medical procedures performed on the boat by a U.S. Based dr?

Does this violate any laws and what are the potential risks of the crew aboard?

Jane Kim
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answered on Jul 5, 2023

"Illegal procedure" according to whom and under what laws? Maritime law? Who died? Who is complaining? The licensed physician can worry about his own ethical and medical obligations under his/her license.

As you see, it is impossible to respond to your concern, as drafted, sorry.

1 Answer | Asked in Medical Malpractice for Florida on
Q: WHILE INSERTING A STENT IN HIS OFFICE, MY MOTHERS DOCTOR KNICKED AN ARTERY. SHE WAS TRANSFERED TO A HOSPITAL.

HIS PRACTICE HAS BEEN SUED 5 TIMES FOR THE SAME SITUATION (NOT EQUIPT TO RESPOND TO AN EMERGENCY BLEED) WHEN SURGICALLY PLACING A STENT IN HIS OFFICE .

Joel Gary Selik
Joel Gary Selik
answered on Jun 7, 2023

Knocking an artery can happen with or without negligence. Here it may have been negligence but doing it in the office and after care may have been malpractice.

Consult with experienced attorneys.

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I was shot in 2009 and got my lungs stitched up with what was supposed to be dissolvable stitches and just found out

Recently in 2022 they never dissolved so I wanted to know if possible can I sue

Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

You need to consult a medical malpractice attorney. There is a two-year statute of limitations for malpractice, but the two years may run from the date of discovery of the damage caused by the malpractice.

Also, assuming a potential claim is NOT barred by the statute of limitations, an...
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