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Florida Medical Malpractice Questions & Answers
0 Answers | Asked in Medical Malpractice for Florida on
Q: Can medical staff hold down(forcibly restrain) a minor for an hour w/o parent present ?

on October 24 my daughter had to have two teeth extracted at Orlando bayfront in St. Petersburg, Florida. My daughter is 16 nonverbal autistic with severe developmental delays. The plan was for her to be sedated before IV . because I made it clear that I did not want her to be physically... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: In a personal injury if the person eas on Medicare half of the time and on Medicaid the other half. Is cap for suing?

A relative died because of nursing home negligence and a fall.

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2024

Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Mother woke up during surgery.

A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More

James Clifton
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James Clifton
answered on Nov 12, 2024

The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Do I have a case?

The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More

Jonathan E. Freidin
Jonathan E. Freidin
answered on Oct 17, 2024

While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Is it ethical if a primary care physician refuses to prescribe birth control because of his own religion?

This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 10, 2024

No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can maternal drug use exclude a mother from being able to sue a doctor for her baby suffering from a birth injury?

My baby was born with no heartbeat and she wasn't breathing. She had to go through the cooling process, was in the NICU for over 2 months and has been diagnosed with moderate HIE. I was on methadone during my pregnancy, and also had some fentanyl in my system as well as the baby. The doctors... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 8, 2024

In a word, yes. It would depend on whether it's more likely than not that your illegal drug use caused the problem with the birth. This would depend upon which expert witnesses, your witness or the doctor's, that the judge or jury believes.

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: How come my case is not important? Hygienist caused me severe pain which in turn caused 3-day Hospital stay.

To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2024

A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More

1 Answer | Asked in Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Need citation precedent establishing that a pharmacy negligence governed by 3-4 years Statute of limitations in Florida

A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More

Charles M.  Baron
Charles M. Baron
answered on May 15, 2024

Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... 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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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