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Florida Medical Malpractice Questions & Answers
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
PREMIUM
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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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
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: I donated plasma and formed a blood clot in my legs can I sue

I w as admitted to the hospital for the clots and now on blood thinners

John Michael Frick
John Michael Frick
answered on Apr 6, 2023

In a medical malpractice case, the key question is whether a healthcare provider’s actions fell below the standard of care for providers in that particular area of healthcare.

A bad outcome standing alone is not dispositive.

In your case, it depends on what the healthcare provider...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?
Joel Gary Selik
Joel Gary Selik
answered on Mar 31, 2023

While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Ulna fracture and dislocation not properly diagnosed or treated because I refused a Covid test. Can I be compensated?

Once I refused, the Covid test, pain management meds were canceled and I was discharged.

Joel Gary Selik
Joel Gary Selik
answered on Mar 25, 2023

If the medical standard of care was breached, and that caused additional harm, such as further damage to the broken limb, there may be a viable case.

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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Hello, Regarding a medical error claim, I had an attorney tell me that due to tort reform, the damages in our case

would need to exceed the cost of litigating them, in order to file...and he threw out example of $15,000 during our consultation. Is this accurate?

David Hughes Harris
David Hughes Harris
answered on Mar 20, 2023

The costs can vary, of course, but the figure quoted to you by counsel mention is a reasonably accurate response. Quite frankly, most medical malpractice cases cost far more than this figure, especially in litigation.

"Tort reform" laws on the books -- and several more pending...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: 72 year old father of two adult children w no wife died after surgery in a Florida hospital.

One daughter is a physician's assistant in that hospital and feels there were mistakes made. Do the adult children have any recourse?

Joel Gary Selik
Joel Gary Selik
answered on Mar 5, 2023

Yes the adult children have a case for wrongful death-medical malpractice and, potentially, a survival action. Consult with Experienced Medical Malpractice Attorneys in the State where this occurred.

1 Answer | Asked in Personal Injury, Civil Rights, Libel & Slander and Medical Malpractice for Florida on
Q: How do I get a lawyer in my state if I am sueing the State?
Tim Akpinar
Tim Akpinar
answered on Feb 19, 2023

A Florida attorney could advise best, but your question remains open for two weeks. In addition to searches you may conduct on your own online, there is a "Find a Lawyer" tab at the upper left part of this page. You could search Florida attorneys by region and practice area. Additionally,... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: i have a medical malpractice issue and I am needing help or representation... How do I start..

I was recently at Shands ER... for simple covid check up and IV misplacement has left me with infected Lft Hand and no use of Lft hand....

Joel Gary Selik
Joel Gary Selik
answered on Feb 8, 2023

You should search for an experienced medical malpractice attorney using Justia search.

An attorney, with consultation with a medical professional, would have to determine if something was done wrong or if it was just a bad result without negligence.

1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More

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