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Florida Medical Malpractice Questions & Answers
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

1 Answer | Asked in Medical Malpractice for Florida on
Q: i was told the statute of limitations was 2 yrs. for filing reguarless if i was in carcerated
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

You were told the wrong limitations period. It is four years for negligence.

1 Answer | Asked in Medical Malpractice for Florida on
Q: malpractice suit incarcerated same day i found out i could not use my hand. didnt get to file suit i was unable to do so

broken wrist /cast came off hand deformed cant use it im a guitar musician for a living. that was 2020 im out now can i proceed since i was not able to file till now ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 18, 2023

Sure, you could file a lawsuit now; why do you ask?

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
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.)... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2022

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.... View More

1 Answer | Asked in Health Care Law, Personal Injury, Legal Malpractice and Medical Malpractice for Florida on
Q: Can I sue the hospital for sending me home with severe sepsis without any antibiotics?

I was hospitalized for over 3 weeks at my local hospital. I went cause I had cellulitis & the medication my primary prescribed didn't work. By the time I went to the E.R. I had 3 different antibiotics thru about 2-3 weeks. Was told after the 2nd round if it didn't work to come to be... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2022

You will need to consult a medical malpractice attorney for an assessment of your case. Medical malpractice cases are complicated and fact intensive.

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... View More

1 Answer | Asked in Medical Malpractice, Health Care Law, Civil Rights and Criminal Law for Florida on
Q: Can a surgical team continue with procedure if the patient who is coherent tells them to stop?

I have a question upon entering out patient surgical center. Patient informs the nurse of being a hard stick. The proceeded with IV in hand which immediately was painful achy and burned. The nurse passed it to the anesthesiologist stating the patient stated it was sensitive. He said he would watch... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 1, 2022

In this scenario, I'm guessing the medical people will have a different story - but if you can prove this happened, I believe the medical people would be liable both civilly and criminally for false imprisonment and battery (at least), and potentially liable civilly for malpractice. Request... View More

3 Answers | Asked in Health Care Law, Contracts and Medical Malpractice for Florida on
Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 11, 2022

Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you... View More

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1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Florida on
Q: If I decide to get an abortion, Can I sue the doctor or facility in the event of injury to my body or if I died?
Charles M.  Baron
Charles M. Baron
answered on Jun 28, 2022

Abortion care and any other kind of medical care must meet certain professional standards. If there is negligent conduct that is deemed to fall below those professional standards, and the negligent conduct is determined to be the cause of injury or death, there would be a potential medical... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I have a possible med mal case. My statute is approaching in Sept. Can I have 2 firms perform " investigation" ?

Incase one decides not to take the case?

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2022

A Florida attorney could advise best, but your question remains open for two weeks, and it appears you have a looming statute of limitations.

You may want to consider discussing the best way to do this with Florida med mal attorneys. When med mal law firms review files, they often advance...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Dental assistant stole my medical records after she was fired to cause me to start all my work over. I am a patient

She was fired because I complained and the doctor informed me today that after she was fired, she stole all my records. So i need to do a bunch of work over and she stole two crowns that i paid for, although the dentist will get me new ones for free. Now I have to wear these plastic teeth fir an... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

Other than having to re-acquire your medical records, how have you been damaged?

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