Lawyers, Answer Questions  & Get Points Log In
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...
Read more »

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...
Read more »

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... Read more »

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...
Read more »

View More Answers

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... Read more »

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.)... Read 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.... Read more »

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... Read 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:... Read 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... Read 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... Read 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... Read 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... Read more »

View More Answers

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... Read 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... Read 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...
Read more »

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: A psychologist released psychotherapy notes without consent.

A psychologist released detailed psychotherapy notes without my consent. He disregarded HIPPA. I feel completely violated. This occurred 5/10/22. Numerous employees throughout the large healthcare system now have access to these deeply personal notes. How do I proceed?

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

You have a potential court claim for invasion of privacy, and maybe a malpractice claim. With either, there should first be notice of claim and request for disclosure of liability insurance coverage (prelitigation notice being required for malpractice, and optional, but wise, for invasion of... Read more »

1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: Can I sue the hospital for medical negligence due to the sudden death of my mother-in-law who had Covid -19?

My 70-year-old mother-in-law passed away unexpectedly earlier this year after being admitted to our local hospital twice within a week. At the time of her passing, she was suffering from COPD, had a heart stent, was on long-term opioid for more than 30 years among other health problems. In the last... Read more »

Tim Akpinar
Tim Akpinar
answered on May 9, 2022

This is something a Florida attorney could answer best, but your question remains open for four weeks. I'm very sorry for your family's loss and the ordeal your mother-in-law went through. As a general observation, the matter could have elements that make for a difficult case. Hospital... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith and Medical Malpractice for Florida on
Q: My insurance company failed to provide a dentist covered in network in time to save teeth do I have a case?

I started a multiple root canal and crowns with my insurance last year in December, the max time to finish the procedure safely was 21 day, it took 114 days for them to provide a dentist that was in network and had not dropped them. I find this excessive and unreasonable, because the failure to... Read more »

Tim Akpinar
Tim Akpinar
answered on May 1, 2022

A Florida attorney could advise best, but your question remains open for two weeks. For this type of matter, an attorney could require a dental/oral surgery professional's opinion in terms of the impact of the delays. That's why the question is difficult to answer. You could reach out to... Read more »

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.

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.

View More Answers

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,... Read 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.

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.