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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: As an MD, do each of my patient visits need to have a medical record?

I am a solo-practitioner that does not accept any insurance.

Jane Kim
Jane Kim answered on Oct 14, 2021

Pursuant to Code of Medical Ethics- Medical records serve important patient interests for present health care and future needs, as well as insurance, employment, and other purposes.

This obligation encompasses not only managing the records of current patients, but also retaining old records...
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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Do I need to sign a release form within 10 days as they requested?

During an extraction for a permanent bridge, I received an injury. Small but am now under another doctor's care hoping it will heal entirely. I requested a refund from the current dentist for the work not yet performed, and have been asked to sign a release but it needs to be done in 10... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 6, 2021

Without knowing what the release says or what you may be waiving by signing it, I don't think any attorney can give you an answer on here. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida and who handles personal injury cases for a free... Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Civil Rights and Medical Malpractice for Florida on
Q: Good morning. I am looking for some answers for my trans child M-F currently in the Florida Prison System.

Medical needs are not being met. A recent diverticulitis flare up went untreated for approx 6 weeks causing extreme pain and a 40+ lbs weight loss. I filed complaints with PREA, Inspector Generals office, the prison directly and got no results. My child has now been transferred to the 3rd prison... Read more »

Henry George Ferro
Henry George Ferro answered on Oct 6, 2021

You need to retain a lawyer to review the file and then meet with them…Some lawyers may offer a free consult (be mindful of the adage that says “advice you receive for free is worth what you paid for it…nothing.”

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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: My face got burnt by a technician who did Lazer Hair Removal on my face. Now I have a scar.

I currently get Lazer Hair Removal on my face. The owner of the shop usually does it but got a new girl to do my treatment last time. The new girl was either nervous and it burnt me twice in the same place. That same day the skin started to peel away and has now left an ugly scar or mark on my... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 27, 2021

You did not ask a question, but if you would like to know if you might be able to make a claim for compensation to cover medical treatment for your condition, the answer is yes. And if you end up with a permanent scar due to the inability of medical professionals to remove it, you may claim... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Charles M.  Baron
Charles M. Baron answered on Aug 9, 2021

Can they ask you if you're willing to sit there? Sure. But did you mean "ask" or "require"? If you mean "required me to sit there for a while before they were willing to take me inside", it depends on the circumstances, including exactly what was communicated.... Read more »

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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1 Answer | Asked in Medical Malpractice for Florida on
Q: can a DO/MD send an electronic RX for sch 2 med to his pt that lives in FL but is going to school in West Virginia?

Physician is practicing in FL and needs to send a rx to his pt in West Virginia. Can he do this according to West Virginia accepting Rx's rules

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 5, 2021

Why don't you ask the pharmacist in West Virginia; he or she should know.

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Hello, I was wondering if there was a way to determine if any attorneys have had cases involving a certain individual?

This is regarding a physician whose actions could have quite easily gotten a family member killed due to negligence. We have already filed complaints with the hospital, but I was wondering where to look if I wanted to see potential cases where other individuals were not satisfied with the level of... Read more »

Leland E. Garvin
Leland E. Garvin answered on Dec 15, 2020

Sorry to hear about this. I would suggest doing a search of the clerk of court in the county where the physician practices using their name. Additionally, you could go to the Florida Department of Health website and do a search for adverse incidents. I would share a link but the website won't... Read more »

1 Answer | Asked in Immigration Law, Health Care Law and Medical Malpractice for Florida on
Q: Can me and my partner as LGBT persons apply and be represented for asylum in Florida.We entered USA few days ago in NYC

My name is Veljko, I am a 44 years old and HIV positive male originally from Serbia. I have been in a domestic partnership for four years with my fiance Sasha, since we don't have an option to legalize our relationship in our home country.

Back in 2004 I was persecuted for the first... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Nov 24, 2020

You can apply for asylum. the question is whether you have a testiminy and documentation to demonsrate that you qualify for asylum.

Where HIV was at one time a ground of inadmissibility it is no longer. However, you may be required to show that you have insurance to cover your medical...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: What do I have to do to become a medical lawyer?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2020

Attend law school, get admitted to the bar, and start practicing "medical" law.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Almost lost a foot because ER sewed up a wound they shouldn't have.

My boyfriend had an accident where an axe ended up in his foot. He went to the ER and they sewed him up and sent him home. He saw a podiatrist days later, who told him they should never have sewn him up. He ended up having to stay in the hospital for over a week while they fought the infection that... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It would be difficult for an attorney to answer your question as to whether your boyfriend has a case based on these brief facts. To answer your question, most attorneys would want to see medical records and consult... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: When suing a surgeon for medical battery, do I name him or name of his practice as the dependent of the case?
Charles M.  Baron
Charles M. Baron answered on Sep 8, 2020

I assume you mean "defendant", not dependent. There is no cause of action (ground for lawsuit) called "medical battery". If you were the victim of a battery (an intentional act), you would sue for battery - and you may or may not have a separate cause of action for negligence... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Implanon was inserted to deep and cannot be removed without a surgeon is there a chance an attorney would take on?

J

Tim Akpinar
Tim Akpinar answered on Jul 17, 2020

A Florida attorney could advise best here, but your question remains open for three weeks. It could depend on the extent of damages resulting from the insertion. I hope it did not cause serious damage, but that's something a medical professional would be needed to substantiate. You could... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: I'm planning to file a medical malpractice claim in Florida. Can I file for a 90 day extension B4 I file an NOI?
Gregg M. Hollander
Gregg M. Hollander answered on Jul 15, 2020

Yes, you can file for the 90-day statutory extension prior to filing your Notice of Intent as long as the statute of limitations has not already expired.

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