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Florida Medical Malpractice Questions & Answers
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 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

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 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 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 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 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... View 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... View 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... View 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... View 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... View More

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.

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