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Florida Medical Malpractice Questions & Answers
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...
Read more »

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.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Potential medmal claim due to hip replacement surgery.

Hello! Thank you for taking the time to read this. On 3-6-18 I had a hip replacement surgery. The surgery itself went perfect and like it was supposed to. When I was lifted off the OR table to be moved back into my hospital bed they moved me wrong and my hip implant moved up and out of place. Had... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

It would be best for a Florida attorney to advise you, but your post remains open for four weeks. The things you describe, such as gauze, antibiotics, and related care are something that a convalescing patient would need, malpractice or no malpractice. Those are nothing in comparison to follow-up... Read more »

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Last month I had an MRI done on my spine and the hospital I went to basically didn't want to do anything knowing I had i

Back in 2019 December 13th I had surgery done on my stomach ever since then I haven't been feeling right I've been in a lot of pain in my stomach and back haven't been able to eat right all this other stuff come to find out a couple weeks ago I went to the hospital had an MRI done... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

A Florida attorney could advise best, but your post remains open for two weeks. You've provided considerable information, but there didn't appear to be a question. If you are wondering whether you have legal rights stemming from medical care you received, one option is to contact a med... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Is it malpractice for a RN to professionally cut nails? Without billing insurance.
Anthonia Imudia
Anthonia Imudia answered on Jun 2, 2020

There is no correlation between medical malpractice and billing of insurance. An RN can cut nails [of patients] if that is part of his/her duties. Medical malpractice may occur if the standard of care is not met. Additional facts will be needed to answer your question.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a hospital or doctor for wrong diagnosis

I got a wrong diagnosis from a doctor and basically had infection to my spine the whole time went to different hospital and now I have to have spine surgery because of this infection got worse

Mitchell Feldman
Mitchell Feldman answered on May 26, 2020

Well if an earlier diagnosis would have precluded the need for surgery then there could be an instance of medical negligence to file a claim. More facts are needed to know whether the earlier detection of the infection would have precluded the need for surgery.

1 Answer | Asked in Legal Malpractice, Health Care Law and Medical Malpractice for Florida on
Q: Florida pain doc. His ARNP is forcing me that I either get a pain pump or a spine stimulator implant. Is this legal?

The docs ARNP is forcing me to get the pain pump or the spinal stimulator implanted or cut me as a patient. I don't want anything inserted surgically when the pill that they give me is working. Can they legally force me to have one or the other surgically done? I feel like this is a crime?... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

Just say no. If they refuse to treat you anymore, so be it; get another health care provider.

1 Answer | Asked in Medical Malpractice for Florida on
Q: A surgeon has caused more harm then good whilst removing teeth and now i need more surgery, do i have a case?

I had surgery to remove 4 wisdom teeth. 3 of them are fine but the 4th has been in tremendous pain. I consulted another dentist, and they believe it is due to negligence from the surgeon. From what the second dentist told me, its customary to do a ct scan before wisdom surgery, but that was not... Read more »

Jeffrey Snyder
Jeffrey Snyder answered on Apr 30, 2020

I am trying to understand your facts. What exactly, is the reconstructive surgery you are having done. I am not understanding why removal of a wisdom tooth would cause you to need reconstructive surgery? What exactly is the surgery you need now? Can you clear that up?

You will need an...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a hospital ?

I had my son May 28,2019 and it was hell of a day. I was schedule for my c-section at 7:30 am and when I went in I did everything they asked me to get ready for surgery. They lost my drug test they didn't have records on me ( But they called me the day before to confirm) So I could not have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

Next time, find a different hospital.

It doesn't appear that you have been damaged monetarily by the hospital's mistakes.

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