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Florida Medical Malpractice Questions & Answers
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.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Need help with medical malpractice for dental situation

Do you think that this could be a case

Tim Akpinar
Tim Akpinar answered on Feb 17, 2020

There are no facts provided involving the situation you ask about. It might be possible they were left off accidentally while posting your question. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I had a dentist office make my crown wrong, lost the foot print of my mouth and now I bite the inside of my cheek.

Been back numerous times still not right. I believe because of two technicians actions it was done deliberately. Can I sue for discrimination and the fact that I have to live with this malfunctioning mouth?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2020

You can not, according to what you have indicated, for discrimination. Perhaps you could sue for negligence or, if what you say is correct, intentional tort.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Do i have a Case ? Is this a Medical Malpractice ?

Several Months ago, i had an appointment with my doctor to remove an IUD (intrauterine device) and have it replaced with a new IUD since the old one was already over 5 years and it was time to change it. At the end of the appointment, i was told that it would be best to remove the old one and... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 11, 2019

I'm sorry for your painful ordeal here. From the facts you present, failure to remove the first IUD appears to be breach of duty of care, which would ordinarily be a basis for a medical malpractice case (together with other legal elements that include causality and damages). If you are... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: A dentist pulled my tooth, put in implant, left practice before completing process w/abutment & crown

Smile Design keeps putting me off, saying they are trying to come to agreement with current dentist to finish other dentists unfinished procedures. If I sue, who is sued, the Smile Design practice, or the dentist (if I can find him) who started the procedure? He has been paid in full for the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2019

Sue the dentist who you paid in full. It appears that there is not yet a contract between the dentists of which you might be a "third party beneficiary", so you can't yet sue Smile Design.

1 Answer | Asked in Civil Litigation, Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: doctor in Orlando florida I was refered to by my doctor in NYC his office refusse to give me appointment to see him

they claim because I have medicare and medicaid attached to it the cant see me I tried to explain to them they dont need to bill medicaid that medicare covers 100 present of my medical since I'm on a special needs plan they would not hear it then insisted I needed a Florida insurance I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 22, 2019

They won't accept your insurance. They won't accept cash. You might be better off asking your doctor for a different referral. You could delve further into the insurance coverage, reviewing the guidelines and determining your rights. It's a personal decision in how determined you... Read more »

3 Answers | Asked in Consumer Law and Medical Malpractice for Florida on
Q: can youu sue a plastic surgeon for breach of contract or trust

If a plastic surgeon didn’t stick to the service agreement and you wake up with something other that what was agreed on, can you get you money back from the credit issuer under consumer protection laws?

Linda Liang
Linda Liang answered on Oct 17, 2019

You may file a few causes of action, including breach of contract, batteries, malpractice.. and etc. But your credit issuer cannot simply refuse to pay without a stipulation or a judgement.

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1 Answer | Asked in Civil Litigation, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: Is there anyway I can sue the hospital for medical malpractice without my stepmother?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2019

Assuming that your stepmother is the victim of the malpractice, no; you have no standing to sue, only she or her estate can do so.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Is a Dr negligent when gives a med not supposed to be taken with a Rx currently taking, causing harm?

Didn't find out about warning til next day, pk'd up Rx. Given pill at hospital initially, had terrible reaction. Has been several months, continue to have intermittent blurry vision, getting worse and more often, not better as had hoped. All meds were brought with me and documented at ED.

Charles M.  Baron
Charles M. Baron answered on Aug 5, 2019

It is possible that the doctor would be deemed negligent in this circumstance. Schedule a consultation with an attorney ASAP; you are running out of time to make a claim!

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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Medical Malpractice for Florida on
Q: Can Congress be sued for not holding CDC accountable, writing guidelines, not in their wheelhouse, harming millions?

FDA is in charge of drugs and regulations. Congress stated that CDC had no authority to issue guidelines for pain mgmt, especially how it did so, cherry picked bias members none whom never treated pain patients, had financial conflicts! Congress stated CDC be held accountable, consequences never... Read more »

Gary Kollin
Gary Kollin answered on Aug 5, 2019

No

1 Answer | Asked in Civil Litigation, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: I was in a drug rehab my medical information was released by a technician to make front of me in front of other clients

happened 18 months ago

Charles M.  Baron
Charles M. Baron answered on Jun 2, 2019

You didn't ask a question, but you apparently want to know what you can legally do about the fact that this happened to you. Also, when you say "to make front of me...", I assume you mean, "make fun of me..."

The U.S. Office of Civil Rights handles this type of...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: Why does my dentist want me to sign a release form and have it notarized in order to get full money back?

I was placed a long dental bridge barely 3 years ago and was told I had to replace it already which is unusual. Specialist within same dental company won't touch the bridge as he doesn't know what's underneath. Customer service after investigating my case offered to replace the... Read more »

Gregg M. Hollander
Gregg M. Hollander answered on May 29, 2019

Good evening:

I’m sorry to hear you’ve had such a poor experience with this dental group. Without reviewing that Release it’s hard to comment specifically. However, it sounds like they are willing to give you a full refund in exchange for a release of all claims. They want to...
Read more »

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