Florida Medical Malpractice Questions & Answers

Q: I am wondering g if there are any lawyers willing to take a case where a dentist performed 2 root canals.

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on Apr 20, 2019
Stephen Arnold Black's answer
What damages have u suffered as a result of the dentists negligence?

Q: A friend was told he needs pacemaker defibrillator but dr won’t do surgery because he drinks is this legal

2 Answers | Asked in Medical Malpractice for Florida on
Answered on Apr 5, 2019
Terrence H Thorgaard's answer
Yes. No doctor is required by law to treat a patient. Your friend can always look for another doctor.

Q: Is only tylenol for a planned c section humane? The doctor knew i was on subutex and didnt plan to wean me surgury.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on Mar 13, 2019
Charles M. Baron's answer
Your question at the top is a medical question, not a legal one - but I'm guessing that you are wondering if you can sue the medical provider for medical malpractice. That starts with asking a doctor with the exact same specialty whether he/she believes the doctor who treated you did not meet the professional standard of care for handling the c-section procedure. Another issue is whether the extent of injury to you (temporary pain that shouldn't have existed) would make a potential...

Q: I had hernia surgery 2 yrs ago, now I have a hernia in the exact place of the incision and need to have another sugery.

2 Answers | Asked in Medical Malpractice for Florida on
Answered on Mar 1, 2019
Gregg M. Hollander's answer
Good afternoon. I'm very sorry to hear about what you're going through.

I'm not a medical doctor of course but I am aware that one of the risks associated with hernia repair surgery is that the hernia can return. If the hernia repair fails and the hernia reappears, this is referred to as a recurrent hernia. This can happen absent malpractice.

Whether or not you have a case would depend upon the specific circumstances of your care and treatment and whether or not the surgeon...

Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

3 Answers | Asked in Medical Malpractice for Florida on
Answered on Feb 18, 2019
Mitchell Feldman's answer
you will need to set up an estate on your own with estate/probate attorney, or if there's a medical malpractice case set up, attorneys like we do, have a relationship with another law firm that you can be referred to for this part. Essentially, the estate brings the case or legal action; but as a surviving spouse you are entitled to your damages, and thus again, you will be essentially the plaintiff who is to be awarded damages under the wrongful death statute (and others if they qualify as...

Q: How many times can a medical professional get a malpractice complaint before losing their license in Florida?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jan 8, 2019
Charles "Kip" Sinclair's answer
Florida has a "Three Strikes" rule, but to get a "strike," the doctor has to lose a malpractice trial and get a judgment against him. Claims don't count unless they go all the way to trial and the doctor loses. Settlements don't count either. Settlements have to be reported to both the Board of Medicine and the National Practitioner Data Bank, but unless the settlement amount is over $100,000, the public can't find out about it. And information from the National Practitioneer Data Bank is...

Q: I live in Crestview Florida I am currently in Orlando Florida which is 6 hours away in the hospital I think I have a

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Dec 28, 2018
Mitchell Feldman's answer
You can get an attorney anywhere who is licensed in Florida and no need to restrict based upon either of those 2 cities ita of no consequence

Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Answered on Dec 26, 2018
Mitchell Feldman's answer
The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The statutes will spell out the damages available

Who may recover is also spelled out in the wrongful death act as not everyone has a claim for the death of a family member.

Consult an...

Q: During a Lipo suction procedure, my lung was punctured and collapsed, I was sent to the ER and was admitted to ICU

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Dec 4, 2018
Mitchell Feldman's answer
You Question about suing for medical negligence or malpractice as you call it depend upon an opinion from a similar physician in same specialty who can conclude that the physician performing the lipo suction was negligent meaning his treatment frll below the piper standard of care.

As to the hospital not contacting your daughter there’s no harm or damage tissue for and I do not think that’s a matter of medical negligence

Q: was injured because a nurse gave me the wrong drug. Who can I sue?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Dec 1, 2018
Mitchell Feldman's answer
If any medical professional was negligent you may have a legal cause of action against the person and the his or her employer such as a hospital or physician group.

Q: can you sue a nurse assistant for infection of possibly used needle. if your celibate for 8 years no diseases

2 Answers | Asked in Medical Malpractice for Florida on
Answered on Nov 4, 2018
Terrence H Thorgaard's answer
It's not clear what you saw; if you do test positive for something I'm not sure that you have enough evidence.

Q: How common is arbitration used for medical malpractice cases and are ALL arbitrators lawyers?

1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for Florida on
Answered on Oct 30, 2018
Timur Akpinar's answer
I do not practice in Florida but your question has not been picked up in four weeks. Arbitration is an accepted forum for medical malpractice cases and is used in Florida. A Florida medical malpractice attorney could give you more meaningful guidance on this subject specific to your state, but as a general rule and depending on the state and forum, both attorneys and medical professionals are used in such arbitrations.

Tim Akpinar

Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Answered on Sep 18, 2018
Timur Akpinar's answer
I do not practice in Florida. However, it seems that no one picked up your question for a month. If you are contemplating bringing a claim, it would be advisable for you to consult with a Florida attorney without delay. Aside from assessing the merits of your claim, the attorney could advise you of deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...

Q: How do you sue someone's estate?

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Aug 11, 2018
Terrence H Thorgaard's answer
If he left significant assets when he died, someone may have petitioned the court for probate of his estate. The personal representative appointed in that case is who you would contact. Check the website for the clerk of court in your county to find out if such a case has been filed.

And of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.

Q: I am 31, a smoker, then prescribed Yaz and hormone therapy by my OBGYN. I then developed 4 pulmonary embolisms.

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jul 25, 2018
Peter N. Munsing's answer
Not necessarily depending on your entire medical condition, however at 31 it's not in a risk age group. Members of the Fla. Justice League give free consultations--find a member who handles medical carelessness cases in the county where this happened and get a consult. The attorney will need to know your medical history so you may want to sketch that out in advance, as well as your medical records.

You should be aware that under the ACA you can obtain your medical records for as little...

Q: Someone else is using my Florida pharmacy RPT license number to teach medtech classes. What do I do?!

1 Answer | Asked in Identity Theft, Criminal Law and Medical Malpractice for Florida on
Answered on Jul 15, 2018
Gary Kollin's answer
Report it to the authorities. I leave it to you to determine which are the proper authorities

Q: My nana just had surgery. The doctor left on vacation before they even closed my nana back up. More info below

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Jun 16, 2018
Terrence H Thorgaard's answer
And what would you like to know?

If she suffered complications and resulting damages, she should see an attorney who handles medical malpractice.

Q: If I wanted to open up an anti-aging clinic, does a doctor have to own it or can someone without a license own it?

1 Answer | Asked in Business Law and Medical Malpractice for Florida on
Answered on May 17, 2018
Terrence H Thorgaard's answer
You really need to hire an attorney to provide answers to this and any related questions.

Q: On you medical bills for chiropractic services!

1 Answer | Asked in Business Law, Car Accidents, Medical Malpractice and Personal Injury for Florida on
Answered on Apr 29, 2018
Andy Wayne Williamson's answer
Your question makes a little better sense, but still cannot be answered via this forum.

I think that you want to know who legally has to authorize the billing for chiropractic services. I would say most likely the Dr., but he or she does have nurses and assistants that may be authorized to sign off on services being billed.

I doubt that there is any type of price sheet anywhere to be found, each doctor can charge what they want.

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