Florida Medical Malpractice Questions & Answers

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 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.

Q: Can I sue my doctor?

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Answered on Mar 13, 2018
Daniel Marc Berman's answer
Perhaps, but only if you can prove that the Dr. violated the standard of care and that your issues are not a known possible complication of the procedure you had performed. You will need another Dr. as an expert to state this.

Consult with a medical malpractice attorney to see if this is worth pursuing.

Q: Can family (Grown Children) file a Malpractice Law Suit on behalf of a surviving parent who died as a result of wrong do

1 Answer | Asked in Medical Malpractice for Florida on
Answered on Mar 9, 2018
Terrence H Thorgaard's answer
It looks like you have a very detailed timeline, but it's not really evident what your mom died of, or who may have been negligent. I suggest that you confer with an attorney in your area who is experienced in medical malpractice.

Q: Do I have a case, on behalf of my wife, if a condition exacerbates and could've been caught sooner?

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Answered on Feb 28, 2018
Terrence H Thorgaard's answer
It depends on her relationship with the clinic. If she is on some sort of health-maintenance program under which the clinic is obligated to attend to all of her health-related needs, perhaps. Otherwise, no: she should simply go to another health care provider which can see her sooner.

Q: Can my doctor make me take a negative online review down?

2 Answers | Asked in Civil Litigation, Civil Rights, Medical Malpractice and Libel & Slander for Florida on
Answered on Jan 21, 2018
Terrence H Thorgaard's answer
You should confer with an attorney of your own to determine if the posting is defamatory.

Q: how can i sue a healthcare worker for suggesting without any reasonable base that my son has autism.

1 Answer | Asked in Libel & Slander, Health Care Law and Medical Malpractice for Florida on
Answered on Dec 25, 2017
Terrence H Thorgaard's answer
You do not have a case. You agreed that the professional would evaluate your son. She merely reported her opinion.

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