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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Medical Malpractice for Florida on
Q: How common is arbitration used for medical malpractice cases and are ALL arbitrators lawyers?
Tim Akpinar
Tim Akpinar answered on Oct 30, 2018

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... Read more »

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for Florida on
Q: My right fibia upper has been broken, fractured due to medical personnel while a short stay @ our Mental health unit.

This was a pressure point tactic because I was cursing and screaming @ staff. FYI.. Former LPN who worked in mental health. 2 weeks ago and this pain is excruciating. Thanks,

Tim Akpinar
Tim Akpinar answered on Sep 18, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: How do you sue someone's estate?

My cosmetic surgeon agreed that improvements needed to be made in regards to a recent surgery to make the results acceptable. He told me to come back after one year, to allow for complete healing, so we would know what we are working with. I called recently to schedule my appointment to find his... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 11, 2018

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...
Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: I am 31, a smoker, then prescribed Yaz and hormone therapy by my OBGYN. I then developed 4 pulmonary embolisms.

Is this medical malpractice since the doctor knew of the consequences?

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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... Read more »

1 Answer | Asked in Identity Theft, Criminal Law and Medical Malpractice for Florida on
Q: Someone else is using my Florida pharmacy RPT license number to teach medtech classes. What do I do?!

I have recently discovered that a person who teaches classes at her place of business is using my pharmacy RPT number and placing my name and RPT number on the certificates to her students. I taught maybe 3 classes for her, moved and then came back and have found she has continued using my license... Read more »

Gary Kollin
Gary Kollin answered on Jul 15, 2018

Report it to the authorities. I leave it to you to determine which are the proper authorities

1 Answer | Asked in Medical Malpractice for Florida on
Q: My nana just had surgery. The doctor left on vacation before they even closed my nana back up. More info below

He left no post operation instructions. No prescriptions for her to go home with. He shut his phone off so none of the nurses could reach him. Also, their was supposed to be something draining from my nana immediately after operation and they forgot to start the drain until 9 hours after the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2018

And what would you like to know?

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

1 Answer | Asked in Business Law and Medical Malpractice for Florida on
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?

I would own the clinic and employ a doctor to see the customers probably one day a week and to prescribe as an example testosterone to patients

Terrence H Thorgaard
Terrence H Thorgaard answered on May 17, 2018

You really need to hire an attorney to provide answers to this and any related questions.

1 Answer | Asked in Business Law, Car Accidents, Medical Malpractice and Personal Injury for Florida on
Q: On you medical bills for chiropractic services!

Who has to sign off the person who does the services ie massage, 10s machine &heat or can a dr who didn’t see you or who you don’t even know sign off on it also where can I find prices for section 5 chiropractic services price ranges

Andy Wayne Williamson
Andy Wayne Williamson answered on Apr 29, 2018

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...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can I sue my doctor?

I had a doctor perform an ERCP on me and he messed up causing them to need to put a stent inside of my body to prevent pancreatitis since he irritated my pancreas. Now I'm getting charged thousands in total because of the procedure, visits, and now the procedure to take it out. Can I do anything?

Daniel Marc Berman
Daniel Marc Berman answered on Mar 13, 2018

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...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Can family (Grown Children) file a Malpractice Law Suit on behalf of a surviving parent who died as a result of wrong do

Mom (76) fell reaching for her K-9 12/20 hip replace 12/21 (Recov) 12/21-24 Tran to Rehab 12/24 disch 02/10 I disagreed as electrolytes too low week could not walk In 48 hrs called 911 to assist Mom in house she collapsed at front door, no PI Collapsed 3X's that night from bed, no PI... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 9, 2018

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.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Do I have a case, on behalf of my wife, if a condition exacerbates and could've been caught sooner?

My wife is a MRSA carrier, and has developed a spot on her back near where she had previously had surgery for a MRSA-related infection. The MRSA carrier diagnosis is on file with the clinic she goes to for her near complete care... This new spot may or may not be a flare up/relapse of the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 28, 2018

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.

2 Answers | Asked in Civil Litigation, Civil Rights, Medical Malpractice and Libel & Slander for Florida on
Q: Can my doctor make me take a negative online review down?

I had a very bad, life-altering experience with my psychiatrist. I posted a negative review on google while I was still a patient and the doctor personally called me and told me she "wouldn't be completing disability paperwork for me if I didn't take it down". I did. Later I was discharged as a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 21, 2018

You should confer with an attorney of your own to determine if the posting is defamatory.

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1 Answer | Asked in Libel & Slander, Health Care Law and Medical Malpractice for Florida on
Q: how can i sue a healthcare worker for suggesting without any reasonable base that my son has autism.

She is a total stranger, and so it's normal that a 25 month old would not want to cooperate with her. We had to see the speech therapist for my son so that the school would decide whether to take him in to the school. Right as we started the session she asked him to identify objects and assemble... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2017

You do not have a case. You agreed that the professional would evaluate your son. She merely reported her opinion.

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I have a very large, ugly scar on my wrist as the result of a wart removal and subsequent staph infection.

Went to dermatologist, was told it would be a easy routine procedure with no mention of scarring, a few days later my arm and hand were swollen, red, and very painful to where I couldn't sleep at night. I went to urgent care and they diagnosed staph and put me on heavy antibiotics, but were about... Read more »

Christopher Reynolds
Christopher Reynolds answered on Dec 7, 2017

You might have a claim for the scarring. Call a local medical malpractice attorney and discuss the details to see what options you have. Basically, if the dermatologist did anything wrong and that caused the scar, you definitely have a claim. Generally, there is a 2 year statute of limitations... Read more »

1 Answer | Asked in Medical Malpractice for Florida on
Q: No one wants to take my medical malpractice case because it didn't end in death or severe damage.

I am having a hard time getting a medical malpractice case being taken as a worthy case and I wonder which medical malpractice branch takes "lighter" cases that didn't end in death or severe damage? My father went to the hospital with chest pain, losing his breath and abdominal pain. As far as I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2017

They don't want to take the case because courts usually subscribe to the maxim "no harm, no foul".

1 Answer | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: Hired a lawyer in NY to take on wrongful death case almost 1.5 years ago. I now live in FL and received a letter from

this lawyer basically stating he cannot win this case. My question is this: Can I hire a lawyer from FL to work with locally or do I need to work with one from NY remotely because of any jurisdiction issues?

Peter N. Munsing
Peter N. Munsing answered on Oct 31, 2017

First, get a full explanation of why it's unwinnable. Makes more sense to hire an attorney in New York. Ask for a copy of the entire file. Contact a member of the NY State Trial Lawyers Assn --they give free consults. Consult in person--maybe part of the problem is you did everything long distance... Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue a doctor who repeatedly missed appointments with me causing an auto accident due to a stress blackout?

Two times I scheduled an appointment with a doctor who both times did not show up. Second time was after hurricane Irma and it took me close to an hour to get to his office.

On the way back when I was driving on a straight road I blacked out due to stress and collided with an electrical... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Sep 27, 2017

No, the facts you state are not sufficient to allow a lawsuit against the doctor.

However, I am but one opinion. The best thing to do is to contact a personal injury attorney in your area to get a consult. Most firms who handle personal injury offer free consults.

1 Answer | Asked in Criminal Law, Constitutional Law and Medical Malpractice for Florida on
Q: Who has jurisdiction to take a complaint against a judge and investigate a violation of due process rights by a judge?

Judge accepted a plea when advised there is a problem with the plea and continue proceedings. A preconceived public defender's opinion in an involuntary intoxication defense leading to temporary Insanity was erroneous.

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

Your recourse would be an appeal or reopening of the case. Judges are for the most part immune from liability, certainly under your facts. Consult with the Florida Civil Liberties Union or ask for the names of some of their "cooperating attorneys" with regard to sentencing issues.

1 Answer | Asked in Animal / Dog Law and Medical Malpractice for Florida on
Q: Veterinarian, cut my kitten ears without explanation when I brought her for spaying, as a mistake. How can I proceed?

I adopted a kitten from a shelter 3 months ago. She was too tounge to be spayed. I brought her today for a regular spaying appointment that they set up for me once she turned 4 month old. On a paperwork they gave me they stated that no skin will be removed, they will just tattoo her as a mark that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 13, 2017

You could sue for damages in small claims court, but the measure of money damages is going to be hard to prove. Start by asking them to make an offer, and go from there.

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