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Florida Medical Malpractice Questions & Answers
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...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Spinal fusion resulted in staph in hardware. 3 surgeries in about 5 weeks, back deformity, on antibiotics 3 years.

Do I have a case? If not, why? I have more details.

Mitchell Feldman
Mitchell Feldman answered on May 27, 2019

You have 2 years from the date of the act you claim to be negligent to file a claim so if it’s been 3 years since the infection you would be passed the legal time to file a lawsuit. However you should consult with a lawyer to be sure. As to the facts, infections occur from surgeries and more... Read more »

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I am wondering g if there are any lawyers willing to take a case where a dentist performed 2 root canals.

One tooth he broke off the entire back of the tooth. The other root canal he actually drilled to the outer core of the tooth. It is destroyed meaning pulling or implant

Stephen Arnold Black
Stephen Arnold Black answered on Apr 20, 2019

What damages have u suffered as a result of the dentists negligence?

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2 Answers | Asked in Medical Malpractice for Florida on
Q: A friend was told he needs pacemaker defibrillator but dr won’t do surgery because he drinks is this legal
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2019

Yes. No doctor is required by law to treat a patient. Your friend can always look for another doctor.

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2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Is only tylenol for a planned c section humane? The doctor knew i was on subutex and didnt plan to wean me surgury.

I feel as he didnt plan this at all causing much damage emotionaly and physically during surgury and after plus nerve damage still. I take subutex which is buprenorphine a blocker for opiates. Which can cause difficulty treating my pain. He planned the c sec. For less than 24 hrs after seeing baby... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 13, 2019

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... Read more »

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2 Answers | Asked in Medical Malpractice for Florida on
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.

Is this something that can be sued for since I will have to pay thousands of $ for this additional surgery?

Gregg M. Hollander
Gregg M. Hollander answered on Mar 1, 2019

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...
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3 Answers | Asked in Medical Malpractice for Florida on
Q: can a surviving spouse sue for malpractice individually or must the deceased estate sue.I’m told only the estate

can sue and me, her husband can’t individually bring a case to court.

Is this true? I reside in the state of Florida...thank you so much for anything you can offer me.

Mitchell Feldman
Mitchell Feldman answered on Feb 18, 2019

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... Read more »

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1 Answer | Asked in Medical Malpractice for Florida on
Q: How many times can a medical professional get a malpractice complaint before losing their license in Florida?
Charles "Kip" Sinclair
Charles "Kip" Sinclair answered on Jan 8, 2019

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... Read more »

3 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
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

Medical negligence lawsuit do I get a attorney in crestview or Orlando

Mitchell Feldman
Mitchell Feldman answered on Dec 28, 2018

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

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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

Mitchell Feldman
Mitchell Feldman answered on Dec 26, 2018

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...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: During a Lipo suction procedure, my lung was punctured and collapsed, I was sent to the ER and was admitted to ICU

Was admitted for 4 days. I had put my daughter as my emergency contact, at the place were I was having the procedure, but she was not contacted until the following day in the afternoon. Can I sue the doctor who performed the Lipo for malpractice?

Mitchell Feldman
Mitchell Feldman answered on Dec 4, 2018

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...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: was injured because a nurse gave me the wrong drug. Who can I sue?
Mitchell Feldman
Mitchell Feldman answered on Dec 1, 2018

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.

2 Answers | Asked in Medical Malpractice for Florida on
Q: can you sue a nurse assistant for infection of possibly used needle. if your celibate for 8 years no diseases

what if you didn't pay attention to nurse assistant because her back facing me when she took the items out of red tool box she placed by the sink. it happened October 2, and went to emergency room on October 9 because of no appetite and dehydrated. was giving 2 ivs and blood work and urine... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 4, 2018

It's not clear what you saw; if you do test positive for something I'm not sure that you have enough evidence.

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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...
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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... 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.

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