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Florida Medical Malpractice Questions & Answers
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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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.

1 Answer | Asked in Business Law, Employment Law and Medical Malpractice for Florida on
Q: last employer was arrested for working without a medical license.

If i was unaware of my former employer not being properly licensed, is there any way I could be in legal trouble?

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 1, 2017

Simply not enough facts to say for sure. Typically the law violation would be against the party who failed to be properly licensed. It would be fact specific if the agency that arrested your employer also were to bring charges against you as well. However, if you were doing the type of work... View More

3 Answers | Asked in Car Accidents, Personal Injury and Medical Malpractice for Florida on
Q: car accident three different hospitals and primary 3rd hospital caught the fractured spine three weeks later

Two hospitals let my daughter leave hospital with no knowledge of fractured Spine Primary doctor prescribed pills and therapy without checking records. Hospital had her wearing back brace wrong for three months third hospital caught the fracture. Does my daughter have a medical malpractice case

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jun 22, 2017

I can't say if your daughter has a case or not but I strongly suggest that you consult with a medical malpractice attorney in your area to see if there is a case.

Medical malpractice cases can be difficult and expensive to bring and the medical malpractice attorney puts up the cost...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: I was diagnosed with stage 1 throat cancer. Received radiation treatment and it blew my vocal box and chords up.

Had to have emergency surgery to remove them plus a pectorial flap surgery to fix a fistula. Do I have a case?

Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Why not contact a member of the Florida Assn for Justice who handles medical cases? They give free consultations.

1 Answer | Asked in Health Care Law, Medical Malpractice and Gov & Administrative Law for Florida on
Q: How to file a claim against a hospital that malpractice that has sovereign immunity.

My aunts went to the hospital with her daughter on April 7. On April 9 they peform endoscopy on her when my aunt went home to take a shower. Mind you my aunts daughter is mental challenge she on medicaid so she cant make big decsions for her self without help from her mother. The endoscopy went... View More

Peter N. Munsing
Peter N. Munsing
answered on May 23, 2017

First contact a member of the Fla. Justice Assn that handles medical carelessness cases--they give free consultations.

1 Answer | Asked in Civil Litigation, Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: a relative went to psychiatrist in FL. She decided to admit him to the hospital. does he have any rights to be released?

a relative went to see a psychiatrist for the first time in fl. she decided to admit him even though he is not a danger to himself or, others. now the hospital wont discharge him and he hasnt seen a hospital psychiatrist. what are his rights?

Andy Wayne Williamson
Andy Wayne Williamson
answered on May 19, 2017

There must be some fear on the part of the Psychiatrist that the person is a danger to himself or others. You may want to speak with a guardianship attorney in your area, or rather where your relative is in the facility to determine what the next step might be. the attorney might be able to find... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: Would I have a case to make a complaint against or sue a therapist for being baker acted due to a miscommunication?

there were things I said and things she said that made me feel like she just wanted to commit me. I said I wanted to beat someone due to them harassing my family and posting my wife's information along with mine in public businesses. my therapist then asked me "Seriously?" I... View More

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

No, in my opinion you don't have a case against the therapist.

1 Answer | Asked in Medical Malpractice for Florida on
Q: I was diagnosed in 2015 wth a Meningioma tumor the doctor gave me medicine last night I went to er ct scan no tumor

is this malpractice and the fact I was treated on medicine that made me manic and messed up my brain is this malpractice

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Possibly but it is difficult to show that drugs cause certain things that occur without drugs, such as bipolar type disorders.

Perhaps first see a specialist to make sure you are free of any cancer--always possible there was a mistake on reading the scan.

Do not ask one doctor to...
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Wynn v. Todd (spelling) referenced; improper to use witness to give another expert's opinion.

This was used in a deposition and I can't find the case law for reference.

Peter N. Munsing
Peter N. Munsing
answered on Apr 17, 2017

Why not ask your lawyer.

1 Answer | Asked in Elder Law, Health Care Law and Medical Malpractice for Florida on
Q: In Florida, where do I report nurse unethical conduct?

As far as I know 4 instances of nurse unethical conduct were committed against me at a surgical facility on 3-21-17. These unethical acts took place in a period of from 9am--11am approximately.

Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

Whatever board that regulates medical facilities and nursing.

1 Answer | Asked in Medical Malpractice for Florida on
Q: I went to the ER for a illness and HIV testing was done without my knowledgeis this legal in Florida
Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

If you mean they charged you for a test unnecessary for your situtaion, possibly you can get it taken off the bill but its not illegal especially if you are having surgery as they need to take certain precautions if they will be caring for you.

1 Answer | Asked in Civil Litigation, Products Liability and Medical Malpractice for Florida on
Q: My ex husband has been my caregiver for four year can I ask for money to pay him on a law suit

I became handicap after a hip surgery the Dr use a devise name woodpecker and malfunction and broke my femur I need 24 hour care

Andy Wayne Williamson
Andy Wayne Williamson
answered on Mar 24, 2017

If you already have a case pending with a personal injury / medical negligence attorney I suggest that you follow their advise. Based upon the limited information you provided I would say that filing a lawsuit or trying to add a claim to a lawsuit for caregiver services will likely not be allowed.... View More

1 Answer | Asked in Legal Malpractice, Libel & Slander, Medical Malpractice and Personal Injury for Florida on
Q: Any suggestions in a scenario where "medical professional" presented predetermined false testimony as expert witness?

Psychological evaluation at the request of defense, patient retains privilege to my comprehension? Information remains confidential, requiring written consent to reveal? Misdiagnosis provided, recommendation made is preposterously unethical and malicious.

Intent to generate prejudice, effective.

Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

If you are examined for court purposes, disclosure in the court is the premise of the exam. The expert's opinions are subject to cross examination and rebuttal by your experts. Discuss this with your attorney.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Is it normal for a 3 yr olds respiratory rate to drop to zero several times while under anesthesia for dental surgery?

Do doctors have a duty to inform the parents that there child's respiratory rate was zero and critical low several times during dental surgery that was to be a 30 minutes procedure and took 3 hours? But told parents nothing and it was discovered by accident when child had to go to ER months... View More

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

Not sure they had a duty to disclose. If they did what would be the damages?

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