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Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Florida on
Q: what action can I take if a hospital released me with high blood pressure and no medications
Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

Follow up with a doctor. Unless the untreate blood pressure did something, you wouldn't have much of a claim. Reason is you only get compensated for what did happen, not what could have happened.

1 Answer | Asked in Medical Malpractice for Florida on
Q: hospital released me with high blood pressure and didn't prescribed any medication what can I do

my blood pressure was 230/106 they gave me a pill there then released me without further medications just told me go find a primary care doctor.. when I was released my blood pressure was still high...

Peter N. Munsing
Peter N. Munsing
answered on Feb 19, 2017

Doesn't sound like anyhthing happened. You don't give more than medication if there isn't some emergent problem causing the spike.

You may want to see a cardiologist.

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Can you still sue if Dr. kills himself?

My daughter is in the process of filing a suit against a Dr. who botched spinal surgery. After another Dr. in his practice attempted to fix his mistakes (as best he could), the original Dr. was fired from this practice. He found a new job in another town, same state. We just got word today that he... View More

Gregory P. Farrar
Gregory P. Farrar
answered on Feb 15, 2017

Medical malpractice cases can be pursued against the estate of the Dr..

There is a short statute of limitations --2years for med mal from the date the injury occurred and you must find an independent and qualified doctor who will state a breach in the standard of care has occurred....
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1 Answer | Asked in Medical Malpractice for Florida on
Q: Leg broken again after told I could full weight bear, did my doctor give me bad advice?

Last year in the end of april I broke both my legs and my right ankle. The left leg healed quickly with plates and a pin. The right leg had an external fixator because of my ankle for approx 3 months. After removal fixator I was told I could start weight bearing in a few days and start PT shortly... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 30, 2017

Not sure why you had the fractures. Suggest you contact a member of the Florida Justice Assn --they give free consultations.

I don't think you would have a successful malpractice case but get the consultation. As to the bills, you may have been disabled for one year or more in which...
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1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: florida has a tort reform that basically handcuffs families if there loved one died from malpractice or wrongful death.

Is there any other options like mediation or arbitration?

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

No, but if you haven't already speak with a member of the Florida Justice Assn--they give free consults.

The law is that way because doctors organized and lobbied. If you think the law doesn't give justice work with others to lobby, to change the law, as a memorial to your loved ones.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can a doctor say to a patient that they shouldnt have gone to the hospital cause it wasnt life threating?

Went to the ER because i have a bad rash on both sides of my legs towards the crotch area and also under my breast and i was with my son. And they put me in a room with a chair doctor comes in and right away insit to see the rash i told him my son is in there and that i need to lay down in order... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 3, 2016

Emergency room visits are normally more expensive. I think the doctor was telling you that you were wasting your money; or that your insurance would probably have a higher deductible.

1 Answer | Asked in Criminal Law, Consumer Law, Medical Malpractice and Small Claims for Florida on
Q: Can a dentist charge you for a crown where there was never an impression taken? He did not sterilize his instruments

I was informed by his assistant that he did not sterilize his handpieces and reused dirty burs. He keeps sending me bills but no impression was taken for these crowns. I am still in temporary crowns and have no intention of going back.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Sep 26, 2016

This is not criminal in any way as the question is marked. What the assistant is meaningless and likely spiteful against the dentist for some reason. This is not actionable without proof. You need to dispute the bill with the dentist as yo why you are being charged. If it was for the visit/exam... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: My dad had a hernia during colonoscopy, putting him in the ICU for 2 weeks, can he sue?

He went in for a colonoscopy and it seems he had a hernia, causing his stomach to push up into his chest, the acid spilling into his throat and into his lung. His been in the ICU for 10 days and in the hospital for a total of 14 days. Is he able to sue, should he sue, and what chance does he have... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 16, 2016

To answer the questions requires a look at the medical records. I would suggest that as he's in the ICU he needs max medical care. To avoid scaring off doctors, do not question in an accusing way what has happened. Doctors will then be worried that you are "lawsuit oriented" and be... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: Is it legal for non licensed staff to perform medical duties, including post op procedures without the Dr being present?

The doctor is aware that she performs these major surgery post op procedures and dressing changes. She's not a nurse, PA, MA, ARNP or even a CNA. She also doesn't identify herself as not being a nurse when the patient calls her nurse. Does malpractice insurance cover a non medical staff... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2016

They are covered by malpractice. Whether anything amounts to fraud is more complicated, as much depends on provider agreements, federal regulations. But as long as you need care there your best avenuje would be to tun it anonymously by the Tricare fraud control. But they may not take anonymous... View More

2 Answers | Asked in Health Care Law and Medical Malpractice for Florida on
Q: Legs are in pain after 3 days in the hospital and no medicine or treatment to prevent blood clots. Do I have a case?

I we not given anything to help prevent my legs from getting blood clots after spending 3 days in the hospital. I'm sure I don't have any blood clots but my legs are in large amounts of pain due to this because they assumed it would be ok since I had just barley under a normal platelet... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 19, 2016

First you should see a doctor about the pain to determine its cause. If it's determined that the problem would have been preventable, then you should consult with an attorney.

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1 Answer | Asked in Medical Malpractice for Florida on
Q: can I sue a plastic surgery facility for negligence and endangerment?

I went to a plastic surgeon in Miami to have lipo done and when I booked the surgery they convinced me to purchase a package called far away. In this package I was told I would go to a mansion with 24 hr nurses. can I sue these people for putting me in danger there were no 24hr nurse, it... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 25, 2016

If it caused you a problem as a reult, yes. If it didn't then no--you can only make a claim if a negligent act causes you a problem that you wouldn't have had. However, you can make a complaint to the Health Department in Florida as well as other boards that regulate surgical centers. I... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I suffered a brain stroke on March 25th of 2016

I was seen by whom I had believed to be a Dr.(turned out he was a PA). I had believed that I might have had a rotator cuff injury . Upon seeing the PA I was injected with either prednisone or hydrocortisone and was then sent to their neighboring

clinic for physical therapy. The PA had... View More

Jonathan Damashek
Jonathan Damashek
answered on May 3, 2016

I recommend getting copies of your medical records and consulting with a local attorney.

1 Answer | Asked in Health Care Law and Medical Malpractice for Florida on
Q: I had a CT SCAN with contrast last night and I am allergic to iodine and they know this because its in my medical file.

So I had the procedure and I woke up this morning at 6am feeling like my body was on fire, I had hives all over and I was itching so bad. I called the hospital and told them and they told me to come in ASAP cause I was having a allergic reaction. Come to find out the contrast had iodine in it, why... View More

David Alan Wolf
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answered on Apr 9, 2016

Medical malpractice cases are quite expensive, risky, and complicated. It appears that you had an allergic reaction to the Iodine and the hospital failed to take this into account; however, if the injuries were minor, it would be a tough case from a practical standpoint to handle due to the... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can my son file a negligence suit against his orthopedic for a pressure ulcer due to a cast that was put on to thight

Hello my son has a pressure ulcer due to a cast that was put on to tight on his left leg for a fractured knee and has been hospitalized since Friday... His orthopedic was noticed several time about my son being in so much and and crying historically when his office only give me just prescription... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Nov 10, 2015

It does not sound to me from what you have written that you have a case, but the best thing to do is to go see a medical malpractice attorney for a full discussion.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a plastic surgeon?

I had rhinoplasty with a plastic surgeon and obviously signed a ton of waivers agreeing I wouldn't hold them legally responsible for anything.

HOWEVER the surgeon guaranteed me in writing I would "be very, very happy". He also told me I would be asleep in the surgery, when I... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

You should go to see a medical malpractice attorney for a full discussion about this.

1 Answer | Asked in Medical Malpractice for Florida on
Q: My husband was treated by Army and VA hospitals for TBI. I think a doctor messed up a surgery. Can we sue the US govt?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Perhaps. did you get to a medical malpractice attorney back then when you asked this question?

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can the us government be sued for medical malpractice and who can they be sued by??
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 10, 2015

Perhaps. By someone who is the victim of med mal.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Do adult children have any recourse when there is medical malpratice?
Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

Maybe. Go see a med mal attorney.

1 Answer | Asked in Medical Malpractice for Florida on
Q: 3 breast surgeries by Dr. - i need a 4th is this normal

Strax has given me another Dr. because Dr is suspended. I am afraid of this next surgery and don't know if it is malpractice or not. How do i proceed?

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

Go see a malpractice attorney, they do not answer questions here usually.

1 Answer | Asked in Medical Malpractice for Florida on
Q: My son needs a lawyer - Willfull Negligence of a dentist

What do we do now? my son is sick because of this dentist. Re-using needles my son now has Hep C and HIV

Please help us with this nightmare

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

Have you thought about going to see a medical malpractice attorney?

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