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Florida Legal Malpractice Questions & Answers
2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... Read more »

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1 Answer | Asked in Divorce, Civil Litigation, Domestic Violence and Legal Malpractice for Florida on
Q: Conflict of interest

Partners

Nicole Vette
Nicole Vette answered on Aug 21, 2021

If you no longer trust or have faith in your attorney it sounds like you should consider hiring new counsel.

1 Answer | Asked in Animal / Dog Law and Legal Malpractice for Florida on
Q: A veterinarian gave my dog the wrong dosage and now may need to be euthanized. Can I pursue legal action?

My dog was given a medication at 20mg dosage when it should have been 2.5mg. As a result of the wrong dosage and previous health issues she is now having acute kidney disease and may need to be euthanized. How do I go about pursuing legal action against the animal hospital involved?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2021

Most dogs don't have a market value of very much. Unlike people, you wouldn't be able to sue for "wrongful death". So you would sue in small claims court for the vet bill for the negligent procedure, as well as the cost of having the dog euthanized. That's about it.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Had a procedure done on my back with a 2 to 3 day recovery; haven’t been to work since; Are there any legal grounds ?

It’s been eight months since I worked; I have applied for disability;

My problem is that I cannot physically return to work at this time. Please respond, thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2021

That's a question your current heath care provider needs to answer.

1 Answer | Asked in Intellectual Property, Legal Malpractice and Trademark for Florida on
Q: Is it legal to record a movie for personal use from a DVD one owns?

Hello,

I am wondering if it is legal to record (copy a movie to save as .mp4) a movie with VLC that has been legally purchased (first sale) for personal (non-distributed) use. I would not like to retain the original DVD's (as I travel a lot and enjoy the convenience of a digital... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 23, 2021

Depends.

You should consult with an attorney to address your concerns.

1 Answer | Asked in Legal Malpractice and Lemon Law for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!

Marco advised I ask google, isn't this ask a lawyer. If google is the best answer, I knew lawyers are part of the problem

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 8, 2021

It's not an acronym.

see:

[20-22] "... (Britain, law) The railing surrounding the part of a courtroom in which the judges, lawyers, defendants and witnesses stay

(US, law) "the Bar" or "the bar" The bar exam, the legal licensing exam....
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1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got ran over by a garbage truck, got surgery months after.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

You want to contact a member of the Florida Justice Assn who handles malpractice cases in your county. They give free consults. However in some states the workers comp doctor is protected from malpractice claims!

3 Answers | Asked in Contracts, Copyright and Legal Malpractice for Florida on
Q: What does B.A.R mean? Lawyers are members, what does it mean? Why are you a member? I was told it is British!?

I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 7, 2021

Did you try google?

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1 Answer | Asked in Legal Malpractice, Medical Malpractice, Personal Injury and Civil Rights for Florida on
Q: Malpractice! Got surgery Very late. Incident happen on 12-11-19. Got surgery on 10-22-20.

I got ran over by garbage truck on 12-11-19. The hospital released me a day after my incident on 12-12-19. I have a workers compensation attorney. I didn’t get surgery on my foot until 10-22-20. I went through therapy and they let my foot healed improperly. I was forced to walk on my foot when I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2021

Of course, and you might prevail if you can prove negligence. Ask your worker comp. attorney for more information.

1 Answer | Asked in Criminal Law, Legal Malpractice and Libel & Slander for Florida on
Q: how do i get a expungement. 2019
Henry George Ferro
Henry George Ferro answered on Jul 7, 2021

You can go through the FDLE website or you can hire a lawyer to do it for you.

2 Answers | Asked in Consumer Law, Contracts and Legal Malpractice for Florida on
Q: Civil plaintiff attorney has effectively gone missing since April. Resulting in missed deadline sanction won’t call bar

Radio silence to even the bar

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

And what is your question? If this is your attorney find another attorney, who can, take over your case and determine what, if anything, to do about the missing attorney.

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1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
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2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Florida on
Q: Afer a motion to dismiss another judges order , basing off of false statments and fetched reasoning gets canceled .

I won a hearing after the mother petitioned for an emergency pick up order. Judge agreed with mother and ordered, I apealed the decision based off of due process and my ability to not tell my side. the judge then recanted and called for a hearing. I won the hearing the judge determend the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 22, 2021

You attend the hearing and testify if asked to do so. Otherwise, leave it up to your attorney.

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2 Answers | Asked in Admiralty / Maritime, Legal Malpractice, Medical Malpractice and Personal Injury for Florida on
Q: My injury case was settled but I never got my money part (maritime). I want to make a new case for Malpractice.

My injury case was onboard a cruise line ship and this case is on Brevard County Court.

For the new case I want to have for Malpractice occurred in Lantana, Lake Worth.

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

There isn't enough information to form any judgment on what happened here in terms of the handling of the case. But as a GENERAL matter in maritime and other types of injury cases, there are factors that could sometimes delay payment to a plaintiff. Some of these are not within the control of... Read more »

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1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Florida on
Q: Are there any legal remedies for a withheld judgement to be dismissed before it's time lapse?

A loved one received a withheld judgement for a misdemeanor for something that they didn't do. The accusing party filed a lawsuit the same day of the hearing. A couple of months in and during the discovery process, exculpatory evidence was provided that had been withheld from the criminal... Read more »

Henry George Ferro
Henry George Ferro answered on Apr 19, 2021

You typically must file your motion to vacate on newly discovered evidence within two years of the termination of the original case. Contact a lawyer ASAP...

1 Answer | Asked in Legal Malpractice for Florida on
Q: Is there a procedure for a court to follow to see if a registering lawyer is competent to represent a defendant ?
Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

Don't know what you mean by "a registering lawyer", but in any event, Courts do not screen appearing lawyers for competence. If you are referring to an Assistant Public Defender, the Public Defender carefully screens applicants for lawyer positions in his/her office and thereafter... Read more »

1 Answer | Asked in Legal Malpractice for Florida on
Q: Can associate lawyer from a firm representing me jump ship, start practice and represent my ex against me to modify

Divorced 2010...ex trying to modify and just found out her attorney is an associate attorney of the law firm who represented me in my divorce. Conflict of interest?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2020

Yes, it would appear to be a conflict of interest.

1 Answer | Asked in Real Estate Law and Legal Malpractice for Florida on
Q: We purchased our home in Oct 2017. It was sold as city sewer and water. We have problems with toilet and found no city

Sewer. We have a bad septic sewer and need a new one put in! In the last few months we spent over $500 to get it pumped. Help

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 12, 2020

You would need to consult with a real estate attorney to review your purchase agreement, which we obviously cannot do online in this forum. If it was only on the listing you likely would not have any recourse in this matter. It is important to use a real estate attorney when purchasing property... Read more »

2 Answers | Asked in Legal Malpractice, Contracts, Identity Theft and White Collar Crime for Florida on
Q: USING A HYPHENATED NAME ON A NOTARIZED DOCUMENT: THE NAME CHANGE GAME - TRICKERY TO AVOID LEGAL LIABILITY

Someone has been financially gaining by using a different name on documentation which has been notarized (as required to be valid and binding) but, the name does not match the legal name or initial on the FL ID. For example: the person's name is "Tom Smith Jones" (First, Middle and... Read more »

Charles M.  Baron
Charles M. Baron answered on Aug 7, 2020

To answer that question, a review of all relevant documents and communications would be required because notarization is not normally needed to create an enforceable contract. So the issue is whether the faulty notarization makes a difference, as opposed it being irrelevant because of having a... Read more »

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1 Answer | Asked in Legal Malpractice for Florida on
Q: What type of attorney do I need to sue for malpractice of another attorney ( federal attorney) My case is SOLD.
Clifford B Cohn
Clifford B Cohn answered on Aug 7, 2020

Legal malpractice cases presnt unique problems. There many attorneys who specialize in legal malpractice cases. Do a search on Justia/Avvo/Google

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