Timur Akpinar's answer 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 deadlines, notice of claim requirements, and statutes of limitations within which you would need to act to preserve your legal rights. In general, and I can’t speak for Florida, facilities that are...
Timur Akpinar's answer I don't think I could formulate an opinion as to the strengths or weaknesses of a case on these facts alone. In general, the basis for medical malpractice hinges upon a number of elements, consisting of a breach of a duty on the part of a practitioner, injuries/damages that result from that breach of duty, and a causality (or connection) between the breach of duty and ensuing injuries/damages. To learn more about your rights here, you could consult with an attorney who handles medical...
Peter Munsing's answer I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
Peter Munsing's answer Generally, that is too far away for the discovery rule but I could be wrong--suggest you contact Mike Koskoff and see what his office says--have your dates ready, what happened when. They give free consults. Feel free to use my name.
Peter Munsing's answer Contact a member of CAOC who handles medical claims. They give free consults. Don't be surprised if they say the damages do not warrant their involvement. The facts don't tell me there is a violation of their duty that warrants a claim. They aren't required to do separable surgeries on the same day.
Peter Munsing's answer There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go there because they aren't well enough to recover at home.
No media, social media, until you've spoken with an attorney or two. You can end up receiving some letters from attorneys for the nursing...
T. J. Jesky's answer Unless you filled out a "Medical Power of Attorney” and a Health Insurance Privacy Protection Act ("HIPPA") waiver, a spouse (or even the parent of a child over 18 years old) does not have an automatic right to see your medical records.
That being said, a doctor may discuss a patient's condition with family, relatives, and friends that the patient identifies as being involved in their healthcare (unless the patient objects). And, if a doctor thinks their patient's mental state...
Peter Briskin's answer Any malpractice claim needs to be fully investigated before filing in court. The question becomes “was there anything the doctor did or didn't do that departed from the standard of care". If an individual files suit "pro se" there is no requirement to satisfy the certificate of merit statute. If an attorney files a malpractice suit the certificate of merit becomes a requirement.
NY Medical malpractice claims must be filed within 2 ½ years from the date of the alleged negligent...
Mark Oakley's answer Health insurance is supposed to cover the costs of whatever medical care you need, regardless of the cause. It does not provide damages for pain and suffering, permanent impairment, loss of income, etc., caused by medical malpractice. Those types of damages are what malpractice claims are for, and are paid by the doctor's medical malpractice insurer.
Louis George Fazzi's answer Call your local county bar association's legal referral telephone line, explain the issue and they will refer you to someone who can step in and fight for his civil rights. Obviously, time is of the essence, so do this right away! You can always Google civil rights lawyers in your local area and start calling lawyers until you get someone to assist you. Either way, you should do either or both of these things right away!
Thomas A. Grossman's answer I don't blame the doctor for refusing to treat you further. You asked for a problem by going and eating shortly after major surgery. Any claim that stems from this incident will looked at largely as your fault (what they call "comparative negligence.)"
Terrence H Thorgaard's answer 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 of course you should have an attorney to do this for you. You may be able to find an attorney who will do this on a contingent fee basis.
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