Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I had a cosmetic procedure six months ago, and I feel that the doctor didn't realistically warn me about the potential side effects during our consultation. He briefly mentioned them but assured me that most people wouldn't have issues, so I didn't ask follow-up questions. Since the... View More 
answered on Apr 5, 2025
I'm sorry to hear that you're dealing with ongoing pain after your procedure. While some level of discomfort can be expected after cosmetic surgery, persistent pain and unexpected side effects, especially if you feel they weren’t properly disclosed, can raise valid concerns.
In... View More
My son is currently facing criminal charges in Miami, Florida, and has been diagnosed with brain cancer since being incarcerated. His court dates keep getting postponed, and the latest one was supposed to be today but didn't occur. He is feeling unsupported by his court-appointed lawyer, who... View More
answered on Mar 29, 2025
The only pro bono representation available for criminal court is the Public Defender's Office and other court-appointed lawyers. However, there are jail/prison rights advocacy organizations that might be able to provide assistance regarding the medical treatment issue. One is the Florida... View More
I underwent radiation treatment in 2023, and significant damage became apparent soon after. The issue arose because the marker for the radiation was set by someone other than the doctor who performed the procedure. I'm concerned about the possible negligence involved and am seeking advice on... View More
answered on Mar 18, 2025
If you suffered injury from medical treatment as described, then you may just have 2 years under Florida law to claim from the date you knew there was damage. The set up by a medical technician etc will still be subject to a standard of reasonable care within that profession. Thus, you should... View More
I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More
answered on Jan 2, 2025
Everyone's body is different. You may have an abnormal reaction. It does not mean the doctor should have done something to avoid it. The sole abnormal bruise is not proof of a doctor's negligence.
I wish I could upload a photo. Doctor office sent me home with post procedure instructions. Within the instructions it says I may have a small bruise and/or a bump at the site of cath insertion. The bruising i have starts at the lower part of my thumb and extends all the way up to my armpit on the... View More
answered on Jan 2, 2025
See another physician to find out if the condition is serious. If it is, you need treatment, and you sue, the other physician might be a good expert witness. If you seek treatment, and you are covered by insurance, the insurance carrier may also help with an attorney.
A relative died because of nursing home negligence and a fall.
answered on Nov 23, 2024
Medicare and Medicaid services, in themselves, do not create a cap on the gross total recovery one can obtain, but Medicare and Medicaid have automatic liens on a personal injury or wrongful death claim so that they can recover what they paid out for treatment as a result of the wrongdoer's... View More
A year ago my mother 70 years of age woke up during cataract surgery while the surgeon instrument was inside the cornea causing injury. This happened with a very well known doctor at an ambulatory clinic. The anesthesiologist was not able to keep my mother asleep during the procedure since my... View More
answered on Nov 12, 2024
The anesthesiologist had a duty to ensure your mother was adequately anesthetized during the surgery. If the anesthesiologist failed to maintain the anesthesia, leading to your mother waking up, this could constitute a breach of that duty. You would need to prove that this breach directly caused... View More
The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More
answered on Oct 17, 2024
While every case is different, and all medical malpractice cases require a in-depth look at the medical records, it sounds like the original doctor may have been negligent in failing to perform repeat labs, recognize the infection, and act quickly enough to prevent serious injury or further spread... View More
The patient had surgery, developed an infection, and later was hospitalized. The attending doctor performed labs, resulting in Staphylococcus aureus (MRSA), a recommendation for debridement was intervened by the original doctor. After discharge, the original doctor ignored the recommendation to... View More
answered on Oct 17, 2024
The legal implications of a doctor ignoring a recommendation to repeat a laboratory test for MRSA after a patient's surgery and waiting a year to debride the wound, resulting in disfigurement and chronic pain, can be significant under Florida law. This scenario likely constitutes medical... View More
This is a heath care ethics questions. I am only curious because my primary care physician (while most of this practice is elderly patients, some are teenagers) refuses to prescribe patients birth control if they ask because it goes against his religion. However, he will refer to the patient to a... View More
answered on Sep 10, 2024
No, it is not unethical to so refuse. Any professional may refuse to treat a particular patient or (for other professionals) work for a specific client. It's not a matter of urgency: the patient won't die is she doesn't see the gynecologist in the period between the referral and... View More
To include 2 ER visits, several Dr. Apts, several medications, pain and suffering and a horrible swelled up face with eye closer and missed work
answered on Aug 8, 2024
A Florida attorney could advise best, but your question remains open for a week. Your case does not seem unimportant. Based on your description, you experienced severe pain and it appears you have evidence supporting your position, in terms of hospitalization or work attendance records. If you mean... View More
A chain pharmacy dispensed a prescription medication with the wrong dosage that resulted in permanent heart injury. My former lawyer told me it's a personal injury case governed by 3-4 years Statute of limitations. I need a precedent case law establishing that a pharmacy negligence incident... View More
answered on May 15, 2024
Sorry to hear about your ordeal. There's no such thing as a "3-4 years statute of limitations" for any kind of claim. Was your former lawyer guessing that the limitations period would be somewhere between 3 and 4 years, being not sure if it was 3 or 4? The limitations period for a... View More
The patient had foot surgery, was in a care facility where they were supposed to have physical therapy and heal, stayed longer because of podiatrist's orders, wasn't until patient was taken to next podiatrist appointment that the doctor noticed she wasn't well and they called... View More
answered on Mar 23, 2024
A Florida attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of the patient. Based on the brief post, attorneys here could agree with you that closer observation could have been a factor. But the most definitive way to answer your question... View More
My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More
answered on Mar 16, 2024
Did you die from the operation? Did your mother know that there is a risk of death in any operation? If the answer to the first question is no, and the answer to the second question is yes, there are no damages and you don't have a right to sue, whether or not the SOL has tolled.
My mother consented to have me circumcised as a baby, later down the line at age 24 I realize I was circumcised, an entire 24 years not knowing that I was circumcised, can I file a lawsuit against the doctor or hospital? The consent form did not specify "risk of death," had my mother... View More
answered on Mar 16, 2024
While I empathize with your situation, you have no grounds for a lawsuit in this scenario. Circumcision, as a medical procedure, is typically performed with the consent of a parent or guardian, and the individual undergoing the procedure does not have legal standing to sue, unless there is evidence... View More
I had went for a wisdom tooth removal, during the procedure the surgeon was already in a bad mood arguing with the employees, he pulls a wisdom that was connected to a nerve, out of frustration he had with the employees he yanked my nerve. Week later I’m all healed, but I have no feeling on my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2024
If you've experienced nerve damage and jaw locking following a wisdom tooth removal procedure, and you believe the damage was caused by the oral surgeon's actions, you might have grounds to pursue legal action. In medical practices, professionals are expected to provide a standard of care... View More
I live in Florida
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In Florida, your medical records are generally protected under both federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and Florida's own privacy laws. These laws restrict the sharing of your health information without your consent.... View More
My mom went cataract surgery outpatient 8 months ago but woke during surgery. I had explained to the doctor and staff that my mom have kidney problems and that she is a very nervous person, I even asked for my mom to be given something so she would not too nervous that day but they insisted it was... View More
answered on Feb 8, 2024
The first question is, did she wake up due to something the doctors did wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Additionally, what she suffered has to be... View More
answered on Jan 23, 2024
Could be Malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of the injuries may affect the viability of your... View More
I had a tummy tuck on January 3, 2023, but have experienced consistent and worsening swelling since the procedure. Visits to multiple family doctors and ER doctors resulted in them advising me to see the original surgeon again. Although I've undergone various tests and scans, no underlying... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To evaluate whether you have a potential medical malpractice case, it’s important to consider if there has been negligence or a deviation from the accepted standard of care by your surgeon. In medical malpractice cases, you must prove that the doctor’s actions caused harm that would not have... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
