Lawyers, Answer Questions  & Get Points Log In
Florida Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: Can I sue a oral surgeon who damaged a nerve and locked my jaw?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

1 Answer | Asked in Civil Rights, Health Care Law and Medical Malpractice for Florida on
Q: Henderson Behavioral Health gave Sunrise Police my medical records to take out a ex- parte out on me what are my rights.

I live in Florida

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: My mom's surgery was incomplete because she woke up during cataract surgery 8 months ago.

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

Joel Gary Selik
Joel Gary Selik
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

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Dentist pulled two teeth but one at the bottom was extracted and put a hole in neighbor tooth and didn't say anything
Joel Gary Selik
Joel Gary Selik
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

View More Answers

1 Answer | Asked in Medical Malpractice and Health Care Law for Florida on
Q: Is it normal for a doctor to pull down underwear to feel lower abdomen due to constipation?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2023

In a medical examination, a doctor might need to palpate or press on the lower abdomen to assess for constipation or other abdominal issues. Generally, this can be done without pulling down the underwear. However, if the doctor feels that they need to examine a specific area more closely or if... View More

1 Answer | Asked in Medical Malpractice and Civil Rights for Florida on
Q: Can a lawyer take my case on contingency for medical malpractice/civil rights violation?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

John Michael Frick
John Michael Frick
answered on Aug 24, 2023

Yes, there is no prohibition in Florida preventing an attorney from taking either a medical malpractice case or a civil rights case on a contingency fee.

You may be confused by a different cause of action under Florida's statute for compensation to wrongfully convicted individuals...
View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Florida on
Q: What is the likelihood I would win a medical malpratice /police brutality case?

I had a miscarriage, I believe it had been too early to tell but my boyfriend states that the hospital told him that I had a dilation and curettage. In the hospital records, it doesn't mention this and I got an infection after not being explained the proper remedies of how to heal after the... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Sorry to hear about your horrible ordeal. You cannot obtain an online answer to the question, "How likely am I to win?", for this potential case or any other. You need to schedule a consultation with an attorney to review the facts and relevant documents. Also, there are relatively few... View More

2 Answers | Asked in Medical Malpractice for Florida on
Q: I went to the hospital last night in the ER doctor was very rude and ignorant towards me and told me I had inflammation
Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Jul 21, 2023

I'm not licensed in Florida, but have practiced in medical malpractice for 30 years in New York State (first on the defense and now on Plaintiff's side). But I would feel comfortable stating that unless there was a significant, physical injury from an act of malpractice, there would not... View More

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I was shot in 2009 and got my lungs stitched up with what was supposed to be dissolvable stitches and just found out

Recently in 2022 they never dissolved so I wanted to know if possible can I sue

Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

You need to consult a medical malpractice attorney. There is a two-year statute of limitations for malpractice, but the two years may run from the date of discovery of the damage caused by the malpractice.

Also, assuming a potential claim is NOT barred by the statute of limitations, an...
View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Florida on
Q: I donated plasma and formed a blood clot in my legs can I sue

I w as admitted to the hospital for the clots and now on blood thinners

John Michael Frick
John Michael Frick
answered on Apr 6, 2023

In a medical malpractice case, the key question is whether a healthcare provider’s actions fell below the standard of care for providers in that particular area of healthcare.

A bad outcome standing alone is not dispositive.

In your case, it depends on what the healthcare provider...
View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Florida on
Q: I signed paperwork for the dentist to sedate me and they didn’t. I had an awful experience. Can I sue?
Joel Gary Selik
Joel Gary Selik
answered on Mar 31, 2023

While such a case is possible, there are two hurdles that need to be overcome. First, due to the nature of medical malpractice cases, your damages, and not be sufficient to warrant time and expense of a lawsuit. Second, you have to show that it was below the standard of care in that circumstance to... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Hello, Regarding a medical error claim, I had an attorney tell me that due to tort reform, the damages in our case

would need to exceed the cost of litigating them, in order to file...and he threw out example of $15,000 during our consultation. Is this accurate?

David Hughes Harris
David Hughes Harris
answered on Mar 20, 2023

The costs can vary, of course, but the figure quoted to you by counsel mention is a reasonably accurate response. Quite frankly, most medical malpractice cases cost far more than this figure, especially in litigation.

"Tort reform" laws on the books -- and several more pending...
View More

View More Answers

1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More

1 Answer | Asked in Civil Rights and Medical Malpractice for Florida on
Q: Would filing a complaint with "Florida Health" be a useful/safe way of obtaining the security footage of my visit?

I am going after a hospital for 2 civil rights violations and medical malpractice. I also wish to pursue criminal charges for abuse/neglect of a mentally disabled person.

I thought about trying to settle out of court... but I'm not a lawyer. (Nor can I afford to pay up front.)... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 14, 2022

Immediately seek a free consultation with a medical malpractice attorney in your area. If you have facts that support a potential claim, a law firm may be willing to sign you to a contingency fee retainer agreement with no up-front fees or costs payment needed.... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Circumcision Consent Form did not specify risk of death.

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

View More Answers

1 Answer | Asked in Medical Malpractice for Florida on
Q: What is a reasonable settlement expectation for provable wrongful death and medical malpractice?

I am engaging in a lawsuit against a nursing home. It's about as provable as it gets. I have supporting evidence and expert testimony to present. I have secured a tier 3 MMP attorney. I just want an idea of what I'm walking into. I know only appx 30% of suits are successful and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

You should ask your attorney.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I still sue a dentist for malpractice after signing a release and getting full refund of $70,000 in FL.

I can’t eat and my top full arch still isn’t complete. I had a life threatening infection from a bad implant. Dr. Sulens agreed to pay all hospital bills and the implant restoration. Dr. Farrugia took 3+ years. I was fed up demanding a refund & I signed an agreement releasing all parties;... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 20, 2023

Probably not but it depends on what the release states and other factors.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Can I sue a plasma donation center for misdiagnosing my plasma

First the donation center sent me a letter stating for somebody else with their STD diagnosis then they sent me my diagnosis of a t y a positive I went to a hematologist specialist and they found nothing no antibodies do I have grounds for a lawsuit

Joel Gary Selik
Joel Gary Selik
answered on Nov 16, 2023

Yes you do. They were negligent and caused you emotional distress.

Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

1 Answer | Asked in Medical Malpractice for Florida on
Q: Why am I being told a firm is unable to represent me with presuing a medical malpractice suit?

The PA misdiagnosed my mild, consistent contractions for Braxton hicks without verifying with an OBGYN or ultrasound. 24 hours later I miscarried at 16 weeks. I've spoken to other doctors and was told an ultrasound should've been ordered to verify additional treatment plans instead of... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 15, 2023

There are many aspects of a m medical malpractice case an attorney will evaluate. One of these issues is the potential amount of recovery compared to the cost to get that recovery.

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.