Florida Medical Malpractice Legal Questions

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474 legal [2, *]questions have been posted about medical malpractice by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include dental malpractice, birth injuries, and failure to diagnose. All topics and other states can be accessed in the dropdowns below.
Florida Medical Malpractice Questions & Legal Answers - Page 10
Do you have any Florida Medical Malpractice questions page 10 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 474 previously answered Florida Medical Malpractice questions.

Recent Legal Answers

My DR isnt making any active effort to treat me. No attempt has been made to find out what is causing my pain.

Answered 9 years and 3 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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The answer is simple - find a new doctor.
The answer is simple - find a new doctor.

Can I sue if other things took place that I didn't give consent for?

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Posibly but will have to have discernable damages. 
Posibly but will have to have discernable damages. 

what do I do if an organization has violated my HIPPA rights and now seeks to have me sign a waiver or they will create difficulties for me?

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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No idea what you are describing so there is no proper way to answer this.
No idea what you are describing so there is no proper way to answer this.

can a doctor ask you to take a drug test based on their personal feelings.

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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A doctors personal feelings is called "the practice of medicine" and yes. If they suspect you are an addict or involvedin drug seeking behavior as a clinical judgment call - you can either agree (whcih shouldn't be a problem if your honest and truthful) or find another doctor that isn't as diligent  - though this suggests that you ARE an addict and thats rarely a proper move for health reasons. ... Read Answer
A doctors personal feelings is called "the practice of medicine" and yes. If they suspect you are an addict or involvedin drug seeking behavior as a... Read Answer

my husband has taken a precribe drug that has cause damage to him

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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This is a potential product liability issue that need to be examined immeidately. 
This is a potential product liability issue that need to be examined immeidately. 

Caud Equina Syndrome

Answered 9 years and 4 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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You will need to gather your medical records together and consult with an attorney directly. You may also need to retain an expert at your expense to review those records and determine whether there was malpractice vs. an unfortunate or known complication. You should have done this LONG ago and you are on the verge of having a Statute of Limitatons issue added to an alreeady complicated issue. ... Read Answer
You will need to gather your medical records together and consult with an attorney directly. You may also need to retain an expert at your expense to... Read Answer

EMS personnel responded to a 911 for my son. They did not get out of the truck for 5-7 min. Do I have a case against the dept. and the crew?

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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You will need to get the medical reports and the EMS dispatch information to determine what actually occurred. It is difficult to believe that a period of 5-7 minutes passed as they sat in the truck, as related, in a vacuum. To suggest that they were eating a meal on a cardiac emergency call starts as being simply preposterous. There are simpy waaayyy too many unaswered questions here to even venture a guess without having specific facts and details. ... Read Answer
You will need to get the medical reports and the EMS dispatch information to determine what actually occurred. It is difficult to believe that a... Read Answer

Uncle on hospice in hospital. He was disconnected from life support by staff / staff decision. Family was not consulted or notified first.

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Someone will need to get a complete copy of the medical records for the admission and hire an expert physician to determine what the records show happened. Many times there are signed DNR documents or authorizations by the patient that come into play. 
Someone will need to get a complete copy of the medical records for the admission and hire an expert physician to determine what the records show... Read Answer

I am on cumadin , my primary care doctor took me off of it for 5 days without a bridge a blow clot formed that kept me hospitalized for 35 days

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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When a patient has a complicated medical history involiving PE/DVT multiple "allergies" and medications, there are simply risks of complications or bad results at every juncture, most of which are NOT malpratice even though an often tragic result may occur. To see whether there is some "malpractice" in such a case you will need to retain a qualified expert physician, at some expense, to review your medical records and care, and to provide an expert opinion as to whether the treatment provided "was below the acceptable standards of care" or simply an unfortunate result or complication. IF the expert says there was malpractice- you would then discuss with the lawyer the financial value and potential damages associzted with such a case and what to do from there. ... Read Answer
When a patient has a complicated medical history involiving PE/DVT multiple "allergies" and medications, there are simply risks of complications or... Read Answer
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You can file a compaint with risk management or the Medcial Board. Its quite possible - depending on your dental condition this is not going to be paid for or not worth pursuing finaincially. 
You can file a compaint with risk management or the Medcial Board. Its quite possible - depending on your dental condition this is not going to be... Read Answer

Do I have a case

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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This will all revolve around the details of the medical condition and whether the results are acceptable or known complications as opposed to some negliegent "installation" of the mesh or reduction of the hernias. You need to gather your medical records and have them reviewed by a lawye ASAP. ... Read Answer
This will all revolve around the details of the medical condition and whether the results are acceptable or known complications as opposed to some... Read Answer

I need to know if I have a case against shans hospital

Answered 9 years and 5 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
If there is permanent injury then the claim may be worth obtaining the records and having reviewed but Shands is capped with sovereign immunity limits you need to find out the treatment needed and if any permanent harm then obtain the records  You can also report this to the florida Dept of health for investigation if serious permanent harm or consult a lawyer   ... Read Answer
If there is permanent injury then the claim may be worth obtaining the records and having reviewed but Shands is capped with sovereign immunity... Read Answer

Is a Drs misdiagnosis recommending that the patient purchase Asics running shoes when the patient actually had MRSA?

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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No damage worth purusing with a civil case though you can file a complaint with the medical board. Its quite possible that the diagnoisis was correct but that the blisters became infected also so you need to consider that so you don't unfairly accuse the doctor of some impropriety. 
No damage worth purusing with a civil case though you can file a complaint with the medical board. Its quite possible that the diagnoisis was correct... Read Answer

Can I sue the hospital for paralyzing my vocal cord when I was a baby?

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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SERIOUSLY? That ungrateful that they saved your life that 20 years later they should actually OWE YOU for doing so? That stated - the LEGAL answer starts a likely no - due to the application of the Statute of Limitations for a start. Though there are various exceptions to the SOL, your biggest hurdle will start with hiring an expert physician, typical for between $5,000.00-$10,000.00 to gathr and review your medical records and determine IF there was some malpractice that actually occured. Malpractice being something that no reasonable physician would have done leading to some otherwise unanticipated damages under similar circumstances. If you are committed to such a reiew and expense, then you need to retain a lawyer or on your own locate such an expert, pay them and see what the review says. ... Read Answer
SERIOUSLY? That ungrateful that they saved your life that 20 years later they should actually OWE YOU for doing so? That stated - the LEGAL answer... Read Answer

Do I have legal recourse for the death of my husband ?

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Not likely. IF there was a clinical indication that blood thinners were appropriate - the cause of this death was the fall in the shower. The injury was exacerbated by the blood thinners, by default and design, but not caused by them. This is a tragic result no doubt but you will need to have a medical opinion stating that he had no reason to be on a blood thinner which may be difficult if if he had PE/DVT or clot issues. ... Read Answer
Not likely. IF there was a clinical indication that blood thinners were appropriate - the cause of this death was the fall in the shower. The injury... Read Answer
This is a question of standard of care.  If the discharge leads to harm, worsening of the conditions and permanent injury or need for invasive surgeries, then it may well violate the standard of care.   As to their decision, that would not be unlawful based upon these facts of discharging you.  As to the doctor, not enough information.  ... Read Answer
This is a question of standard of care.  If the discharge leads to harm, worsening of the conditions and permanent injury or need for invasive... Read Answer
There wasn't a complete question here.  However, if you are concerned that the dentist was negligent, that may be possible by the facts.  However, if there is not a permanent injury, probably not one to proceed with civil malpractice claim.  Regardless, you will need to obtain another opinion that this dentist was negligent and complete the repair with I assume another dentist before you know the full extent of the situation.  While you may consult with a lawyer, they will need all the records and to probably have the procedure completed first.  ... Read Answer
There wasn't a complete question here.  However, if you are concerned that the dentist was negligent, that may be possible by the facts.... Read Answer

My husband had a knee replacement surgery in Nov. 2016, since the surgery he is in constant pain. He has had X-rays & a Mir which showed the

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Yes. You need to contact a lawyer about a medical malpractice evaluation ASAP. This may also entail you having to bear some expense to hire an expert to evaluate the situation if the issue is not clear and obvious malpractice from the records. DO NOT wait 1 year to see what hapenes before you talk to a lawyer. ... Read Answer
Yes. You need to contact a lawyer about a medical malpractice evaluation ASAP. This may also entail you having to bear some expense to hire an expert... Read Answer

Can a hospital employee be forced to take the flu shot even after getting a letter from her doctor?

Answered 9 years and 5 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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This simply sounds like somone who is desperately trying to find any way possible to create a controversy with the hospital over this issue. If the refusal based on some vague family member issue and then the MD letter doesn't work - then resort to a letter from ..your pastor? If it was an objection on "religious grounds" why was that not the FIRST point made? This is very suspicious as having some other motive or agenda behind all of this. That said, if you intend to pursue this issue - you may as well plan on getting fired and already make plans to have a lawyer you have hired at some expense in advance to represnt you and guide you through the process. Otherwise you are likely picking a fight that you will regret. That said the issue of "supicious stares" causes concern that this is not the result of a mental health issue driving this dispute. ... Read Answer
This simply sounds like somone who is desperately trying to find any way possible to create a controversy with the hospital over this issue. If the... Read Answer

Did my gynecologist's staff violate hippa?

Answered 9 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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As described likely no - assuming the letter was mailed to and designated for you. Here your mother intruded into your personal mail illegally and the statement described is fairly generic. Would be different for sure if it said "to occupant" and had you medical records referecning your HPV as opposed to "your past history"...which could be a multitude of things. As there is no private cause for money damages under HIPAA your remedy is to file a complaint with the DOH and they will invetsigate and possibly impose fines. BUT understand that you will be finding a new doctor to treat with for obvious reasons.... Read Answer
As described likely no - assuming the letter was mailed to and designated for you. Here your mother intruded into your personal mail illegally and... Read Answer

My mothers dr failed to diagnosis my mother in renal failure resulting in her death.

Answered 9 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Died 2 months later from renal failure will likely be the source of a great deal of controversy. If you are the PR hopefully you had an autopsy done and have gathered all of her medical records. You will then need to retain a lawyer and typically a medical expert to review the records and determine what the cause of death was and its relation to the care provided by the doctors at issue. ... Read Answer
Died 2 months later from renal failure will likely be the source of a great deal of controversy. If you are the PR hopefully you had an autopsy done... Read Answer

Is this malpractice?

Answered 9 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Not likely a year later.....obviously you have some significant dental issues with that tooth if there was a large filling at the time. I fyou have questions about wheher other fillings were done properly you need to start with a second opinion and go from there. 
Not likely a year later.....obviously you have some significant dental issues with that tooth if there was a large filling at the time. I fyou have... Read Answer

No treatment even tho she had comprehensive insurance.

Answered 9 years and 6 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
This is a case that should be reviewed, and answers obtained by a consulting medical expert.  you will need to set up an estate, and obtain the medical records, and have them reviewed by medical experts.  
This is a case that should be reviewed, and answers obtained by a consulting medical expert.  you will need to set up an estate, and obtain the... Read Answer

Had a toothach, dentist put a crown on a tooth with an abyss. Should I get a refund?

Answered 9 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Medical Malpractice
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Possibly. But you would have to prove that the tooth was abcessed PRIOR to prepping for the crown/temp crown. IF the abscess developed afterwards not likely. You can file a complaint with the dental board and see if they find some impropriety. 
Possibly. But you would have to prove that the tooth was abcessed PRIOR to prepping for the crown/temp crown. IF the abscess developed afterwards not... Read Answer

Gallbladder surgery gone bad bile duct cut into

Answered 9 years and 6 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
Unclear what your question is.  You said you had a lawyer.  Much more facts needed.  I suggest you make sure you have reviewed all with present lawyer but you are free to seek second opinion but first lawyer will have a lien unless they withdrew     
Unclear what your question is.  You said you had a lawyer.  Much more facts needed.  I suggest you make sure you have reviewed all... Read Answer