Florida Medical Malpractice Legal Questions

The question I along with all other attorneys will have is what injury and harm has occurred and have you treated with other phsycians subsequently to obtain diagnosis and any treatment which may reoslve the harm which has occured.  all this information is needed to determine if there is any negligence worth pursuing and if there is any harm that is permanent in nature.  ... Read Answer

We are sorry to hear of your brother's situation.  As medical malpractice attorneys help injured victims on a contingent fee basis, neither you nor your brother will have to come out of pocket for any attorney's fees or expenses to pursue a case.  We suggest you contact an experienced personal injury attorney to discuss the particular facts of your brother's case.... Read Answer

If your mom died, unless there is a surviving spouse, there is no claim that can be brought for medical negligence.  However, you can report the situation to the florida department of health and they will investigate.  If there is a surviving spouse or dependent child, but at age 78 unlikley, they consult a lawyer.  This should be looked into by the facts.  ... Read Answer

You only have 2 years from the date you knew or should have known of the medical negligence and at most 4 years from the date of the procedure.  From these facts, if not enough to determine if the sol has expired.  But, you would need to get all the medical records, and obtain a medical opinion that there was negligence.  This is a question for a medical expert, and thus if you have a case, depends on many factors and an expert opinion.  Seek advice of a lawyer.  ... Read Answer

If these facts can be proven, not just alleged, there would be a malpratice case here against the Chiropractor and the others involved. This of course assumes that there was no prior hip injuries or conditions that would complicate the issue. You need to retain a lawyer immediately to address this as med mal cases are very complicated and very very expensive to pursue. ... Read Answer

This will require a medical written opinion as to whether the result is malpractice or just unfortunate result. Typically civil lawsuits on anything less that irreparable catastrophic deformity is not financialy viable under the current medical malpractice environment in Florida. You will need to bring you records to a med mal lawyer and have them review to see what you have to work with. ... Read Answer

Sorry, but claims of poor treatment in a detox facility by an opiate addict simply have very very very little credibility and you already know why. Don't expect lawyers to be interested in such a case unless you are paying then an hourly rate/retainer and have at least some evidence to back the claims. ... Read Answer

Sorry, but at 16 y/o your opinion about your medical diagnosis simply doesn't matter and your parents, not you, should be addressing any such inquiries. (Unless you are Doogie Howser, of course). Equally important is that if you have a mental health condition or disorder, your perception of what is or is not proper is immediately called into question. By example, your statement that "all this was in my past and I have put it behind me now" ....at the age of 16........simply reinforces how unrealistic your viewpoint is. ... Read Answer

The answer is simple.....so far the only person "that knows what they did" is you and thats simply not enough. In a complicated medical case as you described, the primary issue for 99% of lawyers is financial. Why? When you (and collectively other Floridians) decided you hated ambulance chasing lawyers and loved insurance companies and bad doctors,and either voted for or did not oppose  a constitutional amendment making it harder for lawyers to get paid legal fees for thier work on medical malpratice cases. The result? By lowering fees to 10% but keeping investigative and trial costs at extraordinary levels (generally over $100k) medical malpractice lawyers generally wont take anything on less than a catastrophic multimillion dollar injury on a contingency fee. THAT is a problem that you won't solve filing a pro-se lawsuit BTW as you would be exposd to the same sanctions and complications as a lawyer would. That stated, if you intend to pursue a med mal case and lawyers "wont take it on" you may have to decide whether its worth you hiring a lawyer on an hourly rate and retainer basis, rather than a contingency fee basis. ... Read Answer

I suspect the issue here surrounds "pain management" issues. There is no "abandonment" when you have the ability to get care elsewhere. NOW, if you can't get people to keep doling out opiates or other pain meds, thats not the same as can't find a doctor anywhere, as there are hundreds of qualified medciare/medicaid doctors available. ... Read Answer

If this as a product liability claim it will all depend upon what the details of the first case revolved around. That you are are half paralyzed only supports that you may have significant damages but there are often debates as to who caused those damages and who actually can afford to pay for them or the expense and effort to do so. If the first lawyer wont tell you WHY they wont look to the doctor for contribution, then you can take some of your settlement money if needed to retain a lawyer to look at that angle or provide you a second opinion. ... Read Answer