Florida Medical Malpractice Legal Questions

It sounds like you may have a viable malpractice case because complaints of visual problems, memory loss and severe headaches should cause a stroke to be in a doctor's differential diagnosis. The question in the case will be how different the outcome would have been if you were timely diagnosed.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

Not inherently, as there are many complications associated with such complex surgeries. You would need to start with a written statement from a doctor that negligence occured, what it was and what the damages are. This needs to be done immediately as medical malpractice cases have very short statutes of limitation, typically only 2 years from the date of the event. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read Answer

Its possible. However, these type of issues are very expensive to pay for lawyers to litigate and also are hotly defended by doctors. They are also very intrusive as ALL of your medical care and drug usage will be on the table to be examined. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read Answer

Typically, there is no general legal right to have a private doctor treat you at all. Obviously, if you are disatisfied with his or her services, you are as free to express this as the doctor is to be offended by it and decide not to have you as a patient. The only practical exception to this would be in an emergency or if you are immediate distress, and that does not appear to be the case from the facts provided. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read Answer

No wat to tell from the contents of your question. There is no question that the result was tragic and I am sorry to hear that you are forced now go through such inquiries. The only way to know is to retain a lawyer and a medical expert to review the records and figure out what the issues were that were referenced in the letter you mentioned. This needs to be ASAP, an frankly should have been done already to minmize any "damage control" aka record alteration and story straightening by the Risk Management Department. There are very short statutes of limitation, typically 2 years from the date of  negligent event in whcih suit has to be filed, so you cant let them take advantage of your grief. If you have further questions, feel free to contact us at 1-800-922-6442 for a FREE consultation.... Read Answer

Not on those facts, no. You will needto have a written report from a medical doctor that has reviewed her records and examined her to determine if medical malpractice occured and what it would be. If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read Answer

I would suggest that you consult with a lawyer ASAP about this issue. You will also need to get a second opinion as to WHY the osteomylitis occured and whether the infection was associated with pre-exsiting issues related to your HIV. If you have further questions, please feel free to contact our office at 1-800-922-6442 to schedule a FREE consultation.... Read Answer

You have no case. Your father might, but no way to tell on the facts provided. Your father should contact an attorney near you to discuss whether a medical malpractice case may exist. Typically, the starting point is someone getting a written medical opinion that the doctor malpracticed, what the malpractice was, and what the damages actually were. If you have further questions, please feel free to contact our office at 1-800-922-6442to schedule a FREE consultation.... Read Answer

There is likely no malpractice claim described, unless there is evidence that he caused the added fractures by misdiagnosis or some significant harm. It does sound like you may have a complaint to the board medicine and Medicare for medicare fraud and you should report both ASAP. If you have questions, you can always call our office for a FREE consultation. 1-800-922-6442.... Read Answer

The next day. The typical reason for delay would be to allow damages to crystalize. If you mean the statute of limitations, that much more complicated, but it revolves around a two (2) year period. If you have questions, you can always call our office for a FREE consultation. 1-800-922-6442.... Read Answer

There needs to be a clear and direct link to the kidney failure because of the contrast OD diagnosed in writing by a physician. Simply because there was a kidney failure and and OD of contrast material does not inherently mean they one cause the other. You can contact our office at 1-800-922-6442 for a FREE consultation if you have additional questions.... Read Answer

Most likely not one that would be handled on a contingent fee, where the lawyer bears the expenses and gets paid if he wins. Cosmetic surgery issues focused on aestheics are very very very complicated unless they are catastrophic. YOu may have to hire a lawyer at an hourly rate retainer to pursue such a claim. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read Answer

Question makes no sense, as you cant have a promissory note split undetermined money between people. You should talk to a lawyer about your agreement if you have concerns about its enforceability. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442. ... Read Answer

"Very good reason to believe" is simply inadequate for a medical malpractice case. What is required is the expert medical opinion of a physician, in writing, setting out that malpractice occured, what it was, and what the damages were. It is also important that an autopsy be performed to have a clear diagnosis of the cause of death. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.... Read Answer

Possibly. It all depends on the agreement, though it sounds dubious that one could have a promissory note for 1/2 of an unknown settlement amount. Especially when the wrongful death act specifically addresses what claims are viable and who gets to claim what. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.... Read Answer