Florida Medical Malpractice Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More