Florida Medical Malpractice Legal Questions

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474 legal 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 11
Do you have any Florida Medical Malpractice questions page 11 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

need lawyer asap

Answered 9 years and 3 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

My brother had an accident I have no parents what do I do

Answered 9 years and 4 months ago by Mr. Joseph Isaac Lipsky (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Medical Malpractice
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 More
We are sorry to hear of your brother's situation.  As medical malpractice attorneys help injured victims on a contingent fee basis, neither you... Read More

Medical errors

Answered 9 years and 4 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

Urology issue

Answered 9 years and 4 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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.... Read More
You will need to find a lawyer that specializes in medical malpractice, likely need substantial or near catastrophic damages and someone familiar with the Federal Tort Claims Act and VA claims. 
You will need to find a lawyer that specializes in medical malpractice, likely need substantial or near catastrophic damages and someone familiar... Read More
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 More
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... Read More
You can file a complaint with thedepartment of health. Other than that, unless you are willing to spend a great deal of money outof pocket taking on this issue, thats about it. 
You can file a complaint with thedepartment of health. Other than that, unless you are willing to spend a great deal of money outof pocket taking on... Read More
If you can prove it wasn't you, yes. Should be easy enough to show you were somewhere else at the time and have no evidence of the surgery procedure. 
If you can prove it wasn't you, yes. Should be easy enough to show you were somewhere else at the time and have no evidence of the surgery... Read More

Can I sue a doctor that lied about my MRI cd?

Answered 9 years and 4 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not on the facts presented as there are no damages actually suffered. Saying you don't need surgery is not the same as there is nothing wrong with you. 
Not on the facts presented as there are no damages actually suffered. Saying you don't need surgery is not the same as there is nothing... Read More

How to start a dental malpractice suit?

Answered 9 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not worth pursuing as a civil case unless there are catastriphic damages as the costs alone will waaaayyyy overshadow any award you seek. 
Not worth pursuing as a civil case unless there are catastriphic damages as the costs alone will waaaayyyy overshadow any award you seek. 
Unless you can show that the injections caused the cancer at issue, andthat the physician was negligent in some regard recommendin the injections, .....no. 
Unless you can show that the injections caused the cancer at issue, andthat the physician was negligent in some regard recommendin the injections,... Read More
In a vacuum.......no. 
In a vacuum.......no. 
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 More
This will require a medical written opinion as to whether the result is malpractice or just unfortunate result. Typically civil lawsuits on anything... Read More
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 More
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.... Read More
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 More
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... Read More

Need medical malpractice lawyer

Answered 9 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More

Do I have a case with my dermatologist?

Answered 9 years and 6 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This may be a medcial malpractice case. You will simply need to consult with and retain a medical malpractice lawyer. 
This may be a medcial malpractice case. You will simply need to consult with and retain a medical malpractice lawyer. 

medical abandonment

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
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 More
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... Read More
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 More
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... Read More
Well you would likely have to retain a lawyer at an hourly rate and retainer to review the records and situation first and go from there. 
Well you would likely have to retain a lawyer at an hourly rate and retainer to review the records and situation first and go from there. 

I had a sponge left in me from a hernia surgery 2011 can i still sue?

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
You will have statute of limitations problems, but possibly. YOu will need to run this past a lawyer directly to review all the facts. 
You will have statute of limitations problems, but possibly. YOu will need to run this past a lawyer directly to review all the facts. 

do you handle this type of case

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Its quite possible that you do as a patient. Alienation of affection is not recognized in Florida, though you might have damages as a patient for the impact this has on you. YOu should contact a lawyer immediately to review this. 
Its quite possible that you do as a patient. Alienation of affection is not recognized in Florida, though you might have damages as a patient for the... Read More

Can I sell my Medical Malpractice lawsuit?

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No. Legal cases for injury are not bought nor sold and have zero value to others as they are personal to you. 
No. Legal cases for injury are not bought nor sold and have zero value to others as they are personal to you. 
Possibly if you could prove the statements were made
Possibly if you could prove the statements were made
Youll need a Colorado lawyer. 
Youll need a Colorado lawyer.