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 12
Do you have any Florida Medical Malpractice questions page 12 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

can i sue for 5 yrs of menal anguish

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not likely. It is very difficult to bring claims of emotional or psychological damage by a patient who already suffers from such things unless there are extreme circumstances. I suspect you will not get far with claims of such harm from a single session with no other care for a period of 5 years. ... Read More
Not likely. It is very difficult to bring claims of emotional or psychological damage by a patient who already suffers from such things unless there... Read More
No. It is illegal for them to hold your records captive. This may be a vioation of the collections paractices act to do so. YOu can call our office at 1-800-922-6442 to discuss how to retain us to help. 
No. It is illegal for them to hold your records captive. This may be a vioation of the collections paractices act to do so. YOu can call our office... Read More

will like to know the Legal topic of my case if any?

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There are simply toooo many issues here to address in a blurb and you will need to have this all reviewedby a lawyer from a variety of angles. I suspect quite candidly, that this is an issue where most people are going to question your using tramadol as some form excuse ot escape responsbility for somethings that you did or said in an already troubled marriage. ... Read More
There are simply toooo many issues here to address in a blurb and you will need to have this all reviewedby a lawyer from a variety of angles. I... Read More
You will need to retain a lawyer to review what is actually happening here as your medical description makes no sense. That anyone would lance part of you body with an unsterilized pin is beyond disconcerting so that is reason enough to seek care elsewhere in the meantime. 
You will need to retain a lawyer to review what is actually happening here as your medical description makes no sense. That anyone would lance part... Read More
ask to go to the infirmary and have them look at it and go from there. You dont seek out medical attention for 2 months, it is what it is. 
ask to go to the infirmary and have them look at it and go from there. You dont seek out medical attention for 2 months, it is what it is. 

Is negligence malpractice?

Answered 9 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Sad to say uner these facts not likely a finaincinally viable med-mal claim simply because the damages are not likely there. Unless it was some speicific form of cancer that metatasizes in 2 weeks or could be controlled in such a period to have a significant life extension is it likely this was a long standing process. If you wanted to spend the money hiring experts and a med-mal lawyer to review the information, some people do to simply have the solacing of knowing for sure, you can do so as you like. ... Read More
Sad to say uner these facts not likely a finaincinally viable med-mal claim simply because the damages are not likely there. Unless it was some... Read More
They may not have been as direct and effective as they should have been but unless you had additional permanent problems as a result there is no claim to pursue. Hope you are feeling better. 
They may not have been as direct and effective as they should have been but unless you had additional permanent problems as a result there is no... Read More

Will i be able to sue my mom's doctor for a wrong diagnosis?

Answered 9 years and 8 months ago by attorney Barry A. Stein   |   1 Answer   |  Legal Topics: Medical Malpractice
If the failure to diagnose allowed the cancer to spread and cause death AND there is a surviving spouse there may be a claim. Seek help from a malpractice attorney. 
If the failure to diagnose allowed the cancer to spread and cause death AND there is a surviving spouse there may be a claim. Seek help from a... Read More
First we need to get your language straight to help lawyers understand. When you say "my baby" with hydrocephalus we all think a newborn child. When you add in a child of age that can speak, everything changes dramatically. That stated this will all depend on your child medical history and condition. You will need to hire an expert to review the medical records to see what if anything improper occured. All I can get from your facts are that your child has migraines and didnt get a flu shot and has strep, none of which equates to malpractice. ... Read More
First we need to get your language straight to help lawyers understand. When you say "my baby" with hydrocephalus we all think a newborn child. When... Read More

Should I sue the hospital I attended for negligence ?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not hearing anything so far other that you were and they struggled to determine what the cause was. 
Not hearing anything so far other that you were and they struggled to determine what the cause was. 
This is a complicated medical case and this will revolve around having a medical expert review the records to see whether some malpractice occured or not. Just because your father has a bone infection after having toes removed does not make it th doctors fault, especially if he is a on-compliant diabetic patient. ... Read More
This is a complicated medical case and this will revolve around having a medical expert review the records to see whether some malpractice occured or... Read More

Can I be compensated because of a tubal ligation failure?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
To the contrary for what you were "told" there is a high likelihood you signed numerous disclosures that tibal ligation is NOT 100% prevention preganacy and it is the reversability of this procedure that causes this as opposed to hysterctomy or removal or the ovaries. 
To the contrary for what you were "told" there is a high likelihood you signed numerous disclosures that tibal ligation is NOT 100% prevention... Read More
Possibly. You will need to retain a lawyer to review your situation and possibly a medical expert to determine what happened. 
Possibly. You will need to retain a lawyer to review your situation and possibly a medical expert to determine what happened. 

can I retain a lawyer for medical issues ?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Certainly. But in the facts presented you will likely be retaining a lawyer on an hourly rate and retainer not a contingent fee. 
Certainly. But in the facts presented you will likely be retaining a lawyer on an hourly rate and retainer not a contingent fee. 
This sounds more like disgruntled patient than medical malpractice. If you don't like your physician find a new one you do. 
This sounds more like disgruntled patient than medical malpractice. If you don't like your physician find a new one you do. 

Scarred burns during surgery.

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There is simply no way to answer this question without a comprehensive review of the medical records and detail regarding the allegedly faulty equipment. 
There is simply no way to answer this question without a comprehensive review of the medical records and detail regarding the allegedly faulty... Read More
I have little doubt noone TOLD you to fly commercially as opposed to you chose to do so, in an effert to return home. The answer is generally, no, there is no case here under the facts presented. 
I have little doubt noone TOLD you to fly commercially as opposed to you chose to do so, in an effert to return home. The answer is generally, no,... Read More
This description simply has loads of complications that simply need to be reviewed by a competent medical expert and a lawyer. 
This description simply has loads of complications that simply need to be reviewed by a competent medical expert and a lawyer. 
Well, this will revolve around what was actually disclosed and whre the funds went. This sounds like the funds from one case were used to fund the med mal case. In either event though, the lawyer still has to account for the funds and where they went and for what.
Well, this will revolve around what was actually disclosed and whre the funds went. This sounds like the funds from one case were used to fund the... Read More
Um.......yeah. Not likely, as that version of fact is simply not credible and there are dozens of other things you could have done to get an appointment scheduled. Get into your doctor or as need be an ER to have you leg examined before you get an infection. 
Um.......yeah. Not likely, as that version of fact is simply not credible and there are dozens of other things you could have done to get an... Read More
Strike 4 - No. If you were that intoxicated that you ended up in the hopsital and don't know why or how, there are some SERIOUS lifestyle and decison making issues on your part to address. Strike 5- if your "freind" was concerned about you being date raped or even simply overdosed or ill, they should have followed you to the hospital, notified your family or done something to make sure other know what happened and you were safe. This starts as simply effort to blamelay others for your intoxication, I suspect in part to try to avoid the likely large hospital bill incurred by trying to blame them. As a 24 year old, and not a 12 year old, you need to grow up a bit and start making better choices and take responsibility for your actions. If you want to drink and party that hard its your right but also your responsibility. ... Read More
Strike 4 - No. If you were that intoxicated that you ended up in the hopsital and don't know why or how, there are some SERIOUS lifestyle and decison... Read More

Heart transplant

Answered 9 years and 11 months ago by attorney Barry A. Stein   |   1 Answer   |  Legal Topics: Medical Malpractice
Sorry for the stressors you have had. What you describe is not likely a medical malpractice claim that will generate any positive result. i am sorry for the lost time. best to you both.
Sorry for the stressors you have had. What you describe is not likely a medical malpractice claim that will generate any positive result. i am sorry... Read More
As a general rule, no. Now if you ask, they could have responsibilty if you proved they lied when asked and this had some impact on your situation.
As a general rule, no. Now if you ask, they could have responsibilty if you proved they lied when asked and this had some impact on your situation.

Can I sue?

Answered 9 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not likely. Moreover, I have no doubt that there is much much more to this story, including why the PA wanted you to take a pee test, which assume was for a drug screening.
Not likely. Moreover, I have no doubt that there is much much more to this story, including why the PA wanted you to take a pee test, which assume... Read More

Can a doctor prescribe antibiotic to a minor with no visit?

Answered 9 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This just SCREAMS of family law squabble and manipulation. The answer is typically YES, and they can be refilled without visits also. Bigger issue is this is not a malpractice question, since there is no harm even alleged, but simply a retaliatory action and these should NEVER be pursued absent direct involvement and guidance by a retained family law attorney. ... Read More
This just SCREAMS of family law squabble and manipulation. The answer is typically YES, and they can be refilled without visits also. Bigger issue is... Read More