Florida Medical Malpractice Legal Questions

The consent form that you signed probably listed damage to organs as a risk of the procedure you had.  However, just listing it there doesn't mean that you received care that meets the appropriate standard.  In addition, if you had symptoms and signs of the damage and they were not acted on by a physician appropriately you may have a cause of action for the delay in treatment if you have sustained permanent damages.  You will need to gather your records and take them to a local lawyer or let a lawyer gather them for you.... Read More

First, let me say that I am very sorry for your loss.  And because this is so recent for you, please know that I do not intend in any way to minimize your loss.  Ultimately you would be looking to bring a wrongful death claim.  In order to do this, the representative of the estate will need to show that the failure to further investigate and treat your mom back in 2014 time frame contributed substantially to causing her passing.  This means that you likely need an autopsy to prove what the medical cause of her passing was.  Without this type of information the defense can suggest any number of factors because it is the claimants burden to prove.  In addition, causation experts will be needed to prove that had the care been given earlier that the outcome could have been prevented, (making the autopsy more important).   I hope that this information helps.  ... Read More

While I understand that you should not have incurred additional healthcare costs, ultimately It sounds like you may fully recover.  IF this happens, (and I hope that it does), you would likely spend more on the cost of expert witnesses than could be recovered.  On the other hand, if you discover that you are left with permanent deficits you should contact a local lawyer to evaluate your claim.... Read More

The reason noone has likely naswered the question simply its to complicated to answer. As a general rule, elective (non-emergency) surgeries are not required to be provided by healthcare facilities. Other than that, you will likely have to actually hire a lawyer at some significant expense to provide a detailed answer, or you can speak to a social secuirty disability lawyer to see if they can help you with challenging medicare eligiability.... Read More

Hard to imagine a health tooth being eliminated to put in a crown unless there is some detail which is missing from this fact pattern. How did it take until the next morning for you to learn about what had occurred? I suspect there are missing facts. the removal of a healthy tooth could, in fact, support a malpractice claim.... Read More

Impossible to really answer this without more facts. The fact that you had the occurrence is not, in and of itself, malpractice. The question is did the dentist do something wrong or fail to do something which should have been done which caused the problems. the second phase is whethere there is a permanent injury. You need to have th oral surgeon treat you now and than you can determine if there is a viable claim if there is a permanent injury. The pain and suffering alone will not support a claim.... Read More

Not on the facts presented. The biggest difficulty in such a case would be the issue that your daughter may be deeply disturbed unlreated to any of the issues you decribe as evidencedby the suicide attempt. "That there are many more problems because of this" is something that would be a highly controverted and exceptionally expensive issue, and there is no suggestion that the millions of dollars in damages necessary to justify that expense exists.... Read More

You may have a case worth pursuing. It depends, however, on a few additional facts. How long had the doctor been treating your mother? Did the hospital give a reason or identify a cause for her death? Was she receiving any other type of medication? If you can, please email me so we can discuss further: aric@aricwilliamslaw.com.       ... Read More

Generally speaking that is the law. There are significant limitations and medical malpractice cases for survivors who are neither and minor were not a surviving spouse. Unfortunately the legislature has carved out many exceptions in medical malpractice cases to protect healthcare providers.... Read More

The concept is that medical malpractice is a foreseeable consequence of the initial injury, and therefore all damages should be collectible from the homeowner's insurance policy. The only reason you would sue the medical providers was if the insurance coverage under the homeowner's policy is inadequate. That is definitely a concern with an amputation. I would raise the issue of whether there is adequate coverage under the homeowner's policy with your lawyer. 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. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 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 More