Florida Medical Malpractice Legal Questions

You were flagged as being there for drug seeking behavior likely based upon your presentation, history or the statewide drug database information.Typically, the story about an INR venous draw to explain needle sticks in your arm (track marks)  is red flag as that typically only happens in a lab environment with point of care testing being done with a finger prick test. If you are having seizures, you need to address this with your primary care physician. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More

I am confused as to how he could have the procedure done several weeks ago and doctor never told him other than see you in a year for check up. I would suggest you get a complete copy of his chart from the doctor and get a second opnion about this. You should also consult with a medical malpractice lawyer in your area to address this issue specifically. If you have any questions or concerns, please feel free to contact our office at 813-877-6442 for a FREE consultation. ... Read More

As this just happened, you will want to speak to your treating doctor about this and see what they say REALLY is happening. Do NOT rely on offhand comments or conjecture on issues like this. If there really was a needle left inside you for some reason, THEN contact a lawyer to discuss some options at that point.... Read More

The value of a malpractice case, if it exists, is the permanent nature of injury. It soulds like the 2nd dentist was able to fix the problem and remedy the issues. Without long lasting problems, the horror of the moment will not justify a malpractice claim. If there are more details not in your fact pattern, you need to get all medical records together and seek advice from a competent malpractice attorney. The 2nd dentist will be asked to support the claim as to the negligence of the first, if he wont the claim will be more difficult as well. You will need to find a third dentist to support the allegations of negligence.... Read More

In order to support a malpractice claim a physician would need to state that the original treatment was improper and caused you to have long lasting problems. Seek some advice from a competent malpractice attorney. Your statute of limitations is 2 years and that means means it runs in February 2015, which is a very small window to get an review all medical records. Nearly having your foot amputated is not a measure of damage. The damages are the actual problems you suffer from due to the negligence of the original physician.... Read More

I truly understand the difficulty for you in addressing this. As there are very short (2 year) statutes of limitation in such cases, however, its critical to movepast the emotion and deal with the legal issues directly. As such, it will ebe critical that you obtain a written opinion from a physician indicating that some malpractice occurred. As an alternative, you at least need to gather up ALL of the medical records for your preganacy up through the passing ofthe child to allow a lawyer or medical expert you retain to evaluate the objective medical documentation. ... Read More

Its not likely viable to file a suit, though you may have the legal right. You would first want to start off with a claim to the hospital about the incident, and see if they would offer you some settlement for damages. This of course would revolve around the severity of the cut you sustained. ... Read More

For more information on HIPAA violations, visit:  http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.  There you will find information about violations, how to handle them and filing complaints.  NOTE:  This response is general in nature and should not be considered legal advice.  No attorney client relationship exists or is formed by this response. ... Read More

Typically, yes. Since the condition didnt actually manifest, you would probably need to make a complaint to the hospital and to the regulatory board for the doctor who failed to advise you. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More

Possibly. You will need to consult with a lawyer in your area ASAP to adress this issue as medical practice cases are very complicated and very short time frames. Adding in the VA and various issues regarding Federal law only add to this. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.... Read More

I have no idea whether you have a viable malpractice case because you didn't provide enough information about the complications your father has been experiencing. Nevertheless, if you want to hire an attorney to investigate a case you're going to have to hire someone in Tennessee. Attorneys 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.  If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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 More

It is hard to tell you whether you have a medical malpractice case. First, bones can fail to heal in the absence of negligence. Second, to investigate an orthopedic malpractice case, an attorney has to have an expert look at all the pertinent x-rays. Obviously, if you did not expect to undergo repeat surgeries then you have reason to be suspicious.  Finally, if you are still treating you don't know what the outcome from all of this will be. If you don't have permanent problems as a result of the delay in treatment, there will be a question about whether the case is financially viable. Articles below explain this in more detail.' 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 More