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 18
Do you have any Florida Medical Malpractice questions page 18 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

Promissory note

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Your question makes no sense as phrased. Generally, any signed agreement can be enforced however.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.
Your question makes no sense as phrased. Generally, any signed agreement can be enforced however.  If you have questions or would like to... Read More

do i have a case?

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Sadly under the current medical malpractice environment, no. Not enough damages. Thank the boneheads that voted for the recent amendments to the med mal arena as they effectively decided that people in your situation are "taking one for the team".
Sadly under the current medical malpractice environment, no. Not enough damages. Thank the boneheads that voted for the recent amendments to the med... Read More

my husband had a tooth pulled

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Sorry to hear that. What was the cause of death and was there an autopsy? That is criticial in deciding what to do.
Sorry to hear that. What was the cause of death and was there an autopsy? That is criticial in deciding what to do.

I HAD CERVICAL FUSION AND THEY LEFT SOMETHING IN MY THROAT CAN SEE ON X-RAY CAN'T BREATHE RIGHT

Answered 11 years and 11 months ago by Mr. John Michael Phillips (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Medical Malpractice
Contact a lawyer.  We'd be happy to dicuss this with you - help@knowthelawyer.com or 800-656-6952. There are a lot of factors, recoveries and the story to be told that determines liability and value. Also, insurance companies will determine whether it is a person "making their own case," a mill's form letter or a detailed demand package that is the determining factor of an offer. And then is that offer suitable? Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. And their lawyers are, respectfully, good at getting one over on novice lawyers and novice victims- you would be basically both. For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law REQUIRED knowledge about medical science and biomechanics (the forces on a body in a wreck) far greater and more specific than you'd think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.   Call a lawyer. We are happy to answer any questions you have. ... Read More
Contact a lawyer.  We'd be happy to dicuss this with you - help@knowthelawyer.com or 800-656-6952. There are a lot of factors, recoveries and... Read More
No. This would be both an ethical and HIPAA violation. Unortunately HIPAA has no inherent civil right of enforcement but you can file complaint with Florida Department of Health and the Federal agency. They may sanction or discipline the doctor. You might have a civil lawsuit but would either have to have catastrophic harm from the disclsoure or be willing to pay for the lawyer to pursue the claim. We do offer FREE consultations to see if we can help. Just call 1-800-922-6442.... Read More
No. This would be both an ethical and HIPAA violation. Unortunately HIPAA has no inherent civil right of enforcement but you can file complaint with... Read More

death from combined prescribed pills

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Its possible. The PR from his estate should contact legal counsel ASAP to address this.
Its possible. The PR from his estate should contact legal counsel ASAP to address this.

Can you file a law suit for over prescribing pain meds

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Yes. Its possible, but a very difficult case. He would have to contact legal counsel immediately to discuss.
Yes. Its possible, but a very difficult case. He would have to contact legal counsel immediately to discuss.
This is the start of a med mal case, where a doctor tells you a prior doctor did some bad work. You need to act quickly and retain an attorney ASAP. If you have questions about how we can help, you can always call our office to arrange for a FREE conference at 1-800-922-6442.
This is the start of a med mal case, where a doctor tells you a prior doctor did some bad work. You need to act quickly and retain an attorney ASAP.... Read More

Grounds for suspension?

Answered 12 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
I would venture the issue is the employee who allowed the patient to take home in the first place. It makes no sense to punish another person who caught the mistake, unless it was handled improperly.
I would venture the issue is the employee who allowed the patient to take home in the first place. It makes no sense to punish another person who... Read More
Not likely. Its most likely barred by the statute of limitations if it occurred herein Florida.
Not likely. Its most likely barred by the statute of limitations if it occurred herein Florida.
Any complications you suffered in hospital, even malpractice canand should be handled from your auto accident case if at all possible. As to med mal type case, complications dont = malpractice so you'd have to have more to show medical negligence. You can call our office 1-800-922-6442 for FREE consultation on this issue if you would like.... Read More
Any complications you suffered in hospital, even malpractice canand should be handled from your auto accident case if at all possible. As to med mal... Read More
Well, this would require 2 things, a proper power of attorney type document and the lawyers willingness to honor it. Typically, in complex or expensive litigation, lawyers aren't fond of well meaning family members "stepping in" as it often creates more controversy and complexity. For example, you can't testify at trial for them, appear in thier stead at deposition, or provide lifestyle impact or daily suffering information, etc. for your parents. If your parents are incapacitated, it may be better to have a guardian ad litem appointed, who may minimize some of those complications.... Read More
Well, this would require 2 things, a proper power of attorney type document and the lawyers willingness to honor it. Typically, in complex or... Read More
Typically, yes. It is CRITICAL to hire a lawyer ASAP to address this issue. If you would like, we do offer FREE consultations to assist in determing how we can help. Just call 1-800-922-6442.
Typically, yes. It is CRITICAL to hire a lawyer ASAP to address this issue. If you would like, we do offer FREE consultations to assist in determing... Read More

Do I have a clinical negligence case

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Having dealt with similar issues personally, understand your anger and frustration. The starting point for a medical malpractice case however is to obtain a written opinion from a doctor explaining that medical negilgence occurred,what it was and the damages it caused. This may be difficult to do,absent hiring an expert and signficant expense, as infection cases are very very complicated and bad results are not necessarily malpractice.... Read More
Having dealt with similar issues personally, understand your anger and frustration. The starting point for a medical malpractice case however is to... Read More

do i have a case

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not unless the doctors in writing specifically link the event you describe to the tear at issue. Even then it may be very difficult to pursue financially as the damages may not be enough to warrant the legal expenses investigating the issue.If you would like to discuss retaining an attorney to help up you, we do offer FREE in office consultations at 1-800-922-6442.... Read More
Not unless the doctors in writing specifically link the event you describe to the tear at issue. Even then it may be very difficult to pursue... Read More

Can I sue the hospital?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not likely as you stated you have had HPV for a long time so its unlikely a 3week extra delay in diagnoses would matter, unless doctors state otherwise.
Not likely as you stated you have had HPV for a long time so its unlikely a 3week extra delay in diagnoses would matter, unless doctors state... Read More

Can a medical clinic require patients to NOT write a negative review?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Its a really good question. There is a similar case in front of the US Supreme Court if I recall regarding non-disparagement agreements like this. For doctors, the bigger issue is this ethical. I would contact the proper licensure board or file a complaint and see what they say.
Its a really good question. There is a similar case in front of the US Supreme Court if I recall regarding non-disparagement agreements like this.... Read More

Do I have a case?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No offense, but if your not paying for the surgery out of YOUR pocket, you may not have lots of choices when its getting paid for by the government. Not sure what you mean by "return to prison" by I assuming they meant temporarily.
No offense, but if your not paying for the surgery out of YOUR pocket, you may not have lots of choices when its getting paid for by the government.... Read More

Legal help to obain/correct medical records

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Getting records will be easier than having them altered. In both instances, however, you will likely need to retain an attorney at an hourly rate/retainer. If you are looking to hire a lawyer you can call our office at 813-877-6442 to arrange for a FREE in office consultation. 
Getting records will be easier than having them altered. In both instances, however, you will likely need to retain an attorney at an hourly... Read More
Possibly, but its not sounding promising if all the other doctors agreed  and "second opinion" did surgery. There is likely more to this than related here.
Possibly, but its not sounding promising if all the other doctors agreed  and "second opinion" did surgery. There is likely more to this than... Read More

What family members can file a medical malpractice suit in Florida?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not entirely true. Why is it that your mother cant sue on her own behalf. ?
Not entirely true. Why is it that your mother cant sue on her own behalf. ?

do I have a case or not

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not unless you get a doctor to testify that your symptoms are from the medicine directly.
Not unless you get a doctor to testify that your symptoms are from the medicine directly.

Do we have a case? Where should we start?

Answered 12 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There may well be a medical malpractice case here. The key is to get a lawyer involved on this ASAP. Also, if shepasses on, god forbid, it will be critical to get an autopsy to show the exact cause of death, because it sounds like she had a lot of complications. You can call us at 1-800-922-6442 if you need help on this. ... Read More
There may well be a medical malpractice case here. The key is to get a lawyer involved on this ASAP. Also, if shepasses on, god forbid, it will be... Read More
Not really. To many variables for liability and damages. No real means for attorney's fees outside of damages as HIPAA does not provide private right of suit.
Not really. To many variables for liability and damages. No real means for attorney's fees outside of damages as HIPAA does not provide private right... Read More
Possibly. It depends on the legal issues related to the event. Just because you have a bad result does NOTequal malpractice. You really should have a doctor address this with you, first.
Possibly. It depends on the legal issues related to the event. Just because you have a bad result does NOTequal malpractice. You really should have a... Read More