Florida Medical Malpractice Legal Questions

Unless this is an issue you want to spend money on out of pocket to make a political point or controversy, there are no damages described here to warrant a "medical malpractice" claim over a 4 hour period of time. You can file a complaint with the Department of Health for disciplinary reasons but thee are no real money damages here. ... Read More

Cmon now - you lost all those things from the heart attack itself not some  failure of a physician to magically anticipate a heart attack 2 days later and more than its your own fault you waited all week to seek care. Before you even make such a claim, you will need to have a cardiologist state in writing that the heart attack should have been diagnised and would been prevented. Otherwise this is just unforunate circumstance. ... Read More

This sounds like a good start to a med mal case. The key is securing a written opinion from a qualfied surgeon that testifies that cutting the vagus nerve is malpractice as opposed to an acceptable complication. You need to gather ALL you medical records and see if a lawyer will take the case and pay to have it reviewed by an expert. If not, you will likely need to do so and then amed with a written opinion from an expert establishing medical malpractice seek out a lawyer to pursue the claim. ... Read More

Possibility yes but not inherently. You will need to consult with a local malpractice lawyer and will need to retain a medical expert at some expense to make such a determination. Generally and unsuccessful srugery alone is NOT malpractice and the incoveneince of additional rehab is not suffiicent damages for most lawyers to undertake a medical malpractice case. There generally needs to be some catastrophic injury. ... Read More

I can assure you that there is no "fear" in suing the hospital OTHER than the fear of financial loss or impact to a law firm if you are looking for a contingent fee case, where the lawyer does all the work and foots all the bills only to be paid if and when they "win". If you mother was elderly, these are extremely difficult cases due to finanical limitations in the wrongful death and medical malpractice statutes. That stated, if you are intent on "having your day in court" and "seeking justice" the most likely scenario for that to occur under the facts presented will be for the family to fund a legal action or inquiry by personal representative of her estate. This will be an expensive endeavor so plan on committing $10-20,000.00 up front as a retainer for legal fees and costs. ... Read More

No more than it would be for you to not realize you have a large tampon there in your hygene regimen. There simply are no damages you described hear that support a medical malpractice claim. You can make a complaint with the ultrasound tech facility but don't expect any legal case or settlement money. ... Read More

Not inherently no. You were there for a mental health evaluation under some serious allegations associated with Baker Act criteria. Unfortunately, your credibility is not going to be very good in relation to the factual issues, and the clinical issues are in large part addressed by the medical/psychiatric staff within the Baker Act procedures. Unless you have lots of money to invest on a investigation to examine whether there were some documentable improprieties, this simply won't go very far absent some other compelling facts.... Read More

Possibly a case. All will depend on the long term results of the surgery and whether there is some indication of negligence. You will need to gather your medical records and bring them to a lawyer ASAP for review. You may also need to hire a medical expert to address whether there was negligence vs. an expected complication. ... Read More

Generally, yes - its a clinical decision. As you know "pain management" through pharmacotherapy is HUGE controversy especially when opiates are involved you have a 5yr+ regimen of pain medication. This is an issue you should be FIRST discussing with your treating physician. That it seems you opted to seek "legal" advice first, is disconcerting as it suggests you are more concerned with arbitrarily keeping the pain meds flowing, by confrontation if needed,  rather than discussing your concerns with your doctor and addressing the issue. ... Read More

As this has the backdrop of complaints about "giving you something for your pain" in the ER, before ANYTHING is done you will need to hire a lawyer at some expense to review medical records and history to eliminate any "drug seeking behavior" issue. The nature of the post and the complained of response by the nursing staff suggest that this may be the driving force behind the "disrespect" issue and need to be confirmed or eliminated before you make a big mess of things feeding into that issue. ... Read More

 Do I have a case?  Not unless or until a doctor says the surgery failure was "ridiculous" in writing and defines it as malpractice. Until then its simply a failed surgery effort. You may want to discuss this with the secondary doctor and if he'll put that opinion in writing bring it to a peronsal injury lawyer for review ASAP. ... Read More

Typically because they make terrible clients on a contingent fee for a variety of reasons, ranging from lack of credibiilty to lessened sympathy with juries. Remember, unless you are paying your legal fees out of pocket, you are asking lawyers to risk often tens of thousands of dollars in legal fees and expenses to pursue an injury case - and as such they will be VERY picky on when and where that happens. ... Read More

If thats documented in writing with an expert, you simply need to retain a medical malpractice lawyer ASAP. IF thats simply an accusation, you will likely need to retain a medical expert to support such a claim first and must do so immediately as the statute of limitations for med mal claims are very short.... Read More

Hmmm.....this post raises numerous questions starting with what is meant by "lost control of you" during a surgery and "your arm got caught on something" ....., that you have brusing anc claims of fingerprints suggest some issue with restraining you. That this is followed by the odd characterization that "you feel violated" screams "buzz word accusation" to fit an agenda and raises further questions as to what actually happened that you shoudl feel "violated.". Whether or no there is some viable lawsut will revolve extensively around actual damages caused by the "losing control of you" and speicially what that entails. "Feeling violated" in a vacuum is simply not enough damages to support a viable med mal claim, unless you were willing to put up the tens of thousands of dollars in costs and legal fees to pursue such a claim rather than expect a contingent fee. ... Read More