Florida Medical Malpractice Legal Questions

Press charges for what? There is no criminality here. You are clearly unhappy with the OB and made a change to a new one. Typically the new physician will request records from the old one as this will often occur without you paying pricey copy charges. You can work with the new OB to address that issue OR you can file a AHCA/DOH complaint if the old OB wont give you records even if you agree to pay for them at the statutory rate. ... Read More

While it may have happened as you described - most people will not belive that you told a doctor you smoked a few puffs of weed and that he said he would make a note of it, and its "ok" for several reasons. One such a statement is as believeable as clamining you didn't inhale or THC in your system is secondary smoke. Smoking weed is typically lifestyle and that absent a college dorm party - a few puffs is lilkely code for " I smoke weed regularly" much like people always claims 2 beers is what they had in a DUI, because one wont be believed and 3 means step out of the car. That stated, depending on the length of time passing for the prescriptions, I suspect there may have some OTHER issues in the blood run, such as the amount of THC not being consistent with a single "puff" a week prior or some other drug use issues. Regardless, there isn'ta remedy here because if you should not have be given the pain meds - you were lucky you did and can't cry foul they don't continue what you shouldn't have gotten to start. ... Read More

Unless you are a legal guardian over your sister - there is no US it it only HER. It is HER case with HER lawyer and you need to be sure you are not interfwering (even with the best intentions) as you will most likely create a controversy that may be unnecessary and avoidable. There are MANY benefits to an injured party structing a settlement or part of it but this would be addressed with the lawyer and possibly a financial advisor and the client. ... Read More

Its is what it is - if you need to two more procedures, whether you want to or not, that may well be appropriate depending on your situation. If you don't want them you can't be forced to get them, but there is nothing inherently wrong with the medical care with the facts described. I fyou have concerns you can seek a second opinion. Also, to be clear, no one can "make you break down in tears" thats some thing that is within your control andthere is no lawsuit for such things.... Read More

"I also have mental issues such as depression, anxiety and PTSD and the nurses kept blaming my breathing on my mental health." and there is the elephant in the room. You will need to have a psychiatrist and/or a doctor back this up. Otherwise your post absolutley suggests either a mental health disorder or an inmate working the prison system for infirmary time or contrived claims and won't get anywhere past that absent some other compelling evidence. ... Read More

Difficult, as whether the discharge would have prevented the third stroke will take review of all the records and the medication he was on, and then an expert opinion.  if by way worse he has now permanent serious physical changes and/or coginitive or other brain injury which affects him permanently then you may want to consult a lawyer and get the records.  If your husband cannot sign a medical release for the records, it may be more complicated to obtain unless in going to the hospital he signed a form indiciating that his condition can be shared with you.  In either case, you will need to have a final assessment of his condition to determine the extent of the damage or harm and if permanent.  Too many facts, but if your question is whether there is malpractice, unknown without the records being reviewed and then a medical opinion.  ... Read More

Unfortunately many infections are part of the risk of surgery including and especially in replacement surgeries.  Pseudomonas is from my reading being found in study in 25 percent of replacement surgeries  You need another medical opinion on whether anything can be done and if anything wrong with the surgery or hardware then if still questions get your records and meet with a pi lawyer as without the records it's impossible to evaluate   ... Read More

The spleen injury could be a risk of procedure but not timely testing or treating may be negligent and all depends upon result.  As lawyers all we can do is review and give opinions on negligence along with an expert md opinion or RN opinion.   What do you do?  Consult doctors and research and be an advocate and if not pleased find other doctors.  If you find permanent injury and suspect negligent treatment obtain the records and consult a lawyer ... Read More

There is no issue with listening to YOU as a patient. However, if the infectious disiease specialist says that the treating doctor did something wrong  - that needs to be in writing and then identify the specific effect of the doctors actions. You have a VERY short statute of limiations in any med mal case so this needs to be addressed IMMEDIATELY with the specialist. Once you have such a written statement you bring that and your entire medical records to a lawyer for a med mal review. ... Read More

Optiate addiction and kickbacks are to TOTALLY different issues. If this was of recent vintange you would have a HUGE credibility issue claiming you were oblivious to the potential addiction to opiates as its plastered everywhere starting with the pharmacy documents. If you are claiming the doctor malpracticed by prescribing opiate pain pills you will need to have another physicians opinion to support that in writing, including determination that you are now an opioid addict, and then have same reviewed by a lawyer. ... Read More