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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 9
Do you have any Florida Medical Malpractice questions page 9 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.
Medical Malpractice
Florida

Recent Legal Answers

I am trying to help my sister find a lawyer. she lives in Pensacola Fl. however because of a association with the doctor or hospital no one can help

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Your sister simply needs to hire counsel outside of the local area. You can have her contact our office to discuss the issue further if she likes. 
Your sister simply needs to hire counsel outside of the local area. You can have her contact our office to discuss the issue further if she... Read More

is this considered medical malpractice?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Its possible - all depends on the medical records and how thesymptoms presented as determined by a medical expert. Only way to know is to hire a laywer and a medical expert immunologist or neurologist ASAP and go from there. 
Its possible - all depends on the medical records and how thesymptoms presented as determined by a medical expert. Only way to know is to hire a... Read More

Incarcerated inmate friend of mine has severe open angle glaucoma and NOT being treated like he would if he were out. They are letting him go blind.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
He is NEVER going to get treated medically "like he was out" as thats the benefit of "being out" and reason not to get pinched and be "in". That said, he will haveto hire, at his expense most likely, a civil rights lawyer to address whether the care provided falls below the acceptable standard for inmates and try to force them to provide that standard of care if they are not. ... Read More
He is NEVER going to get treated medically "like he was out" as thats the benefit of "being out" and reason not to get pinched and be "in". That... Read More

Do I have a case if I got an unnecessary procedure done that left me in pain?

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No. The damages for an unnecessary D&C is negligible and likely far less than the cost of the expert to attest as to whether it was proper. You can file a complaint with the board of medicine and see what they say, and they will discipline the doctor if they find some misconduct. 
No. The damages for an unnecessary D&C is negligible and likely far less than the cost of the expert to attest as to whether it was proper. You... Read More

My son's ammonia level was a 50 it's suppose to be a 4 it makes you me talk. He was on list for a liver transplant I called medics because he was ge

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There is CLEARLY much much more to this as Baker Act admissions require medical assessement - and that would include accounting for any claimed blood ammonia issues. You will likely need to hire a lawyer to investigate what his situation is or possibly to have a guardian ad-litem appointed to address such issues. If he doesn't have the money to retain such a lawyer, you can try local legal aid and see if they can help. ... Read More
There is CLEARLY much much more to this as Baker Act admissions require medical assessement - and that would include accounting for any claimed blood... Read More

Do I Have a medical malpractice case.

Answered 8 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This sounds like you have labelled for drug seeking behaviour. No - refusing to continue to dole out pain meds is NOT in and of itself malpractice. You probably need to seek some assistance for referral to in patient rehab or possibly some other pain solution like surgery. 
This sounds like you have labelled for drug seeking behaviour. No - refusing to continue to dole out pain meds is NOT in and of itself malpractice.... Read More

Do I have a malpractice claim in the death of my mother?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This can best be answered by your sister the doctor. No lawyer can answer such a question as it requires a medical review and opinion. That stated, there may be practical issues about the valuation of such a case with a 91 y/o and the complexities of treating the very elderly. 
This can best be answered by your sister the doctor. No lawyer can answer such a question as it requires a medical review and opinion. That stated,... Read More

can we sue for malpractice if a mental health hospital didnt give back the meds that was taken with the patient?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No. This is not a med mal issue. You can call the DEA to let them know and they can follow up on the disposition of the meds. They may have been destroyed. 
No. This is not a med mal issue. You can call the DEA to let them know and they can follow up on the disposition of the meds. They may have been... Read More

I need a lawyer whovmessed up on to surgeries if a fractured left shoulder, new surgeon says have a lawyer or sign I will not peruse a case from first

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not sure what that doctor is looking for as it seemshe doesn't want to be involved in a med mal claim. If you have a lawyer for the 2015 accident they need to address this. If you don't you need to have a lawyer review the case ASAP. If we can help you can call out offie at 1-800-922-6442
Not sure what that doctor is looking for as it seemshe doesn't want to be involved in a med mal claim. If you have a lawyer for the 2015 accident... Read More

I got paralysis from the waist down at the hospital from a injection called lovenox can anyone help

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly - the paralysis needs to be linked to the lovenox and not th DVT or clot issues or other such source. You need to get a medical opinion supporting the lovenox as the cause by ruling out the others. 
Possibly - the paralysis needs to be linked to the lovenox and not th DVT or clot issues or other such source. You need to get a medical opinion... Read More

Can an ER doctor be sued ?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly - but you described a NEW impact at work so it will be a complicated issue of work comp v. med mal. You need to retain a lawyer to address this ASAP. 
Possibly - but you described a NEW impact at work so it will be a complicated issue of work comp v. med mal. You need to retain a lawyer to address... Read More

episiotomy without numbing

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
I am confused. If you had already delivered the child, why was there an episotomy at all? That stated, absent some large damages there simply is not enough to support a malpractice claim. You can try making complaint to the riskmanagment of the hospital or the medical board from an ethical perspective - but thats about as far as this will go unless you want to spend tens of thousands of dollars out of pocket to pursue the issue on principle. ... Read More
I am confused. If you had already delivered the child, why was there an episotomy at all? That stated, absent some large damages there simply is not... Read More

do i need a lawyer if the facility i have been living at is shutting down conveniently for black mold after 8 months of telling me there wasnt any.

Answered 8 years and 10 months ago by attorney Mitchell Lloyd Feldman   |   1 Answer   |  Legal Topics: Medical Malpractice
This would be premises liability.  If a doctor expresses any opinion that Mold exposure may be the cause you should consult a lawyer
This would be premises liability.  If a doctor expresses any opinion that Mold exposure may be the cause you should consult a lawyer

Do I have a case?

Answered 8 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not inherently - no more than complaining that you have withdrawal or addiction issues related to long term opiate use as the basis for the claim. Unless the underlying pain management alone was improper, these are typically the side effects of that one contends with but really can't sue over. ... Read More
Not inherently - no more than complaining that you have withdrawal or addiction issues related to long term opiate use as the basis for the claim.... Read More

Do we have a case against my wife's surgeon if he failed to remove a plastic anchor from her knee?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly - this will start with an opinion of an expert as to the "not installed properly" aspect. This needs to be done immediately as there may already be statute of limitations issues to contend with. 
Possibly - this will start with an opinion of an expert as to the "not installed properly" aspect. This needs to be done immediately as there may... Read More

I was inappropriately touched on my breasts by my pulmonologist

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Not sure what that even means. You should file a complaint with the clinic he works for and the medical board and they can investigate it. If there is not a clear case here or there are "other issues" you also ned to be prepared that you might get sued by the doctor if the complaint is unfounded. ... Read More
Not sure what that even means. You should file a complaint with the clinic he works for and the medical board and they can investigate it. If there... Read More

I have taken a dderall for about 5 years now for narcolepsy. now can't get it approved. Between the doc. And ins co. Sending wrong info. More to this

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
This is a heavily abused drug and you have a suspect diagnosis. Due to the abuses by others you will unfortunately have to bear the expense of dealing with the issue. 
This is a heavily abused drug and you have a suspect diagnosis. Due to the abuses by others you will unfortunately have to bear the expense of... Read More

If the doctor diagnosed an antibiotic at a hospital that caused blindness, is the hospital and doctors liable? What about the drug company?

Answered 8 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Possibly if the issue was a known effect and there was neglgence in its application. Otherwise its either a product liabiity case or simply no case at all. 
Possibly if the issue was a known effect and there was neglgence in its application. Otherwise its either a product liabiity case or simply no case... Read More

My mother was left waiting in the lobby for 8 hours waiting to be admitted into the hospital. Her doctor wanted her admitted for low blood pressure.

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No. I am not seeing any damages described. You can complain to the administration about the care andlet her treating physician know. 
No. I am not seeing any damages described. You can complain to the administration about the care andlet her treating physician know. 

What can I do about my dentist rapping my insurance? Doing more work than needed.

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
The most obvious point is go to another dentist. There should be plenty of other dentists available on your dental insurance. 
The most obvious point is go to another dentist. There should be plenty of other dentists available on your dental insurance. 

I have been going to my dentist for about 18 months and I went to him to get a tooth pulled because I had a root canal years ago but part of the root

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There is something missing here as dentists and doctors don't arbitrarily refuse to treat patients as a general rule. You left out the part where there was some controversy or accusations made some where - as THAT is the source of such issues 99% of the time. Other than that - you will need to see a new dentist. ... Read More
There is something missing here as dentists and doctors don't arbitrarily refuse to treat patients as a general rule. You left out the part where... Read More

Gallbladder surgery gone bad

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
Starting point is this is simply a surgical complication and there is nothing to do legally. That stated, if you have concerns, you may want to get with a malpractice lawyer and get referral for a specialist you can hire for a second opinion and to review the records. This may cost you several thousand dollars for such a review - but many people choose to do so simply for peace of mind. ... Read More
Starting point is this is simply a surgical complication and there is nothing to do legally. That stated, if you have concerns, you may want to get... Read More

My husbands' PCP (since 1998) referred him to a kidney specialist AFTER he reached stage 4 CKD

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There is a huge issue with this taking place 4 years ago as it may be past the statute of limitations. Your husband needs to consult with a medical malpractice lawyer immediately, though it may be too late. 
There is a huge issue with this taking place 4 years ago as it may be past the statute of limitations. Your husband needs to consult with a medical... Read More

Dr. prescribed me high doses of prednisone.

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
There are no meaningful damages here. Its not likely a viable med mal case simply for that reason alone. 
There are no meaningful damages here. Its not likely a viable med mal case simply for that reason alone. 

After knee surgery my incision became infected and the Ortho Surgeon put me on antibiotics

Answered 9 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Medical Malpractice
No way to tell without a full expert review. The fact that you had surgey on the leg you claim impairment on to begin with is obviously a complicating factor. 
No way to tell without a full expert review. The fact that you had surgey on the leg you claim impairment on to begin with is obviously a... Read More
Medical Malpractice
Florida

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