David Jay Gorewitz's Answers

What recourse do I have when an physician does an inappropriate exam for a non related body part to the diagnosis.

Your question assumes the touching was inappropriate . . but that is not a given. If the doctor is searching for lumps or tumors in your liver and pancreas that might account for your blood work, it would seem that a breast exam might also be in order . . as the breast obviously could be a source of cancer and high blood markers. I'm not saying it was not inappropriate, but seems to me this doctor in response to any threat would simply argue he was doing a thorough examination. . . and for...

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Hello I read a topic here on oxygen loss and brain injuries. Well during the delivery of my son he went into distress and was

As you can likely tell from the number of responses to your question, given the potential catastrophic injury to your child, there will be no shortage of lawyers willing to take your case. My only advice is to ensure yourself that you have the very best medical malpractice specialist you can find. Should there be negligence, this is a very expensive case to bring so your lawyer will need significant resources to best represent your interests. This is because of the number of experts who will...

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Do I need to obtain an attorney and should the employer be responsible?

I must respectfully disagree with my colleague. Yes, this individual has a worker’s comp claim against his employer, but yes he can also sue you because the vehicle you owned and let somebody use was involved in an accident. You do not benefit from his employer’s workers compensation immunity. Whether somebody was or was not cited will never be admissible in the civil suit brought against you. Hopefully you had bodily injury liability insurance so that your auto insurer will defend you. If...

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Can I be liable for accident damages caused by my husband before we were married?

Florida has a four year statute of limitations for personal injuries. Should you marry your assets held either as Tenancy by the Entireties or separate from your husband could not be attached. You are not liable for your husband's debts in Florida. But if you have joint bank accounts and a judgment is obtained against your husband, it is possible to attach those joint accounts. By the way, liability insurance may not be required in Florida, but if you cause injury or property damage you can...

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Can i go after the stat of florida legally, who has caused me mental anguish, pain suffering, emotional suffering, depression,

The Statute of Limitations against the State ran long ago, so no you cannot go after the State. However, if there was a recovery when you were a minor and a trust fund set up on your behalf, it may still be available to you. You should search old legal filings in the county of the accident to see if a suit was ever brought on your behalf, find out who handled it and try to track down the trust fund . . if there is one. You may alternatively want to hire an investigator to do this for you.

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Can our Insurance company deny a claim or cancel our homeowners insurance do to having a felony , bankruptcy, or lean.

I am representing a couple with the same facts as yours, i.e., the insurance was cancelled by the insurance company after a fire because the husband had a felony conviction in violation of underwriting guidelines. The insurance company certainly has the right to attempt to rescind the policy, but there are defenses to any attempt by the insurer to cancel your policy, including your accurately answering the questions asked of you by the agent who sold you the policy. If a jury believes you,...

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Check Fraud

Since knowingly writing a bad-check in Florida is a crime, do not admit to anyone that your "husband wrote a check knowing there is no money in the account to cover it" as admitting this might be used against your husband in court. I would pay the amount due if at all possible or contact the medical provider and try to work something out with them on a payment plan. They likely want to be paid and hopefully are not looking for prosecution. If you hear from the State Attorney, you will...

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How can i prove gross neglience in south Florida?

You may want to start by getting the drivers manifest, although it might not accurately reflect the facts. Truck drivers have been known to violate Federal Regulations in driving too many hours without adequate rest. You should absolutely have a lawyer representing the interests of the injured parties. In the end though, you need only prove negligence, not gross negligence to recover. If you are seeking punitive damages, that is another issue.

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What action do i need to take if im in an accident i dont feel im at fault and police report will state i am. Can i fight this?

You have every right to contest a traffic citation in Florida. You simply need to make sure you notify the clerk of court, I believe within thirty days of the citation, that you want to contest the citation. Whatever happens however, this citation can not be used against you in a Civil Suit. So if you bring a claim for damages of some sort, the decision will be made based on the facts and the eyewitness testimony, not on whether you received or did not receive a citation.

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I am in Florida my husband forgot to put the brakes on a car parked trun by itself he hit a tree I owe 4000 but have gap

In Florida, the insurer will never pay more for the repair than the value of the vehicle, and generally will total it if the repair estimate is about 75 - 80% of the vehicle's value, unless of course there is gap coverage on a leased vehicle which will cover the difference between the value of the vehicle and the amount owed.

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