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Robert L. Spector

Robert Spector’s Answers

10 total

  • Does this fall under malpractice or negligence and is there any recourse?

    Dad recently died of ALS, undiagnosed. I asked the Dr. if it could be ALS and he said Dad had a lesser condition that caused muscle weakness, but assured us that with P/T and lots of hard work, he would recover, though it could take up to a year. ...

    Robert’s Answer

    As you know there is unfortunately no cure for ALS. In Florida even if the doctor committed malpractice you must show that had he been correctly diagnosed and treated that it would have made a difference in the out. While you could sue for the economic loss for the VA benefits the cost of the litigation would outweigh the amount you would likely recover. Sorry for your loss.

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  • "hit" a bumper on the highway this morning

    I just hit "tapped" a car on the highway. He did NOT have any break lights and there was ZERO damage to both of our cars. We just exchanged #s and names. Cops were not called per the gentleman. I just got off the phone with him and he was saying h...

    Robert’s Answer

    You should immediately report this to your insurance carrier. He might next decie that he is hurt. The other lawyers are correct that you always call the police no matter how small the accident to make sure that fact is documented

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  • Facing second surgery to reimplant neurostimulator battery due to incorrect procedure by doctor-- is this cause for malpractice?

    I have a neurostimulator implanted in '08. June '11 battery pack broke through skin and had to have entire system removed. My dr was on vacation and his collegue did revision. Collegue said battery wasn't implanted deep enough to begin with. De...

    Robert’s Answer

    Under Florida law, medical records involved in the claim must be reviewed by a doctor of the same specialty as the one who you think was negligent. Assuming the expert says it is malpractice then the guilty doctor must be put on notice of a claim in what is called the Pre-suit Period which lasts 90 days. Then if the claim is not resolved a lawsuit can be filed. In Florida no claim can be made without going through pre-suit. Also, remeber malpractice cases are expensive so unless there are longterm complication it often doesn't payto bring the action. Each case is different and needs to be evaluated individually.

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  • How to i suspend someones licence for not paying a debt from a car accident.

    i was in a car accident and the person who hit me had no insurance, we went to court and agreed on them paying me 100 a month until they paid the 5,000 balance. they only paid two months and its been 2 years and i have not received any payment. Wh...

    Robert’s Answer

    You have no power to suspend a license, that takes a court order at this point . If the claimant license was reinstated by the court after the hearing and a form was filed by an insurance agent called an SR22 with the State showing the person now has insurance coverage, you may be out of luck. You can retain a collection lawyer to attempt to collect the funds

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  • Spinal Steriod shot on September 17th seems to have damaged a nerve and left me incapacitated due to pain. False info in my file

    I've been having a problem with my back since 1998. The pain had gotten bad enough for me to try Spinal epidural/steriod treatment. The first shot in August went well but the second was horrible. The office was packed and the doc was obviously ver...

    Robert’s Answer

    Unless the problems you have are permanent in nature it would not be a good malpractice case. Unfortunately, even assuming the doctor did something wrong, without a continuing problem damages would be very limit. These cases are extremely expensive to litigate because of the need of expert testimony to make these cases work. You should seek the opinion of another doctor if you have long term problems to find out exactly what went wrong. If the problems are long term a lawyer should be contacted to evaluate the claim

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  • 1 vehicle accident, health insurance says that they are the secondary insurance on the medical claims. Could this be right?

    I was involved in a motorcycle accident, no witnesses, not at fault, no tickets issued. My auto insurance cut me a check, from a medical expense rider, which I was going to use for out of network doctors, and the deductable on my health insurance....

    Robert’s Answer

    In many states, Florida for example, auto insurance is primary. That is you would have to exhaust all automobile benefits for medical coverage before health insurance coverage kicks in. While they acan't tell you who to use, they can tell you how their coverage applies to your circumstance.

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  • Can i sue a person two years after a car accident?

    In september of 2007 my boyfriend drove my car to get back and forth to work one day. On this day he was in car accident which totaled my car. He was not at fault. The owner of the suv that struck my car was uninsured, and did not have a valid dr...

    Robert’s Answer

    The statute of limitations, the time in which you have to sue, is 4 years in Florida. You should check with your insurance company to see if they are pursuing a property damage claim. This may preclude you from suing depending on the release you may have signed when you got the money from your own insurance carrier. Im afraid if you have to hirer a lawyer you would have to pay him by the hour to go after the other driver.

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  • Was wondering if I could file a lawsuit against hospital for failing to do sonogram after complaints of vaginal bleeding?

    6 weeks ago while at work after using the bathroom i noticed spotting and immediately called my doctor who told me to go to the E.R.. I was going on 21 weeks and was sent to labor and delivery. The nurse listened for a heartbeat and everything see...

    Robert’s Answer

    If you were going for regular prenatal care it is possible your regular doctor may have picked this up, depending on when it developed. Minor bleeding does not necessarily call for a complete workup nor is there any assumption that it is a result of an incompetent cervix. I would suggest you call an attorney in your area who does malpractice cases and see if based on the facts you laid out he or she wishes to have an OBGYN review the records on your behalf. I think this case is in a grey area and may not be malpractice since the viability of your baby at 21 weeks may come into play.

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  • Need advice

    lost driver license in an accident and license was suspended, plus a judgement was placed on license. I had insurance, but lost insurance documents when i moved to another city (same state) three years ago. I called the company, but was told tha...

    Robert’s Answer

    Florida law requires that you present proof of insurance when you get auto tags. This must be done every year. Check with the Department of Motor Vehicles to see if they might have that information

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  • Can I sue my eye doctor for not having diagnosed optic nerve damage due to gluocoma?

    I've been going to this eye doctor many years. He has been treating me for gluocoma and I have faithfully kept my appointments with him and also never forgot to take my drops. I went to a new eye doctor recently and he found that I have severe ...

    Robert’s Answer

    The answer is maybe. You should obtain a copy of your first doctors records so they can be reviewed in conjunction with the findings of your new doctor. The malpractice laws in Virginia are somewhat restrictive so you should gather your records and immediately contact a lawyer in your area who specializes in malpractice work. It is important that they be reviewed by an opthamologist to determine if the treatment was improper and caused you injury. So you know I am a Florida lawyer but have litigated cases in Virginia in conjuction with a Virginia lawyer.

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