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Elizabeth Taylor Herd
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Elizabeth Herd’s Answers

2,657 total


  • My PCP has prescribed medication that conflicts with the medication that was prescribed by my dermatologist. Do I have a case?

    I went into to visit my PCP for some stomach pains I have been having. After a short physical examination, my PCP and I went over the medications I was taking and in possession on. My PCP then prescribed me medication and stated there are very lit...

    Elizabeth’s Answer

    Thank goodness you read- patients do have that obligation as well. Since you did this (by the way, the pharmacy should also have warned you), you thwarted any damages. Without damages, you would spend money on medical experts that could not be recovered. You should let the providers know what happened.

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  • Is this medical malpractice?

    I had a breast enlargement procedure done this passed February. Prior to the procedure I expressed my concerns and what type of implant I wanted. I requested a tear drop shaped implant not a round implant. I also discussed with my surgeon and my ...

    Elizabeth’s Answer

    Unfortunately, in Florida medical negligence cases are not only difficult, but expensive. The cost of medical experts may dwarf your recoverable damages especially if you can be surgically repaired. This would mean that your economic damages are limited to the cost of the new surgery and the time and suffering associated with this. I am sorry, but each year the legislature makes these cases more costly and difficult.

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  • Can i file a suit against an attorney who rep me in a malpractice negligence suit over 10 yr ago

    He held my case for 4 yrs.one day i recieved a call from his office stating the medical board made a decision against my case.and theres nothing else he can do.it was a 1.3 million dollar case.back then a was an emotional wreck with no fight in me...

    Elizabeth’s Answer

    You need to contact a local attorney who handles legal malpractice matters. It sounds as though your case may have been arbitrated or referred to some other type of alternative dispute resolution. This may make an action against the lawyer impossible, but a local attorney will know best.

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  • Should i get a personal injury attorney

    I tripped over a set of forks on a forklift that was left up approx 8 inches by a third party company that came in to work on a forklift. I was knocked unconscious can not remember incident, spent three days in the hospital, missed my sons high s...

    Elizabeth’s Answer

    You can make a claim against a third party even though you cannot sue your employer for negligence in Florida because of the Worker's Compensation law. One of the issues will be whether you should have seen the forks as an obvious condition. I do not know under what circumstances you fell or failed to see the forks. In addition, your employer should be compensating your under their WC coverage for a percentage of your wages and should send you to their providers and/or cover your medical expenses - you will have to pay them back out of any recovery. If you have problems that are continuing arising from this incident you should contact a local lawyer.

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  • Questionable malpractice

    Had extraction, bone graft, prep for a bridge last Wed. Next day, developed fever and chills. Over the phone, dentist prescribe antibiotic and to call him Friday. Friday made several calls, never called back and put office placed phone on fax....

    Elizabeth’s Answer

    It certainly is substandard care not to return the call of a patient to whom you have prescribed antibiotics who is not getting better. However, one issue will be whether the oral surgeon's phone system or office told you to go to the ER immediately if you did not get better. The defense will certainly take the position that this is what you should have done on Friday. If you have made a full recovery and are doing well now, you will likely spend more than you could recover, even though you should not have experienced this ordeal.

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  • I don't know if I need a Medical Malpractice attorney, or an attorney that handles non medical malpractice slip, and fall!!!

    My father was admitted to the hospital a week ago for one problem. He was listed as a fall precaution, and subsequently fell causing him to fracture his nose in two places, and fracture his knee cap. this is this the tip of the iceberg there are o...

    Elizabeth’s Answer

    If the issue of fall precautions and whether they were appropriately applied is a matter of an order or medical decision making it is always prudent to speak to a medical negligence attorney. I hope your father is doing better, but certainly you should speak with a local medical malpractice attorney.

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  • Can I sue a doctor/clinic even if I signed a waiver that states I will not sue?

    First of all, my intention was never to sue this doctor/clinic. I donated eggs to a couple that could not conceive in NYC 2 weeks ago. This process has a lot of paperwork. Among these, are documents stating that I will not sue if something goes wr...

    Elizabeth’s Answer

    This is a NYC question and I would qualify my answer by saying I don't know NY law. However generally you have a right to contract and if you agreed to give up your right to file a lawsuit for some consideration that agreement may be enforceable but you would have to contact a local lawyer. If the agreement is over reaching there may be grounds to set it aside. But, if you have physically recovered and have some missed time from work and pain and suffering you would likely spend more than could be recovered.

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  • My three year old child was injured and received stitches after he climbed up on a cinder block wall around our ac unit outside.

    We are renters and i noticed once we got home from ER none of the cinder blocks were ever mudded. They we just stacked with rebar ever couple feet. Is the landlord liable due to faulty construction

    Elizabeth’s Answer

    Pursuing a claim of this type will cost much more than could ever be recovered. I don't think this constitutes faulty construction in that this wall is likely constructed for appearance only and/or to hide hoses and garbage containers and the AC unit. In addition, the appearance of the wall is open and obvious so that you can see it as well.

    Most jurors will believe that a 3 year old requires constant supervision and the defense would likely raise the failure to supervise. Since your child will likely recover and you hopefully have insurance to pay for the medical bill, we are happy that there are no lasting damages and that all will likely recover and move on to fight another battle.

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  • If you fall on a restaurant's property, are injured, does their insurance have to pay pain and suffering?

    I fell walking up a cement riser/curb that you use to enter restaurant. I broke my arm. Tried to give my personal info to manager. She said not necessary because not their fault. At that time, didn't know I broke my arm. Contacted owners and ...

    Elizabeth’s Answer

    . Whether the restaurant is responsible for damages depends on the condition that caused the fall. Is the condition an open and obvious one? If so, responsibility may rest with the injured party. Had you been to the restaurant before - where you aware of the curb? These are questions that have to be addressed in light of whether a jury would likely feel that the condition was one that could not be discovered with reasonable care on the part of the injured patron.

    The restaurant is offering to pay this specific amount of medical bills because they have medical payments coverage and can trigger that portion of benefits regardless of fault.

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  • My Mom fell in her apartment bathroom due to water leaking from the ceiling in her bathroom. This was due to a faulty roof and

    snow melting caused it to leak in many of the apartments. We filled out an accident report and went directly through the apt's insurance company to settle instead of getting an attorney. They are now coming close to closing this case and have ask...

    Elizabeth’s Answer

    There are so many factors that go into evaluating the reasonable settlement range for a case. There really is not enough information to give you anything more than a guess. We don't know your mother's age, her limitation on activities, ongoing pain, whether her injuries have impacted any job, etc. The right lawyer adds value to a case and will pay for herself. If there really is nothing that can be done and your mother ends up in a wheelchair that is a big deal. What are the insurance policy limits? Her claim could actually be in excess of what is available. Who was her surgeon? Why the leg length discrepancy? Can that be remedied with any future surgical procedure. There are many unanswered questions that a lawyer could address.

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