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Elizabeth Taylor Herd
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Elizabeth Herd’s Answers

2,659 total


  • My stepfather had over half his leg amputated do to his Dr's. mishandling. Does he need a malpractice lawyer?

    He had a blocked artery in his foot, the Dr said there's nothing we can do but amputate his foot. He can wait until I get back from my vacation, that was the middle of June, surgery was scheduled for july 9th. Within a week he had ganggreen in his...

    Elizabeth’s Answer

    It is not clear to me what portion of the delay in operating on your father's foot was. If he went to have evaluation shortly after being told he could wait, the damages related to the delay may not rise to the level where a recovery can be made that would rise above the costs of the medical experts. You should contact a local lawyer immediately for a full evaluation of the claim and damages.

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  • Do I need a malpractice attorney?

    I had low abdominal pain and went to a local hospital. The ER diagnosed me with an ovarian cyst and sent me home with pain medication and to follow up with obgyn. Within 24 hours I became lathargic and developed a high fever, my husband contacted...

    Elizabeth’s Answer

    In Florida the law requires that the claimant prove that the ER providers were reckless in not finding that your appendix was the cause of your abdominal pain. Classic signs of an inflamed appendix are: lower right quadrant pain with rebound. If a CT scan was performed and not interpreted correctly you may have a claim, You should check with a local medical malpractice attorney for a full evaluation of your claim and damages. One thing that may complicate your potential claim is that you may have also had an issue with ovarian pain/cysts. It is not clear from the facts you have shared whether there was also an ovarian problem. IF your medical treatment was in Florida you should contact a lawyer immediately to protect your right to pursue any potential claim.

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  • 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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