A friend of mine needs to know ... Does she have a good malpractice case here? Could she use a Lawyer in central Florida?

Asked about 1 year ago - Tallahassee, FL

My friend has supposedly had the last of her female organs extracted as of 2009 with the removal of her right overy . She has since moved to central Florida, and has been in the hospital twice now with right side pain, had two CT scans and a pelvic ultra sound, and have had two doctors tell her that she still has her right ovary, and that it is growing in size. This ovary that was supposed to have been removed in 2009 by a Tallahassee OBGYN... seems to not only be still there but she has evidence of where her insurance was billed for the removal. Now she is in terrible pain, and due to her current situation, doesn't have insurance to get this taken care of. I have told her it sounds like she has grounds for malpractice for the Tallahassee OBGYN, but she wanted to be certain. Thank you

Attorney answers (9)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Your friend can have a malpractice lawyer order her medical records to investigate

  2. Heather Morcroft

    Contributor Level 20

    5

    Lawyers agree

    Answered . She needs to go meet with a malpractice insurance attorney. They need to review medical records and have the medical records reviewed by an independent doctor who is willing to say that the standard of care to be expected was not met. However, if they were supposed to remove an ovary and did not that certainly sounds like it is worth her while to pursue this.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  3. Kenneth Joseph Bush

    Pro

    Contributor Level 12

    4

    Lawyers agree

    Answered . An experienced medical malpractice attorney would have to review the medical records to determine if there is potentially a case. However, please note that Florida has a Statute of Repose that absent fraud, will prohibit a claim being made based on a procedure that occurred more than 4 years ago. If the procedure took place in 2009, the statute may have already expired, or in any event, is dangerously close to expiration. Your friend needs to contact an attorney immediately if she wishes to pursue the matter.

  4. Charles B. Upton II

    Contributor Level 15

    3

    Lawyers agree

    Answered . This must be a terrible strain for your friend to go through. She very well may have a case. As the others have said, she will need to meet with a med-mal attorney to go over her situation in detail. Do not delay these cases have a very short statute of limitations. If she doesn't get it filed on time, she may forever lose her right to bring a claim.

    For a free consultation about your legal issue, call (877) 675-7987. My response does not create an attorney-... more
  5. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Unfortunately the laws are severely restricted in Florida. Unless your friend can show that she has not taken action due to fraud, concealment or the material misrepresentation of fact - her action would be barred because it is more than 4 years from the date of the alleged negligent act. There may be negligence that occurred after that time period so she should have her claim reviewed by a local attorney.

  6. Brian Robert Dettman

    Contributor Level 13

    2

    Lawyers agree

    Answered . Sounds like she may have a case, especially if they billed for a procedure they didn't perform, but a malpractice attorney needs to investigate. Find a few on AVVO, call for a free consult, and go with the lawyer she feels comfortable with.

    Kentucky and Florida Licensed. Free consultations. 502-424-2016. Follow me on twitter: @trackmylawyer.... more
  7. Lars A. Lundeen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Your friend may find it helpful to review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is. Your friend can access the Guide through my profile page on Avvo.com. If, after reading the Guide, your friend think she may have a viable claim, she should immediately contact a personal injury attorney in her area for a free consultation and possible representation on a contingent-fee basis.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.
  8. David A. Papa

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I agree with the other attorney's - it is essential you interview a couple of attorney's that practice medical malpractice law. There are Statute of Limitations that could pose a problem so do not hesitate and contact attorney's now.

  9. David Ian Schoen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . She needs to immediately consult with an experienced local medical malpractice attorney.

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