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Do i have a Medical Malpractice case?

Cape Coral, FL |

I'm a 27yr old female. I had surgery in Nov '11. I started physical therapy the next day. This continued for the next month and a half. My condition did not get any better, I had a follow up with my doctor in Jan '12. He did not say anything about it except it will go away. About 45 days later he see's me again and says that something is wrong and referred us to another doctor who did a nerve EMG and told us I have a femoral neuropathy. And more then likely it was permanent. Our current doctor told us that is was the anesthesiology fault for this to happen. He said that he hit my nerve when he injected the nerve block. it's been almost a year and still no change. I have no feeling in my thigh or my calf and I have to wear a brace now. I am about to lose my job and my world if falling apart

Attorney Answers 3


  1. This is the best litmus test anyone will ever provide to you....trust me.

    I am going to keep this very short, if not sweet. This has nothing to do with you, so please do not misinterpret my question/request. Please, please, please do not, because many folks would take this do be an indication of an attorney's expression of doubt about the information which a potential victim of medical negligence has related to him or her. That would be a very clear mistake, but nonetheless one which I have seen made time and again, both with respect to potential clients who have come in to my office for an initial consultation, and the same situation has also occurred in exactly the same manner with respect to those prospective clients who have visited with colleagues of mine (who, like myself, have and in some cases still do, accept medical malpractice cases. A question just like the one I am about to present to you is asked of them; they misinterpret the reason for asking the question, which is a very good one, and one which might lead to the difference at the end of the day between winning and losing an action arising from medically negligent care and treatment which has led to injury and harm from which these same folks may have suffered and/or continue to suffer....and, rather than simply answer the question, or arrange to attempt to do so, they become offended, feel that their motives or integrity are being called into question; and leave!!!

    Meanwhile, no attorney of even reasonably sound judgment, or who had the slightest desire to strive to win each and every meritorious case with which he or she decides to become involved....a trait which I would otherwise expect anyone would want to see exhibited in his or her attorney.

    So, once again, please carefully read the question; if you want to know why it has been posed, reply by "Comment" to this Answer and I will begrudgingly do so, but better yet, just provide an answer, again by reply "Comment" and we can continue on from there...

    Best regards,

    David B. Dohner, Esq.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to schedule a free thirty (30) minute initial office consultation. Neither this offer of a free initial consultation, nor the mere fact that the initial consultation may have ultimately been conducted, whether telephonically or at our office location, should be construed; assumed; interpreted; or understood by any individual who was granted a free initial consultation for which no consideration of any sort whatsoever was tendered, to have formed or created an attorney-client relationship, or to have created any obligations owed by the attorney or attorney's firm to any individual who was given a free initial consultation, by the mere undertaking of the free initial consultation for which no consideration of any sort was tendered to attorney or attorney's firm. The formation of an attorney-client relationship occurs through the process of negotiation between the prospective parties, the individual seeking legal representation, and the attorney, acting individually, or as an agent of a firm (the capacity in which the attorney is acting shall be disclosed to prospective client, if negotiations for legal representation in exchange for good and valuable consideration are undertaken by the prospective client and the attorney. If agreement is reached by and between the parties for legal representation after the mutually satisfactory negotiation of the agreement for legal representation, and all of its individual terms; the scope of representation to be provided by the attorney to the prospective client has been delineated to the mutual satisfaction of the parties; the manner of payment of good and valuable consideration by the prospective client to the attorney has been determined; and it has been conceded by the parties that all of those factors upon which agreement had been reached by the parties and which were recited herein, had been agreed upon by the parties only after careful consideration and sufficient review of the document styled Agreement for Legal Representation, and after it has likewise been conceded by the parties that each respectively had been presented with the opportunity to have the document reviewed independently by each respective party's personal attorney, or any other attorney of his or her chooosing. If the Agreement for Legal Representation contains terms regarding contingency fee agreement or agreements for payment to the attorney for all or a portion of his or her services and legal representation on behalf of the Client, Client concedes that he or she has been presented with an additional document entitled "Statement of Client's Rights", which is a document created by the Florida Bar and approved for use in matters in which payment in full or part, is tendered by contingency fee agreement. Please note that any commentary or response offered through this site is based on the limited set of facts and background data supplied by the individual framing the question and would in all likelihood require more investigation before a complete response could properly be framed to thoroughly answer the question posed. No attorney-client relationship is, or should be presumed to be, formed through the comments or responses provided to the individual posing the question, as a courtesy, here, through this forum, nor should any other duties or obligations be construed; assumed; or otherwise be inferred to exist and/or owed to the individual who posed the question by the attorney who provided the best guidance possible to said individual under the circumstances presented as they were, including the unreasonable assumption that a full and thorough legal analysis of an individual's situation could be formulated simply based on the minute portion of the entirety of the facts and circumstances surrounding any legal matter, which could in no manner possibly be presented here in such a form which would allow for a thorough analysis, evaluation, or legal opinion to be formed by the Attorney.


  2. Will your doctor put in writing that the anesthesiologist was negligent and fell below the minimum competency of a physician of his specialty in the procedure and was proximate cause of your condition? Is your current doctor an Anesthesiologist? That is what you need to show a prima facie malpractice case.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think. www.schnitzerlaw.net


  3. I will keep this short. You don't mention what surgery you had, which makes it a little difficult to answer the question. Your injury could be the surgeon's fault, the anesthesiologist's fault, or nobody's fault. You need to get yourself to an experienced medical malpractice lawyer, the sooner the better, and ask him or her to sort this out for you. All medical malpractice lawyers are happy to answer questions without charge, and if they think your case is of likely merit, they will gnerally advance the expenses of investigation. I believe FL has a two year statute of limitations, and I know FL has a lot of burdensome procedures for medical malpractice cases, so again I emphasize that you have no time to lose.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.

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