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Frank Albert Ashton

Frank Ashton’s Answers

6 total

  • Do most jury's find a physician guilty for having sex with a patient under any circumstance?

    Do most people in todays society understand that it is always the responsibility of the physician since he is the one in position of power to stop any type of sexual advances, and most obviously sexual intercourse? Or are there still ignorant peo...

    Frank’s Answer

    It is improper for a physician to engage in a sexual relationship with his patient. As has been mentioned, Sections 458.329 and 458.331, Florida Statutes specifically prohibit this type of conduct and subject the physician to disciplinary sanctions. While there may be a problem with insurance coverage for sexual misconduct, that does not necessarily mean that a malpractice case cannot be successfully brought. I am in Jacksonville and would be happy to discuss your case in greater detail if you would like to give me a call.

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    Frank’s Answer

    If the doctor in fact directed the hospital to perform an MRI on the wrong area of your body, you could arguably sue him for negligence and ask for your co-pay amount as damages. The problem for you would be that suing a physician for medical malpractice is both very technical and an expensive proposition. The cost of your suit would likely be far more than you could reasonably expect to recover from the doctor, even if you win. You can also expect that the doctor may claim that an MRI of the hips was necessary because you either reported some pain in that area or the doctor suspected that some of your low back pain was possibly referred pain from the hip area (thus making an MRI of the hips appropriate).

    My best suggestion is that you schedule another appointment with the doctor to follow-up on your problem and at that appointment explain what happened and ask him to "do the right thing" by paying the copay for the incorrect procedure. If he declines, you can report his conduct to the Florida Department of Professional Regulation but there is little else I think you can reasonably and economically do.

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  • If a colonoscopy is thought to be the cause of septic shock, is there any legal recourse?

    In April i went into septic shock, the Doctor at Yale (did not perform colonoscopy) could not overlook a colonoscopy I had 3 months earlier. I had developed a 3 inch abses on my liver which burst on April 17th. Also as a result of septic shock no...

    Frank’s Answer

    I assume the colonoscopy was performed in Connecticut based on your description. I am not a Connecticut lawyer so the advice I can give is only general advice applicable to many malpractice cases (but it may not be specifically applicable to yours). Perforation of the colon during colonoscopy is a recognized risk of the procedure. If the colon is perforated, this can lead to sepsis (a severe systemic infection) and septic shock. You do not specifically indicate that a perforation occurred but your message suggests the doctor is suspicious that it did.

    Even though perforation is a risk of colonoscopy, this does not mean a doctor will have no liability for the perforation. It is important to know where the perforation occurred, what type of perforation occurred, etc. It is also important to analyze what testing was done after the colonoscopy to determine if there were any leaks after the procedure.

    If there is evidence of a perforation to the colon, I would suggest you contact an experienced medical malpractice lawyer in your state to further analyze your case.

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  • Medical malpractice, 12month old baby boy,

    took my 12month old to the doctors for his check up but also he had like an infection in his nose. the doctor looked really quick like 2 seconds, said oh its a pimple nothing to worry about. the next day we had to take my son to the emergancy room...

    Frank’s Answer

    Because you live in Alabama, I am assuming the case also involves treatment of your child in Alabama. Since I am not an Alabama lawyer, I cannot specifically advise you on Alabama law but can tell you a bit about principles generally applicable to malpractice cases. If you have specific questions about your rights, you should talk with an attorney licensed in Alabama.

    In general terms, a malpractice case can be brought when a doctor is negligent and that negligence results in damages. You must generally show that a doctor was negligent by having another medical doctor review the case and provide testimony (or sometimes an affidavit) indicating that the treating doctor was negligent and that this negligence caused the child's injury. This can be costly because few medical experts work for free. As a general rule, unless there is significant permanent injury, I generally counsel people to be very cautious about bringing a medical malpractice claim. The costs of the suit (including medical experts) together with attorney's fees can sometimes far outweigh the potential damages you could hope to recover. You may also want to give some thought to filing a written complaint with the licensing board in your state which licenses medical doctors. Once again, however, if you are serious about having this claim evaluated under Alabama law, you should seek specific guidance from an Alabama lawyer.

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  • Car accident-three years too late to sue?

    My friend was in a car accident (she was walking on the sidewalk and a car hit her) that left her with a crushed foot, a hurt leg and bad back. It's been three years from then and she wants to sue. Is it too late to sue someone when it was three ...

    Frank’s Answer

    You do not say in which state this accident occurred. This is very important because, in most cases, the law of the state in which the accident occurred will govern the applicable statute of limitations. The statute of limitations is the period of time after an accident within which an action must be brought. If you don't file a lawsuit in that period of time, your claim is waived. In Florida, where I practice, the statute of limitations is 4 years. If this is not a Florida case, you should contact a lawyer in your state immediately to advise you of your rights and the applicable statute of limitations. If the statute has not yet run, your friend may very well have a case which can be brought.

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  • Can a parent sue doctor for malpractice for prescribing growth hormone to our 12 year old son

    3 years ago my son was 12 y/o and a doctor recommem him to use grownth hormone due to short stature but other doctor didn't recommemded and said us everything is normal and we listened him. Now my son is shorter than as supposed to. Can I sue doctor?

    Frank’s Answer

    You are a Michigan resident (and I assume your case involves Michigan doctors) so the first thing you should do is familiarize yourself with the Michigan statute of limitations. I am a Florida lawyer so I cannot give you specific advice on Michigan law but I can comment on general legal principles applicable to malpractice cases. You should, of course, consult directly with a Michigan attorney for specific guidance.

    Use of growth hormones to increase the height of children is somewhat controversial in the medical field because there can be negative side effects associated with the use of these drugs. You do not say how short your son is or how old he is so it is more difficult to comment on whether hormones were an appropriate treatment. How long ago the doctor recommended no hormone treatment also may impact the statute of limitations. Are there any other physical problems your son is having other than being shorter than average? Certain physical conditions can make use of hormones contraindicated.

    My best advice is for you to see an endocrinologist with your son. Often it is advisable to get a consultation outside of your local area because local doctors are frequently hesitant to be critical of other local doctors. A physician associated with a university medical school or associated teaching hospital may be a good choice. Ask his/her advice on current treatment options, whether earlier hormone treatment would have been advisable, and whether such treatment would likely have had an impact on your son's rate of growth. If those responses are favorable, you should immediately seek a consultation with an experienced Michigan malpractice attorney.

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