Medical Examiner did NOT follow state sanctioned protocol. Refused to and has never spoken to me since my child's death. FL ME Commission Board is investigating my case. They previously investigated & did audit of my district - 300 cases with almo...
Was the child born alive? If not, Florida does not recognize any claim.
Did you get her hospital and medical records? Was there concealment in the records (as opposed to the autopsy) of the true cause of death?
What specifically was the malpractice? That is, what diagnosis was missed and why?
Here is the statute of limitations for the claim:
"(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child's eighth birthday."
§ 95.11, Fla. Stat. Ann.
So, the case has/had to be brought by the two year anniversary of the death, or four years from when you knew or should have known of the malpractice (that implies collecting and reviewing the medical records by then). If you just learned of the malpractice (and that has nothing to do with not obtaining the medical records and just relying on the autopsy) you may have a case. Whether or not you do have a case involves an analysis of the reasons for the death.See question
Here is the letter from the appeals court. ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled appeal should not be dismissed for failure to co...
Buy a copy of the date-stamped order from the clerk. Buy copies of motions for new trial or rehearing. Send them all to the appeals court with a filing explaining why you did not comply earlier.See question
A car slammed into me as i traveled far right ln. When i filed claim w ins they denied as she alleged i changed lanes and she hit me which was untrue. The damage is to the left back of my car amd her front right. If i changed lanes from a left lan...
Of course, you could have been attempting to change lanes from right to left when you were hit from behind. The physical evidence supports either scenario. It looks like you are going to have to either put this through your own collision coverage or sue.See question
Apparently he was skateboarding, and as he crossed the street, he heard the car accelerate and was hit. The police officer sided with the Navy guy of course and gave my son a $65.00 citation. I am thinking that whatever the case, the driver need...
Whether he has a good case depends on liability, which in this matter, means negligence, or the failure to act reasonably. For example, if your son darted out immediately in front of the slowly moving car, there is no liability, but if the driver was moving fast, talking on his cell phone, and hit your son in the cross-walk, there is great liability. So, yes he should see a lawyer.See question
I was hit by a truck in Bradenton. I decided to travel by bus, regardless of my injuries. Due to stress, I became confused and do not recall two days worth of travel. I ended up as a baker act some 500 miles from where I embarked. I did not kn...
It doesn't sound like you damages are large enough to justify the tens of thousands of dollars and hundreds of attorney's hours to bring a medical malpractice claim. There may be a valid car crash case in there somewhere.See question
On Aug 8th I was involved in a 3- car accident. It was not my fault. Driver blew through a red light and we collided then she hit another pick up truck. After the hospital I was hooked up with a personal injury attorney. Nothing has been done. I h...
"I was hooked up with a lawyer" does not sound good. What does that mean? Anyway, if you do not like your lawyer, get a new one.See question
AT&T is installing U-Verse in our neighborhood. An orange fiber optic termination cable was left in our yard and was partially covered with a blue tarp. The tarp was weighed down with rocks. My husband was mowing the yard yesterday and his foot...
I don't know why you would have to notify AT&T. But, as a lawyer to find the right defendant, I would ask my investigator to go to the scene and ask the workers for whom they worked, or perhaps look for construction permits, or make some phone calls.See question
My son is now 8months old and he has to be re circumsized and he has a birth defect called Hypospadias my question is could I sue his doctor for not only messing his circumcision up but for blowing me off every time I told him bout his condition
It seems a case is unlikely. The Hypospadias is a common birth defect, not caused by the pediatrician, The failure to notice it caused no damages as it can be repaired now as well as it could have been then. Assuming the re-circumcision is associated with the corrective surgery, I see no damages CAUSED BY the pediatrician.See question
my company was served a complaint but the person who received it did not inform me due to ulterior motive. now the amended complaint is being sent by First Class Mail, Is it proper
Probably. If the original complaint was served properly, or if your company waived improper service by moving to dismiss (not raising improper service), and the original complaint was dismissed, it can be amended and served by mail. The plaintiff can also amend once as a matter of course before your company answers, but in that case your company would have to re-served properly (unless you waive it).See question