Skip to main content
Kenneth Joseph Bush
Avvo
Pro

Kenneth Bush’s Answers

257 total


  • Is the insurance company of the at fault party liable for any claims of medical malpractice in their settlement?

    In Florida as the result of injuries sustained in an auto accident had a knee replacement that had to be revised, with a second replacement, apparently due to malpractice. In your opinion(s) what is the best way to proceed? Have been told the med...

    Kenneth’s Answer

    I assume what you have been told is that the original tortfeasor (the one who caused the car crash) is also responsible for any malpractice during the treatment of those initial injuries. This is correct. If it is at all possible you should try to collect your full damages from the car crash case, because malpractice cases arising out of these circumstances are extremely difficult. Please bear in mind that if you do enter into a settlement in the car crash case, and you still want to pursue a malpractice action, your car crash case release must make very clear that it does not include any malpractice damages, that you have not been made whole by the settlement and that it is your intent to pursue further damages. Best wishes.

    See question 
  • Is this too late? Past the statute of limitations? Is this a malpractice lawsuit? Thanks,

    Here is what happened. In August 2011 I had a c-section. I got extremely sick afterwards with blood clots in my incision and then they found e coli in my bloodstream. I had to have a pick line and was in the hospital for 2 and a half weeks receivi...

    Kenneth’s Answer

    If this happened in Florida, then I am sorry to tell you that yes, it is too late to bring a claim. Florida Statutes 95.11 provides 2 years from when you knew or should have known of an injury potentially caused by malpractice, but in no event, absent fraud, more than 4 years from the date of the negligent act. Best wishes.

    See question 
  • What is my next step legally?

    Hello, My sister (at age 33) passed away from a "exo pancreatic cyst rupture" which caused peritonitis 13 years ago. I was, and still am a critical care, trauma, rapid response, flight, and administrative nurse. I truly believe, personally and ...

    Kenneth’s Answer

    i'm sorry for your loss. If this death occurred in Florida 13 years ago, then I am sorry to tell you that the Statute of Limitations has long since expired. (Florida Statutes 95.11). Best wishes.

    See question 
  • Should I follow up with a wound care specialist about this burn and seek legal counsel?

    This past Monday I went in for a D&C and Tubal Ligation after having a miscarriage. The procedure went well however when I woke up in recovery, the nurses were showing my Husband a burn mark located on my upper abdomen just underneath my right bre...

    Kenneth’s Answer

    I'm sorry this happened to you. By all means, get the follow up treatment with a wound care specialist. Ideally, your wound would heal such that any claim would be unnecessary. It does not sound like you have sustained the kind of damages normally necessary for medical malpractice litigation, but if you truly find the scar to be hideously unsightly, you should consult with an experienced medical malpractice attorney who will give you a no cost evaluation. Best wishes.

    See question 
  • Would I be able to sue for medical malpractice for having Pitocin administered without my consent and it causing uterine rupture

    I was administered the drug Pitocin while in labor. After almost 12 hours, at my request, I asked to have a c-section. While performing the c-section, the doctors discovered that my uterus had ruptured and my baby was not breathing. After a few mi...

    Kenneth’s Answer

    I am sorry you went through that ordeal. Your question deserves further investigation. The only way to truly know would be by consultation with an experienced medical malpractice attorney, preferably one with knowledge of obstetrics, who will obtain your medical records for review by the appropriate specialists. Best wishes.

    See question 
  • Should the first doctor be held liable for misdiagnosis or should the urologist be held liable for negligence?

    29 yr old goes to a florida hospital on a Sunday morning because he felt pain in his testicular area the night before. He gets to the hospital and they examine him 2 hours later. The diagnosis comes back as epididymitis in the left testicle. He is...

    Kenneth’s Answer

    Sorry this happened to you. If in fact you had testicular torsion the case may be difficult, because even if the doctors gave below standard treatment, you have to be able to prove that appropriate treatment would have changed the outcome, and with testicular torsion there is a very short window of time within which treatment will be successful. The only way to know for sure is by consultation with an experienced medical malpractice attorney who may obtain your records for review by the appropriate medical specialists. Best wishes.

    See question 
  • Can we sue for an unnecessary surgery and loss of employment?

    My dad was told he had Stage ll Lung Cancer. His blood work never showed signs of cancer. Believing that he had lung cancer he had the top part of his left lung removed. The doctors then told him after it was just Silicosis. Silicosis can be d...

    Kenneth’s Answer

    The only way to truly answer your question is by consulting with an experienced medical malpractice attorney, who may obtain the medical records, imaging studies and pathology slides for review by the appropriate medical specialists. A determination must be made whether the surgical procedure as below the standard of care and whether your father has suffered significant damage as a direct result. Best wishes.

    See question 
  • Does she have a malpractice case against the doctor and or hospital?

    My wife was in the hospital and they gave her two medications that are not suppose to be taken together, as a result she went into respatory failure and caused her to be in the hospital for a month. She has to be on oxygen now when she sleeps.

    Kenneth’s Answer

    I'm sorry your wife and you have had this experience. The only way to truly answer your question is by consultation with an experienced medical malpractice attorney, who may obtain records for review by the appropriate medical specialists. It will be important to get an understanding of exactly what damages were caused and how extensive those damages may be. Best wishes.

    See question 
  • Can you sue if a doctor has no malpractice insurance?

    Doctor does not have malpractice insurance. Does that mean I cannot sue if there is a problem that happens? I have to sign. Paper stating I understand that according to Florida statue s458.320(5)(g)(1) this doctor does not need to carry insurance....

    Kenneth’s Answer

    Yes, you can still sue even if the doctor does not have insurance. The problem will be finding a qualified attorney to handle the case because many attorneys will not take on a lawsuit against an uninsured doctor because of the extreme difficulty collecting judgments against them in the State of Florida. The lack of insurance is one small sign of a lack of responsibility. I would try to find another doctor.

    See question 
  • How do I get a successful malpractice/negligence case done, as my life as of now has me so stressed out and more depressed !

    Was in an auto accident which I have representation for and getting close to wrapping up most of the issues. While being treated in chiro and phys therapy more pain developed after traction treatments! Was sent to a Orthopedic surgeon they recomme...

    Kenneth’s Answer

    Attorney Kaire is completely correct. Listen to his excellent advice.

    See question