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.
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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. This answer does not create a legal relationship.
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.
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.
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.
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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.
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.
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