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Do I need an attorney for medical malpractice? After I was hit by a semi I had to have my leg amputated. What happened later...

Lake Mary, FL |

I'm not going after the doctors,, but, Dec.,8. 2008 a hospitol discharged me after my 4th amputation with no medicaton and i ended up with ostiomatiomalitis (a deadly deasese) and had a 106 fever, staph infection, multiple blood transfusions and was admitted to the hostpital for 8 months and it really effected my children. The hospital gave me the wrong medication(allergic to, some that almost made my heart stop). Was transfered to a nursing home and getting relapse getting merser and hepititus b.

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Attorney answers 6


If this happened in Florida, the statute of limitations has expired.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website


Agree with esteemed counsel here that if your case occurred almost 5 years ago, then you have a real statute of limitations problem, as well as statute of repose lapse.

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You need to immediately consult with a local medical malpractice attorney who can examine all of the facts and the records.


Looks like there is a statute of limitations issue, so contact a lawyer in your state to check.


Sorry you went through this experience. If this happened in Florida, and your dates are accurate, then I am afraid that any claim will be barred by the Statute of Limitations/Statute of Repose. Florida Statutes Sec. 95.11


First, let me simply and sincerely say that I am so very sorry for all that you have had to undergo as an immediate result of the accident in which you were involved itself, and then the incredible series of tragic events that you later endured, as well. You must be a truly amazing person with an incredibly strong will, and for that you should be commended.

While I agree in very part with most of what my very knowledgeable colleagues have already conveyed to you, I must note one potential point of disagreement. It is highly speculative and would require an immediate review of the records relating to your admission to the nursing and rehabilitation center which you characterized as having occurred "eight months later". It is theoretically possible that you could still have a viable claim against the nursing home if you developed MRSA as a consequence of inadequately formulated; enforced; and implemented infection control procedures and protocol, and/or negative acts or omissions on the part of individual staff members at the facility leading to what is known in the law as "vicarious liability" on the part of the entity for the harm which may have resulted from their potential negligent conduct. For any claim against that entity during the relevant time period which you described, your particular situation would also have to be of such nature that the "statute of repose" would be applicable in this matter under its unique circumstances and that may or may not be true. However, as I analyze the scenario which you have described, I can not rule out the possibility that your potential claim against the nursing and rehabilitation facility is viable at this time. However, even if viable at this moment, it could expire in the very immediate future; therefore, it is imperative that you have those records reviewed immediately. I can also advise you, unfortunately, that having handled thousands of nursing home cases in the State of Florida over the twenty years in which I have practiced, these facilities frequently go to extraordinary measures to delay the production of the documents which require immediate review. Accordingly I once again stress that if you wish to have this matter investigated, you take immediate action in the absolute sense of the word.

My very best personal regards and best wishes to you,

David B. Dohner, Esq.

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