Legal Question in Medical Malpractice in Florida

My 84 year old mother complained of severe right upper quadrant pain. She was taken to the ER and admitted. They did various tests and did not find anything wrong. They did not treat her for the pain, did not call for a GI consult, did no further tests. They did treat her for dehydration, and completely stopped the lasix which she needs for Congestive Heart Failure, as well as other daily medications. After 2 days, they called me that she was being discharged. I went to pick her up and she was breathless, in pain and crying. She would not stay a moment longer. I tried to calm her down, she only wanted to "go home and die in her own bed". They did not prescribe anything for pain. I gave her lasix when she came home, along with a pain killer that she already had. I stayed up all night and assessed her. (I am an RN) Early the next morning, when she was calm, she agreed to go to a different hospital. Within an hour, she was diagnosed with acute cholecystitis and needed emergency surgery, however she had been put in heart failure by the other hospital by stopping her lasix and flooding her with fluids. She was able to have the surgery the next day, but experienced a paralytic ileus due to the whole ordeal, and was and continues to be in great pain. I have had to stop work to care for her, and have had to take leave without pay through FMLA and do not know when I will be able to return. It has been a nightmare and I don't know when it will end. She does not seem to be rebounding and cries often. She has not been treated right and suffered from poor care. What can I do for her?


Asked on 11/30/09, 10:26 pm

3 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

What the steps are for medical malpractice are set out in www.ConsumerLawyerHelp.com under medical malpractice. You can file a complaint with the state also. See links in web site for this. Want to know the law without going to law school? Protect yourself against ripoffs? Sign up for a free legal newsletter on various areas of consumer law by going to www.ConsumerLawyerHelp.com.

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Answered on 12/05/09, 10:55 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Not much. The Republican controlled legislature in Florida has stacked the deck against medical malpractice victims like your mother. People wanttort reform. Well we already have it in Florida and as a result many claims like yours can't be pursued. The legislature calls them frivolous. Sad but true.

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Answered on 12/05/09, 11:35 pm
Tami Diebel The Plaintiffs Law Firm

Call me. 407-637-5890

Let me take a look at your case and obtain the medical records from your mother's initial hopsital visit. While you can look at the process, I know the process. There are several things we can do to assist you. While it is true, a medical malpractice case is expensive, there are still attorneys who will work with you to right the wrongs that often occur in medicine. As an RN, you obviously know that medical malpractice suits occur all the time. You are also aware that there are very good doctors out there (and very bad doctors out there) and all types of physicians in between. You will need an attorney to review this case and you only have a 2 year statute of limitations, which may seem like a long time, but it really is not. Call me.

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Answered on 12/07/09, 11:06 am


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