Legal Question in Medical Malpractice in Florida

I am 42 years old and was diagnosed with breast cancer. I had a double mastectomy and breast tissue expanders put in on 2/19/14. I had redness and swelling on my right side as well as low grade fevers up to 101.7. Doctors advised me not to go to hospital unless it reached 102. I was put on multiple oral antibiotics, I had 2 ultrasounds that showed no fluid, so I was treated for an infection. I begged to be put on IV antibiotics but Md said it would not do any good. So after 2 months of pain redness swelling and 3 antibiotics together at any given time, Doctor finally took out right tissue expander and would not replace it on 4/16/14. I was told it was a pocket (seroma) States he will not replace it for at least 6 months. So I sit here with 1 side that's looks like it has been put through blender. At my oncologist appointment today I received the pathology report that my plastic surgeon did not share with me. It stated that the expander had a 1.5 cm slit in the device. Could it be faulty or is it from the surgeon.If the device was leaking it can cause infection. Is my plastic surgeon covering his but, is this common? I was not informed about this (slit) so frustrated this did not need to be long and drawn out. I have had to put my life on hold. Now I will need to wait 6 months.


Asked on 4/30/14, 8:48 am

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

I am very sorry to learn of your situation. Dealing with the threat of CA is bad enough. Unfortunately, you will need to wait until your situation reasonably resolves itself before you can adequately evaluate the matter. Negligence is just one issue we medical malpractice lawyer look into. You must also have significant injuries and damages to pursue a case in med mal. This issue will take time to evaluate in your case. Remember, however, there is a two year statute of limitations in med mal cases. See www.FL-PI-Lawyer.com for a more detailed explanation of med mal in Florida.

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Answered on 4/30/14, 9:22 am


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