Legal Question in Medical Malpractice in Florida

Went to GYN and had problems with pain and irregular and excessive bleeding. He told me because of my age, I was to old to go back on pill. I believe I was 48 at the time. I had to almost beg him for an ultrasound test to find out, but he made it seem that it was not necessary..I had the test done maybe 9 months later because everything got worse, went to him for PAP and results. The test came out that I had a fibroid on the outside, and another either a polyp or fibroid on the inside of uterus. He got the results and told me" Oh thats normal, and I told him about the pain and abnormal bleeding. He just said well we could to this, but you have two years left on your ovaries. I went to see another Doc and had the D+C like the report suggested to the other Doc, that did nothing. I now have pre cancerous cells and have two choices A hysterectomy, or take pills and if that don't work then she suggested a hysto. I am so pissed that this Doctor made me feel like a washed up old person. Now i have pre-cancerous cells . I am pissed. Do I have any recourse. I will have to have a hysterectomy now because I do not want to wait with the wait and see. My Doc now is awesome. But I am pissed, because if I was some stupid person then evntually I would have had cancer. What can I do.


Asked on 6/24/10, 5:39 pm

1 Answer from Attorneys
Angelo Marino Angelo Marino Jr. PA

The question is whether the delay caused you to have pre-cancerous cells and what damage if any are a result of the delay. This would be a very hard case to prove and, if the hysterectomy resolves the issue, then there is no real permanent damage. See my website on medical malpractice to get more insight into this area of the law. Unless I am missing something, it does not appear to be a case i would handle. Remember there is a 2 year statute of limitations. See my website on this and Florida Statute 95.11. Website www.FL-PI-Lawyer.com

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Answered on 6/25/10, 9:24 am


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