Legal Question in Medical Malpractice in Florida
medical
my father was under the supervison and being tested for pancreatic caner dr had referred him to wait for a machine that can blow up the non cancerous tumor with sound waves but the wait was to be a year. While th wait dr was monitoring my dads condition. He kept having pain which grew threw time and was losing alot of wait. dr put my dad on pain meds and some meds for th epancrease. This year he was dignosed with pancreatic cancer and a week later he died. I have requested several times for my fathers medical record and the drs office has not responded via phone or mail.
2 Answers from Attorneys
Re: medical
Sorry for your loss. Pancreatic cancer is typically very aggressive and symptoms often do not materialize until the cancer is too advanced to do anything. That is why there are very few successful med mal claims arising from panceatic cancer. That said, teh doctor has to provide you with records as long as you follow the baisc proper procedures for requesting them. Sometimes they require the request to come from a Personal Representative appointed by the probate Court. They will always require a proper HIPPA compliant release. If the doctor's office is being non-responsive, contact the Florida medicla board and file a complaint. Remember that most states have statutues of limitation. So, if you are planning on pursuing anything, dont delay...
Re: medical
You will need to consult with a lawyer about this. In Florida, if your father was not married and if all the kids are over 25 years of age, the legislature -- "in its wisdom" -- and at the behest of the lobbyists protecting the medical prodffession prevents any lawsuit against the negligent physician. Great system, huh?
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