Legal Question in Medical Malpractice in Florida

Medical-injured result of surgery

Do I have any rights regarding a physician making a mistake during a hysterectomy and my ending up having 2 subsequent surgeries in order to correct. In the meatime, I lost my position with my company at the time having to choose another position $5 less per hr. and as a result had to find another job in order to make ends meet. This all started a trickle effect and hurt me financially. Do I have a right to fight for punitive damages?

The first surgery was in Nov. 07, 2nd surgery Dec. 07 and 3rd surgery Feb. 2008


Asked on 4/01/09, 12:59 pm

2 Answers from Attorneys

Ibis J. Hillencamp Law Offices of Ibis J. Hillencamp, P.A.

Re: Medical-injured result of surgery

I am very sorry for what you have had to go through. We would like to obtain more information in order to give you a correct answer.

Our firm has been handling medical malpractice claims for over 20 years. You may have a claim for medical negligence. Please call or email us.

Thank you

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Answered on 4/01/09, 3:28 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Medical-injured result of surgery

It depends on whether the mistake was negligent or not. You would require the sworn testimony of another doctor to that effect.

You have no right to punitive damages unless you can prove that the doctor intentionally hurt you. There are no punitive damages based on negligence or a mistake as you describe it.

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Answered on 4/02/09, 12:09 pm


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