Legal Question in Medical Malpractice in Florida

Can I sue a orthopaedic surgeon I went to him 3 times he sent me to therapy stating Im not a candidate for surgery. He sent me to therapy connected to him for 3 months. I had surgery the doctor found 4 things wrong with my ankle /foot I'm in a cast 5 weeks, then boot, and therapy again. I had self injections, breathing treatment, pain pills, knee walker, and pain and suffering.


Asked on 6/21/16, 2:00 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Unless the physician did something which failed to meet the prevailing standard of care, than you have no claim. If he/she did than you would need to have damages associated with that failure. What you are describing is a physician believing conservative care is the better method for treatment and not surgery. Another physician did the surgery and confirmed things that needed to be corrected. This does not sound like malpractice only a difference of opinion on how to treat the problem. Have your medical records reviewed by a malpractice attorney to make sure how your facts fit within the law.

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Answered on 6/21/16, 3:03 pm


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