Legal Question in Medical Malpractice in Florida

Mecical Procedure

I rently had an MRI Guided Breast Biopsy at a hospital in South Florida. During the procedure the IV with the contrast broke in my face twice. When they finally did the procedure it took over 2 1/2 hours and bleeding for 2 days. They also had to stop the procedure to redo the IV which feel out of my arm. Can I litigate the hospital for this?


Asked on 5/01/09, 4:28 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Mecical Procedure

Sure -- but the laws in Florida make this type of case economically impossible to pursue. The legislature, at the beheast of the doctors, hospitals, and insurance companies, have passed laws that make if expensive and difficult to sue. Your case would fall, therefore, into the catagory that the majority in the legislature would label as "frivolous." Efforts to change these laws have for years been stopped by the Republicans, wh still try to pass further restrictions that would put more and more legitimate claims into their "frivolous" catagory. Remember next time you vote.

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Answered on 5/02/09, 1:36 pm


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