Legal Question in Medical Malpractice in Florida

Can I sue a Nuerosureon for missing a Brain Tumor on an MRI and an MRI report (where it was clearly stated) . It was diagnosed (By the MRI and MRI Report) in 2006 and my Nuerosurgon failed to diagnose it untill 2009 and then it reqired surgery and extensive radiation. He has no malpractice insurance.


Asked on 12/30/09, 6:23 am

3 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

See my discussion of medical negligence on my website www.ConsumerLawyerHelp.com. What are the damages as a result of the failure to diagnose the tumor is the issue here. If I can be of service, let me know. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.

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Answered on 1/04/10, 6:52 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Yes -- you can sue; however, these types of suits are difficult and expensive. The Key issue will be what lawyers call the "so what" defense. That is, had the tumopr been discovered earlier, what difference would it make. If you do wish to pursue this you will almost certainly need a lawyer as there are special laws that protect doctors and they are complex enopugh that it is virtually impossible for a non-lawyer to navigate the hazards.

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Answered on 1/04/10, 8:38 am
Steven Meyer CPLS, P.A.

These are difficult cases. The situation is made more complicated by the fact that the doctor has no insurance. Our office is in Boca Raton and we offer a free initial consultation. We would be happy to discuss the situation with you.

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Answered on 1/04/10, 10:47 am


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