Legal Question in Legal Malpractice in Florida

Due to depo provera I have suffered bone density loss. The costs to take care of this our out of my price range. I originally started it 6 years ago and was told no side effects. She did not follow the recommendations for prolonged use. Is this a claim or am I just screwed?

Asked on 1/04/17, 7:22 pm

3 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

I am sorry to hear about your situation. It is difficult to tell if you have a case or not. Some of the issues to resolve are as follows: You must show that the doctor did not comply with acceptable standards of care. The only way to do this is to have an expert review the medical records. The second issue is damages. Medical malpractice cases are very expensive to pursue. Unless you have a significant disability or loss, most lawyers will not pursue the case. It is just not economically feasible for you and the lawyer otherwise. The next issue is whether the doctor has medical malpractice insurance and if so how much. Finally, the next issue is what is the amount of insurance or Medicare liens there are. All of this must be done, assuming the statute of limitations has not expired.

As you can see, this is not an easy analysis. You need to see a competent attorney who has handled medical cases as soon as possible to preserve your rights.

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Answered on 1/05/17, 4:11 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You list this under legal malpractice but if it exists it is under medical malpractice. Mr. Marino is accurate. failing to warn about side effects is a tough case as it involves oral conversations which can be remembered differently. did you get the medication in original packaging? did it have the appropriate warnings? do the medical records reflect warnings given? have you discussed your upset with your physician? certainly you need to seek legal advice asap as there is a very short statute of limitations and hard to determine when it started to run in your fact pattern.

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Answered on 1/05/17, 6:32 am
Steven Meyer CPLS, P.A.


Bone density loss is a well known complication from depoprovera. There have been many lawsuits filed all over the country against Pfizer, the manufacturer. Any lawyer would need a lot more information from you before suggesting how you should proceed. We would be happy to discuss your situation with you. We've handled these cases before, and I am board certified by The Florida Bar as an expert in civil trial law.

There are strict time limits for filing a case in court. You don't mention in your posting when you stopped taking the shots, but you should contact a qualified attorney right away.

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Answered on 1/05/17, 2:14 pm

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