Legal Question in Legal Malpractice in Florida

I had shoulder surgery (workers comp) and was given a nerve block in the neck by a resident under another physicians guidance. I was not told he was a resident. I have swelling and pain at the neck and pectoral area. My surgeon has viewed it under ultrasound and there is lymph node tissue damage. From what I gather, it cannot be reversed and can cause future issues. It is also impeding my PT for my shoulder because of the pain. What can be done?

Asked on 7/23/13, 3:46 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

First you need to have another address whether this tissue damage was due to negligence or not. I assume you mean the treating physician and medical malpractice not legal malpractice as the case is listed. Second the same doctor needs to address whether this is permanent and what the continuing damages will be. Third contact a medical malpractice expert if the answers to one and two are yes and significant.

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Answered on 7/23/13, 6:45 pm

Angelo Marino Angelo Marino Jr. PA

Medical malpractice cases depend on three issues: 1. Was there negligence. 2. did the negligence cause the injury. 3. is the injury significant enough to make the case worthwhile to pursue in the long run.

The last issue is the most difficult issue and one clients have a hard time understanding and or appreciating. Medical malpractice cases do settle, but ususally only after great expense. Most cases are not worth pursuing unless the value of the case is worth at least $500,000. The reason for this is because of the cost (most cases cost between $75,000 and $150,000), the time, and the net results to the client and the lawyer.

For a more detailed discussion of this matter, see under medical malpractice.

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Answered on 7/24/13, 6:40 am

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