Legal Question in Medical Malpractice in Florida

I live on the west coast of Florida and would like to know if I have a case. My husband and I recently moved here from NJ where my husband was under the care o a cardiologist as well as an internal medicine doctor. When we went to a doctor here in Florida he was told that he didn't need to go to a cardiologist. That was within the last year. Today, I'm sitting in the waiting room of The Pepin Heart hospital in Tampa, FL. My husband is having quadruple bypass surgery. I am so upset. I feel that this doctor should be liable. Please advise.


Asked on 2/29/12, 6:52 am

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

I am very sorry to hear about what is happened to your husband and you. Medical malpractice cases are very complicated. The first question one has to ask is whether there was any negligence, and the second question is whether there are any damages resulting from the negligence. There also was the question of "so what." Which is a typical defense in these types of cases. For example, heart disease is usually not something that occurs overnight. Although I do not know exactly why your husband is having surgery, I assume it's because he has hardening of the arteries. The defense will argue that your husband had to come to this type surgery anyway. So even if the the doctor was negligent, what difference did it make? This is the "so what" defense. In short, he would've had come to the surgery anyway.

Now of course I'm just guessing on what happened. In order to evaluate medical malpractice cases, the lawyer needs to review all of the medical records as well as have an expert review the records. This is a time-consuming and costly endeavor. I strongly suggest that if you do feel there is medical malpractice here, that you consult a lawyer who practices medical negligence. Please see my website www.FL � PI � Lawyer.com for a discussion on medical malpractice in the state of Florida.

I wish you and your husband the best.

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Answered on 2/29/12, 7:07 am


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