Legal Question in Medical Malpractice in Florida

Rhabdomyosarcoma Mishap

I had visited Tampa General Hospital ER over 10 times in a 4 week period starting February 25th of this year due to Urinary Retention and blood coming from my urethra. There was so much blood I thought I it was my time of the month. During the first visit I was asked if there was anything abnormal I had noticed. I informed the ER nurse that there was a swelling inside the opening of my vagina. They did not check it out because I had said it did not hurt. I was catheterized (over 900 cc's of blood & urine was removed), found out I was pregnant and told to see a urologist. No urologist would see me because of the blood and pregnancy. I had to return to the ER about 2 days later to have the catheter removed. I returned to the ER later that night and many other times to have a catheter replaced or removed. I later was diagnosed with Rhabdomyosarcoma (a rare cancerous tumour that was located in my bladder) after being informed (during my 3rd visit to TGH ER to have catheter removed) of a urological facility at the TGH High Risk Facility. Would I have a case against TGH? The tumour almost doubled in size by the time they checked out the lump.


Asked on 10/06/03, 4:33 pm

2 Answers from Attorneys

Steven Fahlgren Steven M. Fahlgren, P.A.

Re: Rhabdomyosarcoma Mishap

I concur with David in that most attorneys who practice medical malpractice law will not take a case on a contingency fee basis unless the damages justifies the risk the attorney undertakes by spending thousands of dollars on expert witnesses to evaluate whether negligence occurred and to testify against the provider if it did.

Although our firm will not be able to represent you with respect to the above-mentioned matter, your claims may have merit. Therefore, we recommend you immediately seek alternative counsel (perhaps Mike Bailey at (407) 628-2929 who I believe offers free consultations)and act quickly to avoid any statute of limitations or other deadlines which apply to your claims. The statute of limitations for medical malpractice is of critical significance, in that, should you fail to have instituted a law suit or taken some other statutorily approved action to toll the statute of limitations, then your claim would be forever barred. We sincerely wish you the best in the future. Please contact me if you have any further questions or need the names of other attorneys who may be willing to discuss your potential matter with you. My telephone number is (407) 852-1711.

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Answered on 10/08/03, 11:10 am
David Slater David P. Slater, Esq.

Re: Rhabdomyosarcoma Mishap

Since their misdiagnosis did not cause the tumor

your only claim would be if you could show your damages were incurred due to their delay. Generally, medical malpractice actions are not pursued unless the damage is extreme.

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Answered on 10/06/03, 8:04 pm


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