Legal Question in Medical Malpractice in Florida

I will keep this short. I have battled a neurological illness for 3 years. I was given 3 MRIs by 4 neurological teams. This past neurologist, with radiologist confirmation, found a marble-sized growth in my frontal lobe. 3 missed it. It was in all films. Imagery in all arrays being one of several of my areas of expertise, allowed even me, to easily see the anomaly and ask what it was without it being pointed out once I was shown the films. I have lost my career of roughly 200k per year, my life savings for early retirement, and will be declaring bankruptcy soon. I have cognitive issues, dexterity issues, seizures, problems with speech, walking, strength, severe pain, etc. I was also diagnosed with CTE due to many concussions and fitting every category and tardive dyskensia from wrongful prescriptions by a psychiatrist when they initially categorized this as conversion disorder. I went from an 800 credit score to a 400 score. Their stripping of coverage and paying out of pocket bankrupted me. Can I take legal action? If so, what? Thank you.

Asked on 6/09/16, 1:48 pm

2 Answers from Attorneys

Tina Willis Tina Willis Law - Orlando

Assuming reviewing expert physicians would agree with how easy this was to spot (and it sounds like they would), the biggest issue is whether finding the lobe earlier would have made any difference in the outcome. That's the biggest question expert MDs reviewing your case would consider. You have a potential medical malpractice case. But you need to speak with a lawyer for more careful evaluation. I'd be glad to discuss if you want to give me a call tomorrow. This is not something you will ever be able to do on your own. Whether a lawyer can help depends mainly on that biggest issue -- did missing the tumor in the early stages worsen your outcome? You can call me anytime at (407) 803-2139. You can read more about the issues involved in medical malpractice cases on my website -- But do not delay. All med mal lawsuits involve very short statutes of limitation (2 years from the date you knew or should have known of the medical error), so do not delay in contacting some attorney for further evaluation. Best of luck to you.

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Answered on 6/09/16, 7:23 pm
Angelo Marino Angelo Marino Jr. PA

I am sorry to hear about this. The issues are as follows: whether an expert (someone with the same specialty) feels it was a breach of the standard of care to miss the lesion; and whether the failure to diagnose the lesion has made any substantial difference in the outcome of your care. The defense will argue that most specialist would not have seen it and even if they did it would have not made a difference in the outcome of your treatment. In the 44 years I have handled these types of cases, what I have outlined above are the battle grounds.

Seek advice from an experienced lawyer.

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Answered on 6/10/16, 6:21 am

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