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How do I file a complaint?

 
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  • Answered by:LawTalk
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Customer Question

How do I file a complaint?

 

Optional Information:
State/Country relating to question: Florida

Submitted: 312 days and 13 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED
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Expert:  LawTalk replied 312 days and 12 hours ago.

Good morning,

I'm sorry to hear of the situation.

I'm unsure what you are asking. If you are asking how to file a lawsuit----I need to ask where to begin. Asking that is the equivalent of asking how to practice law, in a limited sense. You must draft the complaint, file it with the court by taking it to the court clerk, have other party served with it and then enter the discovery phase.

Or are you perhaps talking about a complaint that does not involve a lawsuit---at least initially.

Please explain what you are trying to accomplish and I will do my best to assist you.

Doug

Customer replied 312 days and 11 hours ago.

Compalint without a lawsuit.

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Expert:  LawTalk replied 312 days and 11 hours ago.

Thank you. Who do you want to file a complaint against, and why?

Doug

Customer replied 312 days and 11 hours ago.

Did you review my initial question? Apparently a different attorney responded.

I am considering a complaint against the Vascular surgeon who operated on me to contain a AAA back in August, 2004. That sugery was fine until April of 2010. It was discovered that the grafts had slipped and were in need of repair a second time. The surgery could not be done until October of 2010. I received a second opinion from another Vascular sugeon who advised that I could lose a kidney or my life with this new surgery. He suggested a bypass around the renal artery which would have saved the kidney. I then discussed the procedure with my original surgeon, who assured me that there would be no loss of a kidney and that this procedure was simple. The surgery went forward and the renal artery feeding my right kidney was so obstructed by his new graft, that it atrophed in short and was then gone. He also mistakingly cut into my femoral artery csusing partial loss of use of my right leg. Shortly after my first follow-up scan, I asked for an answer as to why I lost my kidney, etc. He refused to answer, and just said to discuss it with my family Doctor. My family Doctor was not there during this surgery. He could not help me!

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Expert:  LawTalk replied 312 days and 11 hours ago.

Good afternoon,

Your initial question was not in front of me---so no, I did not review it. Some people have hundreds of questions in the past and reviewing multiple questions is just not practical. You have asked more than a dozen questions in the past, yourself.

Thank you though for the additional information.

Are you wanting to file a complaint with the state medical board? Do you want to pursue a medical malpractice complaint/lawsuit?

What specifically can I help you to accomplish?

Doug

Customer replied 312 days and 10 hours ago.

I would like to be compensated for the price of a kidney and loss of use of my leg. However that can be done in the easiest and fastest manner, that is my desire.

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Expert:  LawTalk replied 312 days and 10 hours ago.

Good afternoon,

You are talking a lot more than a complaint here---you are talking about a claim for damages, and likely a lawsuit for Medical Malpractice. I have handled cases like this over the years and I can tell you that there is no reasonable possibility that a lay person can do this on their own.

You will have to retain a local Medical Malpractice attorney to handle this for you. Based on your statement of facts, it appears though that you have a meritorious claim, and you should not have a problem finding an experienced attorney to handle your claim, and the likely lawsuit, on a contingency basis.

A claim will first be made to the physician---who will presumably pass it on to his insurance company. Your attorney will need to get an expert to review your case and render an opinion before a lawsuit may be legally filed. This is a horrendously complicated and expensive type of case to take to trial---the litigation costs along generally run $100,000 or more---and the attorney will advance those costs for you.

If you will give me the name of the town where the doctor did the surgery, I will get you a list of medical malpractice attorneys and law firms that handle cases like yours, for you.

You may reply back to me using the Continue the Conversation link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug

Customer replied 312 days and 10 hours ago.

Jacksonville, Florida, Memorial Hospital

Accepted Answer

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Expert:  LawTalk replied 312 days and 10 hours ago.

Good afternoon,

We are almost neighbors---I am in Savannah!

Here is that list I promised you:

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?stype=BY_ADDR_OR_ZIP&keyword=medical+malpractice&location=jacksonville%2C+fl&target=FIRM&language=Select+a+language&submit=Find+lawyers


You may reply back to me again, using the Continue the Conversation link, if you have additional questions.

Please recognize that the rating system only gives me credit for working with you when you click one of the 3 stars/faces on the right (positive rating). Also, kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear.

I wish you the best in 2012,

Doug

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 100.0 %
Accepts: 299
Answered: 6/20/2012

Experience: I have 27 years of litigation experience

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