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My wife had shoulder surgery and 2 hours later had a Heart…

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My wife had shoulder...

My wife had shoulder surgery and 2 hours later had a Heart Attack, The hospital put a call out to the Cardiology group on call. We informed the nurse, that we wanted another group that we had a relationship with. It was a Holiday week, A doctor attempted to do a Cardiac Cath through the right groin. My wife had had right knee replacement 6 months earlier and the left shoulder. She was unable to lay still and the dr. insertion of the cath, hit the Femoral artery Nerve. 3 years later still severe pain on outside of right thigh. No procedure has been able to relieve the pain. The issue was the Doctor who proformed the procedure was a coving doctor and could not put in stents. The following week, our cardiology group did the procedure thru her wrist. Do we have a mal practice claim against the covering doctor.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: Has anything been filed or reported?

We have seen several doctors and no relief. We are using same Cardio group and they are aware

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
9/29/2017
Employment Lawyer: Ray, Employment lawyer replied 7 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 47,041
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 7 months ago

Here in Florida, you must start the lawsuit within two years of discovering the injury (or when you should have discovered the injury) or, at the latest, four years from when the malpractice occurred. In other words, even if you couldn’t have discovered the injury within four years, the case will be thrown out if you sue the health care provider more than four years after he or she caused the injury.

The only exception is for the care provider’s fraudulent concealment of the malpractice, i.e. intentionally deceiving you so you don’t discover the malpractice. In that event, the statute of limitations is two years from when the injury was finally discovered or seven years from when the malpractice occurred.

The statute of limitations does not apply to a minor if the case is started on or before his or her eighth birthday.

The basic laws for Florida Medical Malpractice Statute of Limitations can be found at Fla. Stat. Ann. § 95.11.

You have good facts here, you need to talk to a lawyer asap and see if lawyer can argue around the statute of limitations here.

Please consult with a lawyer here quickly, you can locate one here.

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Florida statutes authorize different caps on damages in medical malpractice lawsuits, including a $500,000 cap on non-economic damages (which includes compensation for "pain and suffering") in medical malpractice lawsuits against most health care practitioners, and a $1,000,000 cap on non-economic damages if the malpractice resulted in death or a vegetative state. (Fla. Stat. Ann. § 766.118.) But in June 2017, the Florida Supreme Court ruled that these caps "arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries," and struck down any statutory limits on non-economic damages in medical malpractice lawsuits, holding that they are unconstitutional.

If you can get around the SOL as you can see you may have a great case.

I appreciate the chance to help you, so sorry you have had to deal with this.

If you can positive rate 5 stars it is much appreciated.

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Category: Employment Law
Satisfied Customers: 47,041
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