I have complications from a surgery. Can I sue?
You can file a lawsuit if the doctor or the hospital negligently or unnecessarily
performed the surgery, or you were injured as a result of a surgical error.
However, if the doctor or hospital was not negligent, and the complications
were expected, then you most likely will not be able to sue. “Expected
complications” are usually the kinds of things you hear about when
your doctor explains the procedure, or when you sign a consent form. Each
surgery is different, and the complications that can result vary greatly.
It is therefore very important for you to consult an attorney who is experienced
in medical malpractice.
Can I Sue for a Misdiagnosis?
If you were <a href="/blog/2017/february/misdiagnosis-errors-how-do-you-know-if-you-have-/">misdiagnosed</a>
or given the wrong diagnosis, this may amount to negligence by the doctor.
If the outcome and complications were a result of the doctor’s
negligence, you can file a lawsuit for your damages. These damages can
include your pain and suffering, loss of income (both past and future),
I was involved in an accident here in Florida, but I live in another state.
Can I sue?
Yes, you can sue in the Florida county where the accident happened, even
if you are from another state or country.
I fell and was injured on someone else’s property. Can I sue?
All property owners have a duty to maintain their property in a safe and
reasonable condition. If they aren’t doing this, and you are injured
as a result of negligently maintained premises, you can sue. Often times
this is called a “trip and fall” or “slip and fall.”
My doctor ignored my concerns while I was pregnant and my baby was stillborn.
What are my options?
The fact that the doctor ignored your concerns is not the dispositive point;
the question is whether or not the doctor was negligent in ignoring your
concerns. At Freidin Brown, we thoroughly investigate each and every case
to determine whether the doctor was negligent and whether the child was
stillborn as a result of that negligence. If we do find negligence, we
can file a claim to recover money for your pain and suffering.
Can I sue a doctor for prescribing wrong medication?
You can sue if your doctor prescribed the wrong medication and that error
caused you injury. Providing a patient with the wrong medication is a
very frequent occurrence in hospitals, and terrible things can happen.
If you were injured as a result of a prescription error, it is important
that you immediately contact our office so that we can assess whether
you should file a lawsuit.
Who is responsible if my spouse died after sustaining injuries from a work accident?
Injuries that take place at work are usually covered under workers’
compensation, which is the exclusive remedy unless the injury was a result
of intentional conduct. Sometimes intent can be proven if the employer
knew of the risks to its employees, but disregarded them. On the other
hand, if a third-party (i.e., someone who was not the employer) caused
the injury at work, you may be able to sue that person or company. For
example, if your loved one was working at a construction site and was
injured by someone who worked for another company, you may be able to
sue that person or company for damages.
My baby was born with a brain injury after I was neglected by my doctors.
Do I have a case?
In most lawsuits involving medical care, you have to prove negligence—that
is, that the medical professional failed to act as a reasonably careful
professional would have under the circumstances. If the doctors, nurses,
or hospital was negligent, and the negligence resulted in a serious injury
to your baby, then you can sue. This includes brain injuries, brachial
plexus injuries (injuries to the nerves of the arm), and other serious
What do I do if I was a victim of a crime on someone else’s property?
You can sue the owner of the property if they were negligent in protecting
you. This is called a “Negligent Security” case. Good examples
of this are hotels that don’t keep out intruders, or parking lots
that don’t have adequate lighting or security. You only have to
show that the crime was foreseeable—that the property owner knew
or should have known that something bad could happen.
Should I hire your firm if my spouse was improperly intubated and sustained
a brain injury as a result?
We have handled dozens of these cases, and have two seasoned trial lawyers
in our Firm. We have a tremendous amount of experience in personal injury
and medical malpractice cases, and have obtained excellent results for
our clients over the years. In addition, we take great care in each and
every one of our cases, and treat each client like family. It is our attention
to detail and vast experience in similar cases that sets us apart from
Can I sue for medical negligence?
You have the right to sue for your damages if you’re a victim of
medical negligence. Medical negligence cases can be highly technical and
expensive, so it is important to hire experienced lawyers who are not
afraid of putting their own money into your case. At Freidin Brown, we
cover all litigation expenses, and you only pay us is if there is a recovery for you.
I had surgery and I’m worse off than I was before the procedure. What are
Not all surgical injuries are things for which you can file a lawsuit.
Your injury must be a result of surgical negligence or unnecessary surgery.
In either scenario, you will have to prove that the doctor fell below
acceptable standards of care (i.e., the doctor failed to act as a reasonable
doctor would under the circumstances). If you can prove that the doctor’s
negligence caused injury to you, you may be able to recover money for
My spouse died in the hospital. Can I sue?
Yes, if the hospital, nurses, or doctors acted negligently, a surviving
spouse can sue under Florida’s Wrongful Death Act.
Can I sue a hospital?
Yes, you can sue a hospital for a variety of things that cause injury,
including physician negligence. We often see hospital cases that involve
emergency rooms, radiology errors, neonatology departments (NICU), and
anesthesia errors. You can also sue the hospital for a nurse’s failures,
as well as for medication errors.