Date: August 17, 2006
Host: Alan Garfinkel
View Transcript | Archive Index For All Legal Chats
It's hard enough getting hurt without have to worry about the paperwork behind a personal injury or medical malpractice issue. What's your first step legally? Who do you contact? What should you expect? We know how hard it is to try to sort these things out. Attorney Alan Garfinkel will be available to help you with your questions on August 17th, 8 p.m. Eastern. Mark it on your calendar - this is important information you won't want to miss.
ALAN GARFINKEL is one of the founders of Katzman Garfinkel & Berger, a statewide community association law firm in Florida. Mr. Garfinkel heads the Natural Disaster Law Department at KG & B which is responsible for securing multiple successful Federal Jury verdicts including the largest to date verdict against QBE Insurance Company. A graduate of Florida State University, Mr. Garfinkel is "AV-rated" by Martindale Hubbell (the highest possible rating) and is admitted to the United States Supreme Court, Florida Supreme Court and multiple Federal Courts. Lawyers in his firm are licensed to practice in multiple states including, Alabama, California, Georgia, Louisiana, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, and Virginia. Mr. Garfinkel's credentials may be reviewed at http://www.kgblawfirm.com
Live Chat Transcript
ahmad dhahir: "how would I get a list of personal injury poeple along with their puplic info for any state ?. I would like to help them by advancing them with the cash they need before their cases actually settle. This will take the pressure off their attornys by providing them with the time to fight for a better settlement."
Attorney Garfinkel: "welcome to the chat."
Attorney Garfinkel: "any questions tonight everyone?"
BJ3: "How long after discovery of the injury and the malpractice do you have to recover damages"
BJ3: "In TX"
Attorney Garfinkel: "I practice in Florida, but deadlines are pretty strict in malpractice actions."
Attorney Garfinkel: "I was just checking the web and it may be 2 years. However, I cannot guarantee this for you and recommend that you contact an attorney in Texas to advise you of any time limitations."
Attorney Garfinkel: "as my practice focuses on Florida, I am not familiar with other states specific deadlines unless researched."
BJ3: "I have a long record of being glaucoma suspicious, if an opthamologist had a partner who was trained in this specialty and chose to dilate you herself and caused an acute attack, would this be malpractice. Thank you for ckg the web."
Attorney Garfinkel: "however the Texas state statutes may be posted online"
Attorney Garfinkel: "there are strict rules in Florida in pursuing a medical malpractice action, so follow up should be as soon as possible."
Attorney Garfinkel: "has the attack subsided?"
BJ3: "After several months of pain and a permanent loss of vision."
Attorney Garfinkel: "in Florida we must prove negligence, that the standard of care was breached by the medical practitioner and that damages resulted from the breach"
Attorney Garfinkel: "I say when in doubt check it out. Call an attorney in the Texas area and see if this is something they can assist you with. In Florida cases such as those are taken on a contingency basis and there is no charge for a consultation. However, I do not know id the same applies to Texas"
BJ3: "I will and I thank you for your time. It was several months before I was able to find out what had happened and frankly I was so scared of being totally blinded, I have had to recover emotionally. I hope that I have not waited too long as the original injury occured in Jan of 2005. i found out absolutely in May of 2oo5."
Attorney Garfinkel: "do not hesitate any longer."
Attorney Garfinkel: "in a medical malpractice action in Florida we would need to gather the medical records and then retain an expert"
Attorney Garfinkel: "in order to pursue the case we would have to get an affidavit from the expert"
Attorney Garfinkel: "once we have that, we would have to out the parties on pre-suit notice and go through discovery"
Attorney Garfinkel: "if not resolved that way, we would then be able to pursue in court"
Attorney Garfinkel: "I can understand your pain and suffering, your eyesight is so important"
Attorney Garfinkel: "I hope you continue to get better and improve and wish you well in your pursuits"
BJ3: "Yes, I have read on findlaw that it takes another Dr. To testify to the injury. It is hard to find a Dr. to testify against another, though, isn't it?"
Attorney Garfinkel: "sometimes it can be. depends on the nature of the negligence."
Attorney Garfinkel: "every case is different, because everyone has different damages, and depends on whether dealing with a known risk"
BJ3: "Thank you for the good wishes and I wish you well especially someone who takes the time to help others for free. I lived in South Fla for 20 yrs."
Attorney Garfinkel: "you're welcome, and thank you for participating in the chat"
Attorney Garfinkel: "have a great night everyone. take care BJ3"