Question 1

If I had surgery but still have permanent symptoms, can I still have a malpractice case?

Accepted Answer

Yes. The question is whether earlier surgery or better post-operative care would have produced better neurological outcomes. If your surgery was delayed and you progressed from incomplete to complete CES during that delay, you may have a strong claim even though surgery was eventually performed.

Question 2

Is there a time limit to file a malpractice claim in Florida?

Accepted Answer

Florida's statute of limitations for medical malpractice is generally two years from the date of the malpractice. Because CES cases require expert medical review and Florida's pre-suit requirements take at least 90 days, acting promptly is essential.

Question 3

How is the standard of care established in a CES malpractice case?

Accepted Answer

Through testimony from qualified medical experts, typically spinal surgeons or neurologists with CES experience, who review your medical records. The current research on surgical timing, diagnostic protocols, and rehabilitation standards all inform that expert opinion.

Question 4

What compensation can I recover if my CES treatment was mishandled?

Accepted Answer

You may be entitled to all past and future medical expenses (including ongoing rehabilitation), lost wages, pain and suffering, loss of bladder and bowel function, and loss of enjoyment of life. See our page on what factors affect CES compensation amounts for a detailed breakdown.

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