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How can there be a simultaneous requirement of "informed consent" and lack thereof from all doctors?

Miami, FL |

Not only the majority but I would say all of the physicians doing proceudres such as steroid injections don't know all of the even nonrare side effects/risks of the procedure. And then-when a couple months later the fat disappears from your heel where the physician injected steroids without prior recourse to physical therapy and you are hitting the floor with bare heel bone- the physicians is like "ha ha ha you can't do anything to me" and if you complain the physician just fires you as a patient he doesn't want to deal with. And then when you see a lawyer it's like door shut in your face "we're only interested in catastrophic cases." "But he didn't give "informed consent?"" Slams door in face.

Attorney Answers 4

  1. I bet the doctors do know the side effects.
    I understand your frustration.
    I don't know if a lawyer can help, but you can at least try..

  2. The state of medical malpractice is a problem in Florida. They are expensive to prosecute, and the time between notifying the doctor of your intent to file and the damage award (if there is one) is often lengthy. So the return on investment for a medical malpractice attorney per year is very little, and so said attorney is going to be very picky about the cases they choose.

    For example, let's say the attorney has to pay 100k to bring a case, but your case is only worth 80k, the attorney will be out ~20k and you will be awarded near nothing. If the case takes 4 years to finish, the return on investment is -5k per year and the attorney is swiftly going out of business.

    The history of the problem is complex, and the public policy decision behind it yet another deeply divided political issue. If you are interested in changing the law, I recommend you find groups to help you get your voice heard in Tallahassee and write your local state representatives. You may be out of luck, but your actions may change medical malpractice to better serve the public for future victims of abusive doctors.

    I do wish you the best of luck and encourage you to continue to seek the advice of local medical malpractice attorneys.

    DISCLAIMER This answer is not legal advice nor does it create an attorney-client relationship between any user/reader and The Law Offices of Jimmy Allen Davis, P.L.. We encourage and welcome you to contact us about your legal problems and visit our website at or email me at

  3. I would consult another attorney and see if they feel differently. I'm very sorry for your situation and I think the risks should be made more clearly by physicians prior to performing such procedures.

  4. Bad state for med mal, but check with another lawyer.

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