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I need a lawyer to file a malpractice suit against an uninsured doctor. I definitely have a case (confirmed by a law firm).

Pompano Beach, FL |

I had a double mastecomy and expanders put in at the same time. The expander ruptured and caused infection and further problems. I have since has 3 more surgeries to the same area, all stemming from initial problem. The original doctor is not insured and did not have a pathology or operative made til well later after. A law firm I spoke with said it is not feasible to file because the cap of money is low. I need help! I need another surgery this September, this is crazy!

My oncologist is behind this 100%. He is the one who advised me to pursue this.

Attorney Answers 5

  1. Consider how you vote for your elected representatives very carefully. - - - a few notes: 1) Any surgery carries with it the risk of infection. Getting an infection is not necessarily evidence of medical negligence. 2) Tissue expanders rupture. From my last experience I think I read that they were 'good' for 6 months, but certainly a rupture is not evidence of medical negligence all on its own. Last - it is VERY difficult and EXPENSIVE and sometimes not financially feasible to represent someone who has been injured by true medical negligence. Again, consider how you vote in the future.

    This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.

  2. If the surgery was done in the doctor's office then it will be very difficult to accurately substantiate what was done or not done without a deposition. If the surgery was done in a hospital or independent surgical center then contemporaneous records should be obtainable there. As for the lack of insurance, once again, if you were treated by this doctor in his office you may not have any other option then to hire a lawyer by the hour since without insurance it is unlikely that an attorney would be willing to pursue this on a contingency basis.

  3. A tough road to hoe, but use Avvo's "find a lawyer" tool to find a malpractice lawyer in your city to investigate

  4. There should not be a cap on medical expenses. Consult with other malpractice attorneys until you find one that will take your case.

  5. In addition to Mr. Kelner's advice it is nearly impossible to collect from an uninsured doctor. Unfortunately in Florida there is no requirement that a physician have malpractice insurance. A doctor is only required to have 250K in liquid assets in order to have admitting privileges, but this is difficult to collect and sometines a physiican does not have privileges.

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