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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

Posted

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.

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Glenn Jay Holzberg

Glenn Jay Holzberg

Posted

That's not what this person wanted to hear but exactly what she and many others need to hear and carefully consider. Our Governor Rick Scott ( and Rick Perry and most if not all other republican governors ) wants to continue to erode your right to sue for medical mistakes and bad acts, while doing nothing to expand your rights. This is a simple fix, to require mandatory insurance for all Doctors who practice in the State of Florida and close the loophole which allows a simple notice that they agree to remain financially responsible for the first $250,000 of judgements against them- something NOT DONE and or which non complying Florida doctors get a minimal slap on the wrist when found non complaint. You should be able to sue but unless you can afford hourly rates and expensive costs no lawyer will take your case. Good luck and I am sorry for your predicament.

Asker

Posted

Thank you for your response. I understand its probably a no-win situation for me. You are certainly right about our Republican legislators. They do not protect the patient. Their is way more information to substantiate this is malpractice, he had only taken out my expanders at my demand, not his, when it was ruptured. He wanted me to keep them in. Then he did not remove all of the expander and that resulted in serious problems the next few months until now. Thank you, anyway, for your response.

Posted

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.

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Asker

Posted

Thank you for your response.

Posted

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

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Asker

Posted

Thank you for your response.

Posted

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

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Asker

Posted

Thank you for your response.

Posted

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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