If I can't sue the physician that did this to me due to tort reform, are there any other avenues for the patient besides KARMA

Asked about 1 year ago - Pembroke Pines, FL

I know that there is filing a complaint with the department of health. Anything else? (side note:it's not I'm not understanding of human failing, it's just that my case was too blatant too absurd to merit the alteration of the course of my life and the physician behavior-running away- too ignoble to be tolerated easily, but every attorney says "try another lawyer I can't take the case" which means that there is something about my case that makes it undesirable, maybe me, the patient is quite atypical. Even without monetary compensation, my mental health would be better served by something that at least brings closure)

Attorney answers (3)

  1. Eric J Trabin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Why can't you sue the doctor? Tort reform is ongoing but under Florida law you can still sue a doctor for medical malpractice and negligence that causes injury. If the attorneys are declining your case then perhaps the facts of the case aren't very good. Keep meeting with attorneys and eventually you will find one hungry enough that is willing to take a chance on your case.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. Stephen Andrew Mosca

    Contributor Level 17

    Answered . Tort "reform" may have made it more difficult to successfully sue the doctor, but not impossible. The fact that other attorneys decline the case may in fact be an indication that, based on the facts, they do not believe it is a good case to win. You see, in a contingency case, as this is almost certain to be, the attorney fronts much or all of the costs, so if you don't win, they're out the money they invested (unless you can pay the filing fee, costs of discovery, etc. up front). So, the case may be viable, meaning you could win a judgment, but just not enough of one to make any attorney want to go the distance. Or, they can honestly feel it's a bad case, legally.
    For closure, you might be satisfied with a "declaratory judgment," where the judge says the doctor is at fault but the actual damage award is quite small, sometimes as low as $1.00, but no attorney would want to take that on. Or, as you sense, maybe you spook them - that I cannot tell you.
    I am against most tort "reform" and the word "reform" is a linguistic manipulation to make it sound as though it is doing something worthy, but I believe not enough doctors get sued, and that's why doctors such as yours exist in the first place. Tort law is supposed to make the price of malpractice high enough to make it an undesirable outcome, but the market doesn't seem to be making that happen. Not sure what you mean by the physician running away, and how that relates to the poor care you received or whether you feel it is evidence of bad care in and of itself, but if you feel strongly enough about the case, keep trying. If you have a valid case with damages, someone will be greedy/brave/reckless enough to take it on, if for no other reason than the possible reward. Or, if you can pay some or all of the litigation costs yourself, offer to do so. Good luck.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca... more
  3. Charles Henry Sinclair

    Contributor Level 8

    Answered . As others have said, your best bet is to file a complaint with the Board of Medicine You can do it online.
    Without knowing the facts of your case, I can't tell you why lawyers don't want to handle it. Maybe you just suffered a recognized complication, or maybe your damages (medical expenses and lost wages) don't total enough to make it economically worth it.

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