My thoughts and prayers go out to your mom and your family. As stated, medical malpractice based upon a failure to diagnose will require a number of experts' opinions in order to proceed.
Secondly, since your mom is a widow and all of her children are over 25 years old, if she passes away as a result of malpractice, no lawsuit based upon her wrongful death can be pursued. This is a terrible law passed by the florida Legislature for the sole purpose of keeping malpractice claims , and insurance premiums down.
You and your Mom need to have a frank discussion with her present physicians concerning her condition and life expectancy. Should the doctor indicate she still has years to live, you may wish to contact a l med mal attorney and have your mother proceed in her own name. Should the answer be not so good, you should still file a complaint with the Florida Dept of Health against the offending doctor(s).
Robert E. Heyman, Esq
First, you are in the worst state in the nation for med mal claims, its horrific really. Second, an expert hired by a lawyer would determine reduction of lifespan, not the lawyer.
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I can't answer by just telling you to call me because I do not practice in Florida. At the same time I can answer based on many years of litigation experience. The failure to diagnose case will require two experts. One will determine whether and how the medical care has fallen below the average standard of care. The second would be looking at the individual factors of your mom's life to assist the jury to determine the measure of damages. It is not a simple calculation and is in fact different in each case. If you are adverse to calling a qualified experienced attorney, then the University of Miami School of Law has an excellent law library. Ask the librarian to direct you to jury verdict research and also to economic damages in personal injury litigation.
I truly wish you the best.
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