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Can you re sue a nursing home or the attorneys who represented you if you don't agree with the outcome of the trial.

Tampa, FL |

My grandfather was mistreated and died due to the neglect of a nursing home. My aunt is the PR of the case. we have been going through this trial for about 4 years know and they have finally decided to award in out favor. My aunt feels like we have been cheated and it seem we went though all of this for nothing. My grandmother health has declined from this situation and my aunt is not sure what she can do to counter sue or seek another lawyer. The amount of money we were awarded (not saying that its about the money) is no where near what we expected. My aunt has also stated that she just wants to give up on the case because she has been told by her lawyers that it will be hard to sue a nursing home and get a good amount due to nursing homes have a close relationship with the courts.

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Attorney answers 3

Posted

You should consult with a local attorney. However, with regard to your ultimate question, as a general rule not liking or agreeing with the outcome of litigation is not grounds for a civil suit.

This answer is provided as a public service for informational purposes only and is not intended as legal advice. Providing this information does not create an attorney-client relationship nor is any information shared considered privileged or confidential. As with all legal matters, you should contact an experienced attorney and be aware that there are time limits for asserting potential claims.

Posted

Just because you were awarded less money than you thought your case is worth is not evidence of legal malpractice. I do not know any litigator that guarantees a victory to a client. Thanks to the insurance industry and Republicans tort reform message, any award is a victory.

Nursing homes do not have aclose relationship with the courts.If your attorney truly feels that the award was not justified, then that’s what motions after verdict and/or the appellate courts are for.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

Posted

Clients that feel like they should have received a larger recovery come a dime a dozen, unfortunately. Whether a settlement amount if reasonable is dependent on so many factors that there is no way to second-guess it over the internet. However, you should keep in mind that you are in Florida. Florida's government passed draconian medical malpractice tort reforms that dramactically impact a patient's rights. Settlement values always face downward pressure -- not because of legitimate issues concerning the case facts but due to Florida malpractice laws. These laws were passed at the behest of hospital corporations and insurance companies. You should research which political party supported these "reforms" and how the reforms likely hurt your case. And then act on this information when you vote in November. Elections matter.

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