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Why is medical malpractice communism but America is not?

Pembroke Pines, FL |

The whole deal with America is that a lawyer or a doctor will earn a higher salary in the future due to greater years of training and not the same amount of money as say, a toll booth worker. But for some reason in determining "economic" damages by lawyers for potential medical malpractice cases all of this goes out of the window. I was told even with clear cut negligence that my "damages" were "noneconomic"- I am taking this to mean that the malpractice doesn't need a full time nurse and I am able to hold a job- but in reality I didn't train all the years I did in my chosen career path to end up somewhat lower on the ladder than I have done due to the malpractice. Even without directly killing me, the stress, the health issues caused by the malpractice is making me achieve less than I wou

ld have if the malpractice never occurred and THAT-achieving less due to less than optimal health IS ECONOMIC. I am extremely driven and my worst hate of what occurred is not that the malpractice hurt me but that it is keeping me from being all that I can be- on the other hand of the malpractice I researched- unable to open the airway of an obese man in time or some surgical error in lung transplant of a smoker- both "plantiffs" landing in the hospital in the first place was due to self destructive behavior and the latter would have died prior to 1964 when there were no transplants. My case is a basic violation of prinom nom nocere, yet everyone else whom the malpractice didn't occur to says deal with it which is sort of like saying that in spite of all of your work [in your health/life] you have to be content with minimal health- which is like communism just health in the place of dollars.

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Attorney answers 5


You are in one of the two worst states to be a victim of malpractice. Try another lawyer.


You need an articulate spokesman attorney or other professional to focus on the proper remedy, if there is one, for your claims. Mixing in political issues confuses the matter and paints you as someone who quarrels over the legal definitions instead of valuing your case in terms of money. The law is not there to right every wrong, it can usually compel wrongdoers to pay money to those they wronged. Get legal representation ASAP.


Consult another attorney. Florida is a tough state for medical malpractice.

Call for a free consultation at 727-937-1400 or visit us on the Web at


Communism has noting to do - even by analogy - with medical malpractice. Pure medical malpractice elements are actually fairly simple. See blue link below. The problem is that state by state insurance lobbyists have bought legislatures, which have enacted tougher and more convoluted procedural barriers in the name of 'tort reform'. Try another attorney.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


Economic damages include lost wages and lost earning ability, so if the malpractice cancels a lucrative career, those are economic damages. Our legislature has limited non-economic damages, like pain and suffering. It is not communism, but capitalism applied to politics that is partially responsible for the legislature's decisions on this and other matters. But, as advocates, we generally play be the rules that exist instead of railing against them -- it is just more effective. Sometimes, a direct challenge is needed, but there has to be a chance of winning or some other overwhelming reason to do it.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website

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