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Crazy Florida medical practice law

Posted on 10/27/16 at 9:40 am
Posted by DoUrden
UnderDark
Member since Oct 2011
26155 posts
Posted on 10/27/16 at 9:40 am
My biological father went in for routine Laparoscopic gallbladder surgery, a surgery my niece had last month, but they nicked his Aorta and he did not make it. According to an attorney in FL unless you are a spouse or child under 25 you cannot sue for malpractice.

His surgery was scheduled for 3:00, the Dr did three procedures first then had an emergency to do, they didn't take him in until 8:00 that night to do the procedure and fricked it up.
Posted by Jizzy08
Member since Aug 2008
12371 posts
Posted on 10/27/16 at 9:42 am to
That's a terrible surgeon.
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76123 posts
Posted on 10/27/16 at 9:43 am to
Call Dudley Debosier
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68544 posts
Posted on 10/27/16 at 9:44 am to
Call Morgan and Morgan; they thrive on this.
Posted by RJL2
Bruno's Tavern
Member since Apr 2015
1934 posts
Posted on 10/27/16 at 9:45 am to
There are far too many medical malpractice suits in the US and it makes it harder for legit cases. Sad.
Posted by Restomod
Member since Mar 2012
13493 posts
Posted on 10/27/16 at 9:45 am to
quote:

His surgery was scheduled for 3:00, the Dr did three procedures first then had an emergency to do, they didn't take him in until 8:00 that night to do the procedure and fricked it up.



Sorry for your loss.

The part I quoted is pretty standard and common.
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 10/27/16 at 9:47 am to
quote:

There are far too many medical malpractice suits in the US and it makes it harder for legit cases. Sad.



jesus, that couldnt be farther from the truth, you have no idea what you are talking about
Posted by boosiebadazz
Member since Feb 2008
85479 posts
Posted on 10/27/16 at 9:49 am to
I want to be snarky with the idiots here who clamor on about tort reform and whatnot, but I just can't bring myself to do it.

That's a terrible story, man, and I'm sorry you're having to go through it.
Posted by RJL2
Bruno's Tavern
Member since Apr 2015
1934 posts
Posted on 10/27/16 at 9:50 am to
You must be a malpractice lawyer. These things are part of the reason healthcare costs are so high.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45865 posts
Posted on 10/27/16 at 9:51 am to
Sorry for your loss. I'm an attorney in Florida and I would definitely get a second opinion. There are so many elderly malpractice cases here that I find it hard to believe only children under 25/spouses can sue. I have never heard of such law.
This post was edited on 10/27/16 at 9:55 am
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 10/27/16 at 9:52 am to
quote:

These things are part of the reason healthcare costs are so high.




do you have any idea how the system for med mal suits in Louisiana works? seriously, do you have any knowledge at all on the subject? or do you just repeat some bullshite you hear?
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8188 posts
Posted on 10/27/16 at 9:52 am to
No one sues doctors for malpractice because tort reform has raised the burden of recovery while placing caps on potential recovery.

You don't know what you are talking about.
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 10/27/16 at 9:53 am to
quote:

According to an attorney in FL unless you are a spouse or child under 25 you cannot sue for malpractice.


seems like this is actually correct, fricked up
This post was edited on 10/27/16 at 9:54 am
Posted by RJL2
Bruno's Tavern
Member since Apr 2015
1934 posts
Posted on 10/27/16 at 9:53 am to
He is talking about Florida not Louisiana.

And no I don't know what I'm talking about
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 10/27/16 at 9:54 am to
quote:


No one sues doctors for malpractice because tort reform has raised the burden of recovery while placing caps on potential recovery.


yep, almost impossible to win and if you do its capped at $500k
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45865 posts
Posted on 10/27/16 at 9:56 am to
I'm wrong. Terrible law. You can thank tort reform. I would still talk to a top malpractice attorney in the state. I'm sure there are exceptions
This post was edited on 10/27/16 at 9:58 am
Posted by Theboot32
Mandeville/Poplarville
Member since Jan 2016
2454 posts
Posted on 10/27/16 at 9:57 am to
quote:

You can thank tort reform


yep and lobbyists
Posted by Topwater Trout
Red Stick
Member since Oct 2010
69997 posts
Posted on 10/27/16 at 10:01 am to
That is crazy. What is the reasoning behind only allowing children under 25 to sue?
Posted by Lakeboy7
New Orleans
Member since Jul 2011
28324 posts
Posted on 10/27/16 at 10:05 am to
quote:

These things are part of the reason healthcare costs are so high.



The case in the OP is why cost go up, you know the ones where DRs or facilities kill or maim people.
Posted by Tigerlaff
FIGHTING out of the Carencro Sonic
Member since Jan 2010
22683 posts
Posted on 10/27/16 at 10:06 am to
quote:

My biological father went in for routine Laparoscopic gallbladder surgery, a surgery my niece had last month, but they nicked his Aorta and he did not make it. According to an attorney in FL unless you are a spouse or child under 25 you cannot sue for wrongful death and/or survival.



My condolences for your dad. Sounds like the FL legislature has limited recovery to a very specific class of plaintiffs.
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