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Started By
Message
1
Posted on 10/27/16 at 10:15 am to RJL2
quote:
You must be a malpractice lawyer. These things are part of the reason healthcare costs are so high.
Not really. Doctors have some of the most restrictive tort laws of any profession. Healthcare costs are high because the end consumer rarely bears the burden of the cost and the healthcare providers don't have to deal with market realities regarding ability to pay when setting their prices.
Do you ever notice that when your doctor thinks you have insurance you get price X, but when you have to come out of pocket the price is all of a sudden x-y?
This is to say nothing of doctors restricting the supply of doctors and asymmetrical information on pricing.
This post was edited on 10/27/16 at 10:58 am
Posted on 10/27/16 at 10:17 am to Theboot32
quote:
Florida
quote:
its capped at $500k
That's a lot of meth
Posted on 10/27/16 at 10:22 am to shawnlsu
quote:
shawnlsu
not sure what Florida's cap is, but Louisiana is $500k, Texas is $250k
Posted on 10/27/16 at 10:31 am to Topwater Trout
quote:Children above 25 don't need parental support
That is crazy. What is the reasoning behind only allowing children under 25 to sue?
Posted on 10/27/16 at 10:32 am to Theboot32
Can your Father's estate sue the doctor to recover costs of the procedure, funeral expenses, and/or debts left at the time of death?
Posted on 10/27/16 at 10:33 am to DoUrden
My grandfather was killed in a similar procedure in Florida. There really is no accountability.
Posted on 10/27/16 at 10:36 am to Lakeboy7
quote:
Medical error is the 3rd leading cause of death in the US.
Not.
CDC - number of deaths for leading causes
Posted on 10/27/16 at 10:40 am to BiggerBear
Posted on 10/27/16 at 10:49 am to DoUrden
quote:
According to an attorney in FL unless you are a spouse or child under 25 you cannot sue for malpractice.
Tort reform sucks...until you or a loved one are a victim.
Posted on 10/27/16 at 10:56 am to DoUrden
quote:
According to an attorney in FL unless you are a spouse or child under 25 you cannot sue for malpractice.
Could the executor of his estate not file on behalf of the estate?
This makes it sound as if your free and clear to frick up all you want as long as the patient is single??? Something doesn't add up.
Posted on 10/27/16 at 10:57 am to DoUrden
quote:
Johns Hopkins study suggests medical errors are third-leading cause of death in U.S.
It probably is higher than that but unreported and under reported cases keep it from going higher.
Posted on 10/27/16 at 10:58 am to Napoleon
I think the restriction is greater than just med mal suits. I think other than a victim who survives, the only parties who can see for negligence are surviving spouses and minor children. IANAL but did serve on a civil jury once in LA where this was brought up to explain why only some of the family were named as plaintiffs. And now that I think about it, it wasn't in terms of who could file suit but in terms of what damages might be either allowable or appropriate given a single male victim with no wife or children.
Posted on 10/27/16 at 10:59 am to SlapahoeTribe
quote:
This makes it sound as if your free and clear to frick up all you want as long as the patient is single??? Something doesn't add up.
The attorney told us that basically he could have walked in and stabbed him in the heart and we couldn't do anything. The gave us the info to file a complaint. They say every four years they try to get the law overturned but no luck so far. They did urge us to file the complaint to help get the "bad" doctors out of the state.
Posted on 10/27/16 at 11:16 am to DoUrden
Sorry about your loss, do follow up with the complaint process though.
Posted on 10/27/16 at 11:29 am to DoUrden
quote:
The attorney told us that basically he could have walked in and stabbed him in the heart and we couldn't do anything. The gave us the info to file a complaint. They say every four years they try to get the law overturned but no luck so far. They did urge us to file the complaint to help get the "bad" doctors out of the state.
Sorry for your loss. Unfortunately, the above is your only recourse.
It is a terrible law written into the wrongful death statute meant to protect insurance company profits. And it has protected their profits while also making it unsafe for older people to treat with quack physicians. There are some horrible bottom feeding doctors that have no business practicing medicine here in South Florida who are completely shielded by this law. It really screws the Florida elderly who have kids over the age of 25. It is a complete bar to a med mal wrongful death claim.
This post was edited on 10/27/16 at 11:30 am
Posted on 10/27/16 at 12:26 pm to DoUrden
Something tells me you probably voted straight republican your whole life...
This is what their tort reform looks like.
Sorry for your loss.
This is what their tort reform looks like.
Sorry for your loss.
Posted on 10/27/16 at 12:33 pm to DoUrden
I'm assuming you guys weren't that close because you used "biological father?"
Posted on 10/27/16 at 1:08 pm to Sterling Archer
I wasn't but other siblings were, I am not the executor of his estate.
This post was edited on 10/27/16 at 1:09 pm
Posted on 10/27/16 at 1:12 pm to Sterling Archer
Louisiana has a similar set of rules for wrongful death claims that limit which classes of relatives may bring suit. First group is spouse and children. If there are any of them, no one else can sue.
Here's some info I found on Florida law on a lawyer's site. It looks like children 25 or over are treated differently. LINK
Here's some info I found on Florida law on a lawyer's site. It looks like children 25 or over are treated differently. LINK
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