Gainesville, Ocala, Lake City & Inverness, Florida Accident Attorney and Alachua County DUI Lawyer Blogs

Patients are facing a Medical Malpractice crisis! Part 1

Florida has created a protected class of citizens that includes doctors and their staff.  An example:

If a Florida doctor receives a radiology report indicating that a patient needs follow up testing for a suspicious mass on a lung x-ray they have a duty to advise and warn their patient immediately.  But if they or their staff fails to notify them; the state of Florida will protect them.

Even if the failure to notify a young working wife and mother of three earning a six figure income results in her premature death, Florida law limits their recovery to $500,000. To make matters worse the doctor and their practice need only carry $250,000 in medical malpractice insurance. And to create an added layer of protection many doctors hire the smartest tax lawyers money can buy to create "asset protection plans".   These plans mean that even if they get a multi million dollars verdict against them, their victim/s will have great difficulty getting any more than $250,000!

After attorney fees and the high costs of fighting the doctors they may wind up with less than half of $250,000, even with the best medical malpractice lawyer fighting for them. 

A husband and three kids lose a wife, mother and financial provider by medical malpractice, but the State of Florida thinks that it is OK for them be so grossly under compensated.

How can this possibly happen in a free country that allows everyone else, in particular large corporations, to sue with no caps or limits on recovery?