Legal Question in Civil Litigation in Florida
contract between Doctor and patience
I have tried to contact different attorneys for a medical malpractice case on my wife�s behalf. however non are interested in our case. they all say we have a valid case but have not the resources or time to invest in for us. I wonder can I file breach of contract with the doctor and his office, plus any damages against the hospital for any money they may have caused for due to a bad hip replacement. I have written documentation stating that it would take 6-8 weeks for surgery AND recovery. well it's 1 � latter and she has lost her job and independence and still in a wheel chair. The outlook is finally looking up as far as her walking but will never be the same. this was the 5th surgery and has cost us upward of $35,000 she is now permanently disabled and will never work again. As you can tell it gets a little more complicated as we go on. Can I take him to court and receive financial retribution for moneys spent, by the way the Dr.�s report from surgery shows and states he put in the wrong size prosthetic size and piece
1 Answer from Attorneys
Re: contract between Doctor and patience
No, you cannot file a breach of contract action. The statute requires that you go through a very specific procedure before beginning a lawsuit against a doctor. The laws are desugned to protect doctors and health care providers from taking responsibiliy for their negligence and to make it very difficult and expensive to sue (and thereby difficult to find a lawyer that will be able to invest the time and money pursuing the case.
If you contact me by e-mail ([email protected]) or phone, I can send you a brief outlien that explains some of the issues that arise in medical malpractice cases so you will have a better understanding of why it is so hard to bring a suit.
It is important that you seek counsel from an attorney who actually handles medical malpractice cases -- as opposed to someone that will just refer it on to someone. These are always difficult cases.
If you'd like to explore the issues, please let me know. You have only two years from when you knew or should have known of the negligence and damages. The statute of limitations is often quite difficult to calculate in medical malpraactice cases, so do not delay in seeking counsel.
Alan Wagner
Tampa, Florida
www.wagnerlaw.com
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
