Legal Question in Medical Malpractice in Florida

hospital malpractice

Is it true that no stete hopsital physician can be touched, due to being protected by sovereign immunity in the state of Florida. My father in law was made a DNR per a doctor and we found out about it, went to patient relations and had the DNR revoked, this contributed to his death. No lawyer will touch this case due to the doctor being protected by sovereign immunity. How can this be possible?


Asked on 4/25/08, 8:40 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: hospital malpractice

Welcome to Florida -- home of the Republican legislature that protects doctors from the consequences of their negligence.

If the doctor is an employee of a governmental agency or the State, then you may not sue the doctor when he negligently injures a patient. You may sue the State, as his emplopyer, but the recovery is limited to $100,000 per person and and $200,000 per incident.

Unfortunately, thge legislature has created a scheme that makes it very expensive to bring a medical malpractice case. It is not unusual for the cost of a suit to be in the neighborhood of $75,000 or more.

Worse still, if your father in law was not married and had no children under 25 years of age and a doctor kills him by his negligence, then you can't sue at all -- whether the doctor is employed by the state or not. As the saying goes -- it is cheaper to kill them than cure them. Terrible, terrible law -- that the Republican party insists on keeping in place. A big consumer rip off.

Read more
Answered on 4/25/08, 9:26 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Florida