Legal Question in Medical Malpractice in Florida

Medical malpractice

My fiance and I were at our local hospital due to her experiencing perstistant chest pain that was present for 14 hours at the time.When admitted blood was to be drew in two different ways.She has horrible anxiety(we as her family tell her this often yet she still thinks she only over reacts) and that is what we thought caused her chest pain but to rule out everything else blood was to be drawn.When it came time for the respiratory stech to draw his blood she was hyperventalating and he told rudely to quit.When done he was waiving the needle in her face she then asked him to put it down...at that time I could tell it was getrting the best of her and incase there was an extreme medical issue she didnt need the added anxiety.Then he went as far ask her if she was only there to get ''anti freak out meds''She then said that was insulting and reminded him she woulodnt come to get poked with needles,treated that way,or fake chest pain for whatever he considered freak out meds to be.Thats when he ended with, ''well you just admitted it.''I complained due to the fact she was violated and was extremely upset afterward.What rights legallydo I have in this situation.


Asked on 8/27/08, 11:13 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Medical malpractice

You have no rights. You are not the patient and you are not married.

Your fiance was not treated particularly well, but it does not sound like she suffered any injury. If she was harmed by this it was not terribly significant. The laws in Florida are designed to protect doctors, hospitals and health care providers from suit. The laws make it difficult to sue and expensive to do so. Health care providers have special protections that no other citizens have. The people you send to Tallahassee believe they are special and deserve special protections from suits when they are negligent and hurt others. That is the system. Without a significant injury it is economically not practical to sue. The costs are far more than you can ever recover. A nice example -- if your fiance is over 25 years of age, has no children, and a doctor's negligence kills her then the only thing you can sue for are the medical and funeral bills. Nice system, huh? Remember what they have done to your rights when you vote.

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Answered on 8/28/08, 8:12 am


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