Legal Question in Medical Malpractice in Florida
UF/Gainesville Shands - Sovereign immumity
Shands Hospital is protected by Sovereign Immunity, suits capped at $100K.
I went in for nose surgery and left with a bonus - Torn rotator cuff which happend in operating room. I may be facing shoulder surgery. This shoulder injury happend last month.
Where do I find a lawyer that will take this case, I am getting turned away due to the sovereign cap?
Does the attorney have to be in my County or the County where the surgery took place?
2 Answers from Attorneys
Re: UF/Gainesville Shands - Sovereign immumity
It is very very difficult. Shands, by the way, does not have sovereign immunity. The doctors (most of them) do. The nurses do not. Unfortunately, the cost of a medical malpractice suit is so high because, in large respect, of the laws that have been passed by the Republican legislature that there is not much left over for you -- the injured party -- after you pay the expenses of the medical mapractice case plus the medical liens for your care.
Unfortunately, here in Florida, the people keep electing, generally, Republican law makers who favor the powervul over the injured. They get elected on this issue by claiming that "liberal" trial lawyers file "frivolous" cases that drive doctors away. It is, of course, BS -- but your case has fallen into the group of cases that many in the legislature would characterize as "frivolous" -- at least if we are to believe that the laws they support prevent the filing of such cases. Your case, whether meritoroius or not, cannot economically be pursued because of the laws that govern the case.
Re: UF/Gainesville Shands - Sovereign immumity
As you have learned, the laws governing Med Mal Claims have been carefully designed to protect the person or institution responsible for the injury. The injured party has lots of expenses and a limited amount that can be recovered.
Any attorney licensed to practice in the State of Florida can help you. They do not have to have an office in the same County.
I will be happy to discuss this with you in more detail if you want to email or call. No charge or obligation for a confidential call.
Good Luck!
DHD