QUESTION

The surgeon in question has no malpractice insurance in Florida and no one will take our case. I have filed a complaint. Is there anything?

Asked on Oct 15th, 2014 on Wrongful Death - Florida
More details to this question:
My father died due to multiple health complications from a polyp removal in Florida. My step mother is alive and I was under 25 at the time of death. The surgeon in question does not carry any malpractice insurance and there were so many complications that the lines are blurred of what was said off the record and what the official report is. I have filed a complaint with the Florida State Medical Board but we feel as though we deserve more justice than an investigation. We have been searching for almost 2 years and our statutes of limitations is wearing out very soon. We are stuck, heartbroken, and disgusted by what this person could potentially get away with. We understand there is no money to be had but we are just looking for justice to be served in anyway possible. Any advice or help would be greatly appreciated.
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1 ANSWER

Personal Injury Law Attorney serving Miami, FL
3 Awards
I am sorry for your tragic loss. Unfortunately, this is a classic example of the expression, elections have consequences. The Florida legislature (and Governors) repeatedly put the interests of doctors, insurance companies and big business ahead of the needs of Florida residents (and .  As other lawyers already explained, the doctor’s lack of coverage and the ability for doctors to shield personal assets from collection, make it near impossible to pursue anything but the most straightforward cases, or the rare instance where excess coverage exists. It appears you have complicated facts that will require a lawyer to expend significant time and resources to unravel. Outside of suing the doctor for wrongful death malpractice, I can understand your filing a complaint with the State’s Medical Board. Sadly, I do not expect you will receive much satisfaction from that process. I have little to add other than to encourage you to help prevent this from happening to other families. This year, like the ones before, the medical lobby and “their” Florida Legislature and Governor will push for even more laws protecting doctors from responsibility for medical negligence. These laws are always sold with phony statistics about the so-called crisis of medical malpractice and stories of greedy lawyers.  Its pure politics, except to the malpractice victims and their families. There is an election next month.  I urge you to vote for the candidate and issues that are important to you. I am sorry I cannot help, but do not give up trying to find a qualified medical malpractice trial lawyer. Best wishes to you and your mother. 
Answered on Oct 16th, 2014 at 1:46 PM

Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807

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