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Can You File a Medical Malpractice Case Where the Injuries are not that Severe?

Posted by Guy DiMartino | Feb 04, 2013 | 0 Comments

Florida medical malpractice lawyer, Guy S. DiMartino, DC, JD, answers the question about filing a medical malpractice claim if the injuries are not that severe.

Every week I field questions from prospective clients where it is clear that the doctor, nurse, hospital or pharmacist did something wrong (committed medical malpractice) and I decline the case because the patient's condition was short lived or resolved.  People think this is unfair but this is the way the system is set up.

For instance, say you went to the doctor and he wrote a prescription.  You go the pharmacy to have the prescription filled and they give you the wrong drug.  Because of the medication mess up you are hospitalized for three days or a week and then you recover.  You want to bring a medical malpractice claim against the pharmacy or maybe the doctor he prescribed the wrong drug.  In this case the malpractice is clear but the injuries were temporary so it would be difficult to proceed with a medical malpractice claim because in the end the client may not receive any compensation.  Why! You Say.

Well in the example above, the lawyer would have to hire an expert witness to say the doctor or pharmacist deviated from the standard of care (committed malpractice).  This would cost thousands of dollars.  Next, if health insurance or Medicare paid the medical expenses, they will want to be reimbursed at the end of the case.  Finally, the lawyer needs to be paid.  So, the settlement value in a case where the client's injuries are temporary will be eaten up by the expenses, medical bills and lawyer's fees leaving the client with little to no money.

This is the way the system is set-up – and it certainly can be unfair.

If you have any questions about a potential Florida medical malpractice claim, give me a call at(352) 267-9168 or fill out the Internet consultation form on the right hand side of the screen.

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and lifes passion is helping the seriously injured receive complete compensation for their injuries. I am a ...


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