Florida  |  Legal Malpractice

Legal Question

Asked on: 3/29/12, 5:50 pm

How come is easy to sue a doctor for Malpractice & not a Lawyer?

2 Answers


Answered on: 3/30/12, 5:19 am by Charles Sinclair

As a medical malpractice lawyer, I will tell you it's not easy to sue a doctor in Florida. You first must get an affidavit from an expert and go through a 90-day investigation period before you can file the case in court. To sue a lawyer, likewise, is not easy. First, you would have to prove that you would have won the original case, then you have to prove that the lawyer's negligence was what caused you to lose it. It's like having to prove two cases in one.

But, if a lawyer missed a statute of limitations, for example, suing him or her for that would be far easier than proving medical negligence.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Sinclair Law Offices 2164 Reserve Park Trace Port St Lucie, FL 34986

Other answers from this attorney

Answered on: 3/25/13, 12:02 pm by Barry Stein

It is actually more difficult to sue a doctor for the reasons described by Mr. Sinclair. I handle legal malpractice cases and the most difficult parts of the claims are 1. the issue is not malpractice and 2. the damages caused dont justify the time and expense of pursuing a claim. and 3. The attorney does not have any malpractice insurance coverage.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


De Cardenas, Freixas, Stein & Zachary 25 SE 2nd Avenue Suite 425 Miami, FL 33131

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

133 Answers given in the last few hours.

8661 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search