Florida  |  Medical Malpractice

Legal Question

Asked on: 3/16/08, 1:22 pm

Sovereign Immunity is a Malpractice Field-Day

My husband is reaching the 11th hour to file for medical malpractice. We've been to numerous lawyers and none would take the case because the Florida hospital involved had sovereign immunity status. The neurosurgeon and other doctors involved were also umbrellered under this immunity and did not even have mal-practice insurance. I believe we have just become so worn done with the politics we've encountered that we have all but resigned to the fact that our lives are forever changed and we didn't even get an ''I'm sorry''. The lawyers we spoke to said if this had occurred anywhere else we would have a great case, but with the malpractice caps the case is just too costly.

My husband was a healthy, vibrant 52 year old aerospace engineer. While working around the house he herniated a lumbar disk. He underwent what was supposed to be a routine diskectomy. He had to be hospitalized for 3 months and rehab 1 month. As an RN who specializes in Neuro, I saw many contributing factors; failure to diagnos, poor practice,etc. He developed osteomyelitis at the surgical site with the organism migrating to the brain; causing a toxic encephalopathy. The outcome ; RSD, cannot walk unaided,high dose narcotics, on SS Disability. Thoughts?

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