Legal Question in Civil Rights Law in Florida

This is a question for Florida. I have received more than one response from lawyers (those that actually bother to answer) to my request for assistance that says the same thing.

In effect: Florida's limited waiver of souvenir immunity statue limits the award of damages to $100,000 thus they are unwilling to help. One even went so far as to say that he could not help because it would not in his best business interest. . . . . What?

I come seeking help for my CHILD who was grievously and seriously injured and then left for four whole days without any medical treatment while he was briefly a ward of the state in a facility of a private contractor of the state.

The US has 1 whole percent of its population currently behind bars and MOST for victimless crimes. We are the Prison State of the Planet. But when a child become the victim of a corporation that has signed a contract with the state to provide "services" no compensation can be had because the state protects these not-for-profit profit making schemes as if they were our Kings.

My question: How is this justice?


Asked on 12/11/09, 10:00 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It is not justice. Floridians keep electing Republicans, who have controlled the state legislature for a long time now. They have passed laws that protect businesses, particularly doctors. These laws make it very expensive to bring medical malpractice cases and almost impossible to do so when they involve the state. Why? Well the math of the economics makes it impossible. The sovereign immunity statute kills you.

It is not unusual for a medical case to cost $50,000 to $75,000 to try. The doctors and experts are quite expensive. The government (Medicaid will have a lien for the amount that it paid for your child's medical care. Let's say that is $20,000. So, if the lawyer takes your case and spend $60,000 of his own money -- that he might lose if the case is not won, the most that can be recovered is $100,000. The math then looks like this:

Recovery $100,000

Attorney fee -25,000

costs -60,000

medicaid lien -20,000

Total ($5,000)

So, after all the lawyer's work, the money goes to his fee, the government lien, the expert witnessses, court reporters, filing fees, copy charges, hotels, airlines, meals, investigative costs, etcetera and you -- the one that was injured -- gets nothing. For this reason, lawyers know that the way the Republicans have designed the system that they cannot help you because the laws prevent you as a practical matter from making a recovery. It is horrible. Remember what they have done to you next time you vote, and do go and vote. When they talk on TV about "tort reform" and frivolous lawsuits, they are talking about screwing the injured and the victims of negligence. They are talking about you and protecting the wrongdoers.

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Answered on 12/17/09, 5:05 am


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