How come is easy to sue a doctor for Malpractice & not a Lawyer?
2 Answers from Attorneys
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.
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.