Legal Question in Legal Malpractice in Florida

Malpractice by my Attorney?

A misdiagnosis and possible patient dumping was my claim against a FL hospital after I spent 3 weeks in another hospital recovering from a infection caused by a kidney stone. I was able to get the 1st hospital to admit fault and even write an apology letter. the settlement offer was very low, and I hired an Attorney. He said he had never seen a hospital write an apology before prior to litigation. He raised the 36k to about 100k. I was also told at the time this happened I have type 2 Diabetes, my Attorney never said anything about seeing a DR. or anything else about this. I have now learned from my physician that, I am not type 2 but a type 1 and it likely was the infection from the kidney stone that caused it. When I think back to the 3 weeks I suffered before I went to the second hospital, I recall the terrible thirst at night but was attributing it to the pain and whatever pain medicine I was taking. I have a well documented medical history with no signs prior to this of diabetes. Should my Lawyer have had me get tested to make sure or is this something that would be not a reasonable concern? I am not a 'sue' happy person, but I think the apology letter and quick settlement was that hospitals benefit and was way to easy.


Asked on 5/26/09, 11:11 am

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Malpractice by my Attorney?

The lawyer is not responsible for recommending health care.

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Answered on 5/26/09, 12:41 pm


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