Legal Question in Medical Malpractice in Florida

Do I have a case against the hospital that failed to diagnose and treat my spinal cord fracture ?

I was hit by a car about 1 yr and 8 months ago (12/15/2016). I was d/c (3rd day), from the hospital (Jackson Memorial South), with an untreated spinal cord fracture and head injury. I was diagnosed with a spinal cord fracture at Baptist Hospital in the beginning of 2017. The hospital (JMH), that failed to diagnose and treat my spinal cord fracture put a lien on my settlement, leaving me $68.00. Since I have no healthcare and have not been treated for the injuries I sustain from the accident; my injuries are and continue to severely deteriorate. I have not been able to work causing me severe financial difficulties. Can I sue the hospital for medical malpractice? Please help and advice.



Asked on 10/03/18, 3:22 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Assuming you had a case, you have two major hurdles: 1. the statute of limitations is 2 years. That means presuit stuff has to be done before 12/15/18 and 2. JMH is covered by sovereign immunity meaning the maximum recovery by statute is $200,000. The costs of pursuing such a case make it prohibitive in light of the limited recovery. Likely you cannot sue the hospital with any hope of recovery.

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Answered on 10/03/18, 3:36 pm

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