Legal Question in Medical Malpractice in Florida

Hello. After I gave child birth my doctor left surgical gauze inside of me. I could not walk, sit, take care of my newborn baby, I suffered from infection and the pain was really bad. It took 3 weeks before the gauze was discovered and removed in emergency room. So I have actual medical record as evidence. Now I do not have any serious health damage other than pain. I consulted an injury lawyer but he said unless I had any major damage to my health I would not have a medical malpractice case. Moreover he said I could not claim for pain and suffering since my doctor did not have insurance. Is it really so and nothing can be done?

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