Q: Hello, Regarding a medical error claim, I had an attorney tell me that due to tort reform, the damages in our case
would need to exceed the cost of litigating them, in order to file...and he threw out example of $15,000 during our consultation. Is this accurate?
The costs can vary, of course, but the figure quoted to you by counsel mention is a reasonably accurate response. Quite frankly, most medical malpractice cases cost far more than this figure, especially in litigation.
"Tort reform" laws on the books -- and several more pending right now in the legislature which are even worse -- cause many injury claims to cost more than potential compensation at issue.
Unfortunately, Florida has placed several legal obstacles before victims seeking compensation. For example, in medical error claims, a medical expert review and confirmation of a doctor's breach of the standard of care is required, and this is required for each specialty at issue. So, in medical malpractice cases, the costs of pursuing the claim is very expensive, and often can exceed tens of thousands, with many exceeding six figures -- just to prosecute the case.
Let your state representative and state senator know how you feel! They have created this hardship for innocent victims.
A: Costs to litigate medical error cases could be tens of thousands. It depends on what type of error it is. Generally, a medical malpractice case could cost quite a bit. That makes it more difficult to bring cases without significant damages unfortunately.
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