Can I sue for 13 years of unnecessary pain and suffering ?
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Can I sue for 13 years of unnecessary pain and suffering ?
I have been suffering with severe feet issues
since I was 32 in school for surgerical
technology. Dr after Dr told me it was plantar
fasccitis I had unnecessary injections even
surgery spent a fortune on shoes inserts etc
and eventually became disabled die to the pain
and lost my career and have spent the last 14
years in agony and on pain pills as they blamed
Fibrolmyaia and plantar faciitis. Not once did
any of the dozen drs I saw suggest it may be
vitamin or thyroid related. Even though I
repeatedly mentioned I suspect I had thyroid
issues. I finally saw a homeopathic Dr recently
who immediately put me on a thyroid medication
and also vitamin d within days my feet are
healed just about This gets me sick to my
stomach how I lost 14 years of my life and my
career gone into extreme debt and countless
other issues. Can I sue any of these
incompetent drs?
Asked on April 25, 2019 under Malpractice Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You must likely cannot sue for several reasons.
1) In Florida, all medical malpractice claims must be brought within four years of the treatment under the "statute of repose" for these cases: that means you cannot sue for any treatment or doctor visit you had more than four years ago.
2) Even if there are recent-enough doctor visits that you can sue for, you have to show more than that the doctor was wrong to establish malpractice: you have to show that the doctor was unreasonably careless--basically, that no reasonable doctor would have done what this doctor did. But if "doctor after doctor" told you the same thing, it is very likely that the doctors were not being careless but were coming to the conclusion that a reasonable doctor would. When doctors act reasonably, they are not liable even if they turn out to be wrong.
3) While we are very glad that you have relief now, there is little or no scientifically accepted evidence supporting homeopathic medicine, so that a homeopathic doctor has helped you is probably not evidence that will support that your other doctors were unreasonable careless.
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