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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How difficult is it to sue for malpractice? My wife has had

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How difficult is it to sue for malpractice?
My wife has had severe debilitating neck pain for 2 years. Been in and out of hospitals, pain management. We believe that it was started by going to see an upper cervical chiropractor for a minor pain.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Malpractice cases in FL are a bit difficult because not all treatment by a doctor that does not work is malpractice. You have to prove that the doctor acted below the reasonable standard of care in your treatment and caused you permanent harm and to do that at the time you even file your suit you must have a medical expert willing to write a verified written medical opinion as to what the reasonable grounds were to believe the other doctor was negligent (See: FL Stat. 766.203). The expert will also have to testify in the trial.

The doctor is going to have to testify not only the first doctor was negligent, but that the negligence caused your current problem.




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