I forgot to post this before I left. This is an email from my personal attorney, whom I paid a few hundred bucks to research medical malpractice in Florida. Thought it might be useful...
*Start of email*
"Dear XXXXX,
Here is what I found concerning medical malpractice suits in the state of Florida;
“(4) The Legislature is cognizant of the changing trends and techniques for the delivery of health care in this state and the discretion that is inherent in the diagnosis, care, and treatment of patients by different health care providers. The failure of a health care provider to order, perform, or administer supplemental diagnostic tests shall not be actionable if the health care provider acted in good faith and with due regard for the prevailing professional standard of care.
1(5) A person may not give expert testimony concerning the prevailing professional standard of care unless the person is a health care provider who holds an active and valid license and conducts a complete review of the pertinent medical records and meets the following criteria:
(a) If the health care provider against whom or on whose behalf the testimony is offered is a specialist, the expert witness must:
1. Specialize in the same specialty as the health care provider against whom or on whose behalf the testimony is offered; or specialize in a similar specialty that includes the evaluation, diagnosis, or treatment of the medical condition that is the subject of the claim and have prior experience treating similar patients; and
2. Have devoted professional time during the 3 years immediately preceding the date of the occurrence that is the basis for the action to:
a. The active clinical practice of, or consulting with respect to, the same or similar specialty that includes the evaluation, diagnosis, or treatment of the medical condition that is the subject of the claim and have prior experience treating similar patients;
b. Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same or similar specialty; or
c. A clinical research program that is affiliated with an accredited health professional school or accredited residency or clinical research program in the same or similar specialty.”
In layman’s terms, this means that in the state of Florida, in order to file suit against a physician specialist, you would need a comparable expert witness to testify against Dr. Paley in open court. This physician specialist would have to have comparable credentials to Dr. Paley.
You would have to have someone that specializes in adult leg lengthening (not necessarily cosmetic) testify against him and PROVE that he did the operation incorrectly and that a mistake was made that directly caused whatever the grievance is.
By your admission, Dr. Paley is the most experienced physician specialist in his field. It is unlikely that you would find another specialist that would testify against him. If you did, who would the court believe?
Hope this helps.
Sincerely,
XXXX XXXXXX"
*end email*
Goodbye everyone.