Our Florida plastic surgery lawyers have been retained to investigate the unexpected death of 35 year old Lidvian Zelaya during liposuction and fat re-injection procedure at Strax Rejuvenation in Lauderhill, Florida.
The investigation of any medical malpractice case generally starts with medical records. Unfortunately, the records usually only provide a small window to the truth of what happened. The injustice of Florida’s Medical Malpractice Statute Section 766, requires that before any formal discovery can even begin, the victim’s attorney must obtain the opinion of an expert willing to testify that the potential defendant doctor or hospital committed an error that caused the damage or death.
This first step is obviously very difficult and expensive. Usually thousands of dollars are spent in obtaining records and expert opinions. If the experts are unable to render an opinion based upon the records (which have often been reviewed and altered by the potential defendants and their lawyers) then the investigation stops in its tracks.
Doctors and hospitals enjoy this unique barrier to the truth finding. If clients suspect their lawyers mishandle their cases, they simply can file a law suit and start taking sworn depositions. But should patients feel that their health care provider committed an error, they are forced to spend thousands of dollars and hours to get basic information that is available to any other litigant in any other type of case.
As a Miami medical malpractice lawyer, I am disgusted at the protection afforded the medical community at the expense of its patients.