Florida Malpractice Law Versus 84 Year Old Man's Family – Not A Fair Fight
Posted by Bob Carroll
December 10, 2005 4:53 AM
December 10, 2005 4:53 AM
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Does the medical profession in Florida get a free pass when it injuries or kills an 84 year old man? You bet it does. The story of Fred Brittain, deceased (possibly as a result of medical malpractice), and his daughter Victoria Brittain shows why. When Fred died in 2002 his family felt it was caused by medical errors. Twelve law firms were contacted regarding the potential claim and all twelve declined. Why? They told the Brittains that his age and past medical problems made the case a financial risk.
Without even looking at the medical records, I can understand why all 12 firms declined. They declined because Florida law has intentionally erected so many limitations, barriers and hurdles for malpractice claimants that medical lawsuits on behalf of 84 year old citizens would be the least likely to be prosecuted by any experienced trial lawyer.
The Brittain trial is apparently scheduled for January, 2006, in Pasco County. Probate Attorney Jon Newlon has stepped forward to provide representation. Jon is to be applauded for his compassion and assistance. Will justice be done? Probably not. That is how I see it. And, that is exactly what the law in the State of Florida expects will be the case.
The story of the Brittain family struggle for justice can be found at TBO.com.