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Battle with C. diff and Lumbar Surgery

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yardbarker

New member
I live in Florida, and I regrettably decided to have back surgery about 1 1/2 years ago.

Less than 2 weeks later I developed a very serious infection. I was opened up again less than a month later to bleed out the infection after a scan showed a potential abscess. I was put on strong antibiotics which caused kidney failure. My kidneys (I think) later recovered, but I also received C. diff which I am very confident was caused by the surgery. I lost a lot of weight from it. I opened an AHCA case which found the medical provider negligent regarding my care on several fronts. I finally tested negative for C. diff (or it is just dormant) late last year. I am insured, but I lost thousands of dollars because the maximum out-of-pocket on today's medical insurance is only affordable for the wealthy.

I had an attorney, but the firm dropped it for 2 reasons: #1) It was not a clear path to winning the case and #2) not enough money in it for them (because of how complex and expensive it is to litigate these cases). I am searching for a different attorney. I was advised to get a younger attorney who is willing to spend the time and money looking into this. I am reluctant to do this because experience does matter here.

I did not post this to vent. I just need advice on what to do. 2-year statute of limitations is coming up. I am familiar with tort reform to some extent.

Please help and do not troll. I have been through hell.
 


quincy

Senior Member
I live in Florida, and I regrettably decided to have back surgery about 1 1/2 years ago.

Less than 2 weeks later I developed a very serious infection. I was opened up again less than a month later to bleed out the infection after a scan showed a potential abscess. I was put on strong antibiotics which caused kidney failure. My kidneys (I think) later recovered, but I also received C. diff which I am very confident was caused by the surgery. I lost a lot of weight from it. I opened an AHCA case which found the medical provider negligent regarding my care on several fronts. I finally tested negative for C. diff (or it is just dormant) late last year. I am insured, but I lost thousands of dollars because the maximum out-of-pocket on today's medical insurance is only affordable for the wealthy.

I had an attorney, but the firm dropped it for 2 reasons: #1) It was not a clear path to winning the case and #2) not enough money in it for them (because of how complex and expensive it is to litigate these cases). I am searching for a different attorney. I was advised to get a younger attorney who is willing to spend the time and money looking into this. I am reluctant to do this because experience does matter here.

I did not post this to vent. I just need advice on what to do. 2-year statute of limitations is coming up. I am familiar with tort reform to some extent.

Please help and do not troll. I have been through hell.
We cannot provide referrals. You can visit your state Bar website to search for an attorney or try Attorney Pages: https://www.attorneypages.com

Good luck.
 

xylene

Senior Member
None of the advisors here troll people asking for advice.

You need to find a lawyer. You will not be able to proceed with your claim otherwise.

We don't give referrals, this is not a referral site, as others have mentioned.

I understand your pain and negative outcomes and surgical infections. This has greatly impacted my family. You are not alone.

You have not really asked a question.

Who advised you to get a 'young' attorney?

Please come back with your questions.
 

quincy

Senior Member
Your last post was reported, yardbarker. Please reread the terms and conditions of this site.

Vulgar language is prohibited. Being rude to the volunteers on this site is not appreciated.
 
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Taxing Matters

Overtaxed Member
Please help and do not troll.
A young attorney may provide you with just as good a representation as some older ones. The idea that a younger attorney will be more hungry for cases and thus work cheaper might be true to a small extent, but probably not enough to overcome the problems your other attorney identified. No lawyer, and especially an attorney recently out of law school with large law school loans to pay, will want to spend a lot of money on a case that may not result in a sizeable judgment. Typically to get the lower contingent fee rate the client has to front all the out of pocket costs, and in a med-mal case those costs can be considerable. The expert witness fees alone will run you many thousands of dollars. The costs of discovery, including depositions, will also run thousands of dollars. The lawyer will also have to spend a considerable amount of time on the case. So unless there is a reasonably good chance to get a judgment that will significantly exceed those costs and the value of the attorney's time no lawyer will want to touch it. I don't mean to discourage you from looking for another attorney to take it, but just be aware that new lawyer or not, they'll all be looking at much the same thing. Because of that, I wouldn't focus much on looking for young attorneys. Look for good attorneys, young or old.
 

quincy

Senior Member
Here is a link to the Florida Bar so you can search for a replacement lawyer: https://www.floridabar.org/public/

Because you say you have recovered from the clostridium diifficile colitis - and C. Diff. Colitis often is a short term infection that clears nicely with antibiotic treatment - the injury suffered by you might not be enough to support a large award of damages.

A personal injury attorney might recognize you have a legitimate claim - as evidenced by the Agency for Health Care Administration's report of negligence - but the benefits to the attorney of helping you pursue a legal action with merit still might not justify the time and costs that must be expended by the attorney - especially when there is a good chance those costs are not recoverable.

Again, please read the terms of this site.
 
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