Malpractice flaws
Re the Herald’s July 14 online story “Once a prized witness in malpractice cases, Broward doc says his name is ruined:” I am one of the lawyers who defeated the spurious malpractice case against Dr. Scott Plantz.
When a lawyer settles a claim against a doctor, it is reported on that doctor’s Florida medical record forever; there is no mechanism to remove a claim if it is later determined to be false.
Insurance companies can settle a malpractice case without a doctor’s consent. Contrary to attorney Wil Florin’s quotes in the story, the more likely explanation is that the insurance companies settled claims against 10 other doctors because it was cheaper to settle, not because Dr. Roger Dellerson was “qualified” or correct in any of the bogus “opinions” he rubber stamped.
Judge Patricia Muscarella was correct, and her 19-page opinion followed controlling law. She did her part to put an end to a case completely without merit. Pursuing this type of case fuels the public’s hate for lawyers.
I thank the Miami Herald for exposing a flaw in Florida’s medical malpractice system: the ability of lawyers, interested only in profit, to write inaccurate sworn opinions and get unscrupulous and unqualified doctors to “rubber stamp” pre-suit affidavits.
Such disrespect for the law causes immeasurable harm to both the medical and legal communities.
Luke Lirot, law office of Luke Lirot, P.A., Clearwater
This story was originally published July 25, 2017 at 11:18 PM with the headline "Malpractice flaws."