this is an absolute negligence case. Do we absolutely need a lawyer to aquire compensation for this well documented medical malpractice situation? Should we approach the hospital without a lawyer to ask for compensation? Then hire one if they refuse to compensate?
Give&Take 2008
You could try it, but you probably get a better deal with a lawyer.
george 2
i would talk to them first and see what if anything they offer. just don't get to greedy because if you go through a lawyer whatever you get he will get half plus expenses for his services, may take years of going through the courts, may get nothing after going through the courts,and in the end you may get a whole lot less then if you had taken the hospitals offer.
sloanewhitley
YES! Get a lawyer today! Sue the doctors and the hospital..absolutely. That is negligence--nothing but.
Those damn doctors always, always leave somthing behind in a person's body--usually a woman cuz they don't give a damn.
Then threaten you will have a TV news crew come in--they hate bad PR. You have the power.
God these f'n doctors make me pissssed.
Mr. G
if you have proof, contact the human resources dept. first, they may offer a solution and a settlement without involving lawyers, outside of the hospital, why give an outside attorney part of a possible settlement, most importantly, is to safeguard her health
Terri M
I am a med-mal litigation Paralegal with 25 years of experience. The hospital or surgeon will not speak with you directly with regard to this situation. They will not make an offer nor will they accept any liability whatsoever.
What you don't say here is what is important. What effects did your mother experience as a result of this pad being left in her abdomen? When was it discovered? Will she suffer any permanent damage as a result?
ANY medical malpractice case has to prove by a preponderance of the evidence that THE CARE PROVIDED FELL BELOW THE STANDARD OF CARE THAT WOULD BE EXPECTED OF A MEDICAL PROVIDER IN THE AREA OF MEDICINE PRACTICED AND IN THE COMMUNITY IN WHICH THE PROVIDER PRACTICED.
In order to prosecute a med-mal case an expert physician would have to say under oath that the care/treatment fell below this standard.
Contrary to popular belief Medical Malpractice cases are one of the most difficult and most expensive to take to trial. Most verdicts are in favor of the defense. In order for a competent med mal attorney to take a case he/she has to believe it can be won before they will invest their time and money in taking it.
The key is the expert witness.
Orignal From: A Lap Pad was left inside my mothers abdomen during a colon resection surgery..pls read on...?
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