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Orignal From: Maryland Medical Malpractice Lawyer
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Orignal From: Maryland Medical Malpractice Lawyer
Once you agree to the hospital's settlement offer, how long before you'll actually have the money? Thanks
Charles Veidt
Most likely depends on the terms of the settlement you sign.
Justin K
It should be in the terms of the settlement when the hospital has to pay and the method of payment - if there are multiple payments when those payments are to be made. There's no hard and fast rule - every settlement can be different.
Orignal From: When you agree to settle for a medical lawsuit, how long before you get the money?
I have an assignment due in the morning where I have to have a medical malpractice or negligence news article from sometime in the last year. I have been looking for hours and all I come across are lawyer websites. It Must be a news site of some sorts. Any ideas on where to look or know of any good ones?
Michael
google hospital malpratice, or google operation to wrong body part, I am sure you will find something
bdtxpress
I cant remember the name of the hospital, but its the only one in Katy Texas. If you find that there is a thing that was on the news about a year ago about them removing the wrong organ from a womans husband, which caused him to die. They removed his heart instead of what they were supposed to. Then tried to get rid of the heart before they got in trouble. At that point, they had already paid $ 250,000 to the widow, and still had problems they were trying to settle.
Orignal From: Help with Malpractice assignment?
Does this answer the question?
By PHILIP K. HOWARD
Eliminating defensive medicine could save upwards of $ 200 billion in health-care costs annually, according to estimates by the American Medical Association and others. The cure is a reliable medical malpractice system that patients, doctors and the general public can trust.
But this is the one reform Washington will not seriously consider. That's because the trial lawyers, among the largest contributors to the Democratic Party, thrive on the unreliable justice system we have now.
http://online.wsj.com/article/SB10001424052970204488304574432853190155972.html
So the democrats don't want to cut off funding to their trial lawyer friends.
Jacob
It's because it's not actually about saving money or covering the uninsured. The public option is an obvious trojan horse for a single payer system, which is then a trojan horse for government-owned health care, which is a major step in establishing a socialist/communist regime.
mac
Obama is for Tort Reform.
Teagan
He is preserving the jobs of ambulance chasers who contribute to his campaign modestly. Also his poor voters love to sue and he is not trying to cut them off either from free money d/t frivolous lawsuits.
Bryan
Because the goal of the health care initiative is not about reforming the system and never has been. I don't know why some people cannot see this. The administration is not proposing anything that will help control costs in the system. It is all designed towards giving the government greater control of the system as a whole.
suthrnlyts
And also because he knows it would work and that would give his "government takeover" less leverage.
A great example is what has happened in Mississippi since they've enacted tort reform:
Since passing tort reform in 2004, Mississippi has seen the number of medical malpractice claims plummet by 91 percent from its peak. The state's largest medical liability insurer dropped its premiums by 42 percent, and has offered an additional 20 percent rebate each year since tort reform went into effect.
In the wake of tort reform's passage, Barbour added, plaintiffs still have the right to sue and recover damages, and trial lawyers can still make a living -- just not at the previous, exorbitant level. "It has not been very contentious," he said. "Most of the trial lawyers -- particularly the ones who are really good lawyers, think that it's fair," even if "they don't like it."
In addition to the benefits to the medical profession, tort reform has ushered in a new age of economic growth in Mississippi. Such major corporations as General Electric, PACCAR, and Severstal are making major post-tort-reform investments, all on the heels of Toyota's decision to bring 2,000 jobs to the state in 2007.
Barbour said he believes the other companies "wouldn't have really noticed us if it hadn't been for Toyota, and Toyota wouldn't have considered us if it hadn't been for tort reform."
Here's your link:
Randa
You got it.
Do you know about this?
Per realist101
PJTV: The Power & Danger of Iconography
http://www.youtube.com/watch?v=GdtqtfXdR-c&feature=fvhr
If you watch it, watch it all the way through as I believe you'll see that whoever is doing this is right on.
Thanks for the good question.
Zap
Because, like the Immigration distraction your party is so hell-bent on trying to inject into the Health Care debate, it is a COMPLETELY SEPERATE ISSUE that deserves a different forum for debate, like judicial tort reform (or are you going to bring up oil drilling when we debate that issue?).
Let me tell you that your Party can keep trying to deflect and distract (since solutions are non-existent and this is all they have), but like all their efforts since 2007, you are going to continue to fail because lies can only go so far and distractions only work for so long (ever hear the story about the boy who cried wolf? Well, your party has lost all credibility crying wolf WAY too many times...)
I certainly understand the concept of controlling debate by forcing the argument into a position favorable to your side of the argument but the problem with your party is that they invent issues to connect to the debate or out right lie...this is where you will continue to fail unless you actually start coming up with alternative solutions, whining and crying doesn't win debates or elections.
Jeff S
No as for what the AMA says!
Have you ever heard of "conflict of interest"?
Why are Doctors allowed to run from state to state when they get in trouble?have you ever heard of collusion?in most hospital elevators there is a sign that says "don't discuss patient information in public".If you think they are protecting patient privacy you're naive or a liar!I wonder how many medical "mistakes" are never acted upon!
CONvict Shrubya
(sigh) once again, if you want tort reform then have your state legislature enact it. Keep it at the state level where it should be.
It is disingenous for you to complain about everything Obama does, particularly health care, as a government takeover and then ask for national tort reform.
The AMA? nice source, he he he.
In regard to the efficacy of tort reform. Insurance giant Wellpoint has said defensive medicine is only 2% of all health care costs. Admittedly, if the pie is large enough then 2% can be a lot but it is nowhere near the primary focus. States with malpractice limits have not seen reduced health care costs but they have seen reduced malpractice insurance premiums (AMA conflict of interest?). Finally, a jury of peers hears evidence and gives an award. Why not trust them? It shouldn't take too long to think of a scenario in which $ 250k (the common tort reform limit) would not compensate someone for the pain and suffering caused by a doctor's negligence. If an award is completely out of line with the evidence, the judge may reduce the award.
Lee B
You answered your own question, but, yes, it was to protect the financial interests collectively of the ABA.
Orignal From: Tips: Why has Obama said that Medical Malpractice Is Off Limits?
i am doing a mock trial in my Substantive Law Class and i ve hit a dead end i was wondering if anyone could get be a good site in regrads of looking up laws based on child negligence, liability, social guest and thats kind of all i can think of off the top of my head or any laws i might want to consider oh and this is all texas law FYI but anything that i could read up on would be useful
INSOMNIAC
The free site that i use is lawresearch.com, they have all of the state and federal statutes as well as the rules of practice.~
Orignal From: Laws on Parental Liability and Child Negligence?
How can I get compensation from a company for medical and earning damages? Need I sue? How do you sue?
Never have I sued, nor have I been interested in suing, but in this case negligence has caused a medical condition that has cost fifteen thousand, plus earning damages related to work of about twenty five hundred, not to mention physically and mentally abusive treatment of about a good honest "five" on a scale of one to ten (ten being like a real and serious beating).
I am so financially in the hole, and the company in question is actually charging me twelve hundred for its services.
Is it true that the case isn't worth a lawyer's time unless it can produce hundreds of thousands in compensation?
It isn't actually my case, but a loved one's. Email me for more information if you like.
Basically, give me the briefest Idiot's Guide to what I can expect of and in a lawsuit, since I know nothing whatsoever about this area. Do we pay upfront? How long does it take? Give simple terms, please.
Totally appreciate it.
Cartoon Head
There are LOTS of lawyers who specialize in medical malpractice cases and there's no cost to you unless they win, and no, they don't only take cases that are worth hundreds of thousands.
So, go to your local Yellow Pages and look under Attorneys, or under Lawyers, and find one whose ad specifically mentions medical malpractice, and make an appointment and see him. It's free to see him, and there shouldn't be any cost to you unless he wins the case, so give it a try.
Good luck!... ☺
jaymes_07
Well the wording of the question is confusing, but you should speak to a lawyer. You don't need to have a multi-million dollar case to file suit. Talk to some lawyers, explain the situation, and see if you have a case. Many civil suit attorneys will only take payment if they can get a settlement or win at trial, but they will only take the case if they suspect they can win. If nobody is willing to take the case, then there probably isn't a valid claim.
Orignal From: How can I get compensation from a company for medical and earning damages? Need I sue? How do you sue?
For more than a decade, American lawyers have bewailed the ethical crisis in their profession, wringing their hands about its bad image. But their response has been limited to spending money on public relations, mandating education, and endlessly revising ethical rules. In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems illustrated by the six disciplinary case studies featured in this book unless the legal monopoly enjoyed by attorneys in the U.S. is drastically contracted.
Richard Abel examines some of the most common ethical complaints made about lawyers in Lawyers in the Dock. Using detailed records of disciplinary proceedings, he describes the actions surrounding certain cases based on three of the most common complaints: neglecting the client by failing to pursue cases diligently; overcharging of clients by mystifying billing practices; and betraying adversaries and courts out of excessive loyalty to clients or causes.
In this book, Richard Abel will argue that these measures will do little or nothing to solve the problems exposed by his six disciplinary case studies unless structural changes are made to the legal monopoly in order to restore the public trust in lawyers. Lawyers in the Dock is essential reading for lawyers, law students, and potential clients who wish to restore trust and professional responsibility in the legal profession.
List Price: $ 75.00
Price: $ 56.92
Lawyers in the Dock: Learning from Attorney Disciplinary Procedings
Orignal From: Lawyers in the Dock: Learning from Attorney Disciplinary Procedings
The hospital has admitted fault.
arus.geo
talk with a lawyer that handles trusts.
Just_gone
Shop, like for anything else, at Oppenheimer, Dreyfus, Fidelity, Merril Lynch, and make them disclose the returns and the risks in plain English.
Then do a side by side comparison.
If it is substantial, you might consider a private bank, like Northern Trust, or the private banking branch of Bank of America. Pick the one with the best returns at a low risk who answers all questions understandably. You are in control, do not forget.
Pete
You may not be able to. In CT, the Court where the case is decided appoints a Trustee after considering suggestions by your lawyer. The Probate Court them rides herd on the Trustee (requiring annual or tri-annual reports, etc.). If you have any preferences, tell your lawyer. If they are reasonable, the Court will probably go along. Good luck.
LittleBarb
whatever you end up doing......if ANY of that money is to be used for treatments or whatever from anything related to that lawsuit, it is OK to use it but SOLELY for that purpose...and you will have to document EVERYTHING..... A few years back, my niece received an award due to having her ARM cut off in a riding mower accident... the parents put the money in the bank and a while later, decided to INVEST some of this money into their BUISNESS.... the courts made the parents pay the trust back before the girl turned 18.. Not sure which state you live in but there are probably different laws for different states... I'd speak to maybe the lawyer who handled your son's case to begin with to see what HE could suggest to you---he obviously MUST have some knowledge since he knew how to SECURE the malpractice award for your son.
Orignal From: My minor son will receive a medical malpractice award how do I choose a trust fund?
I need to do a 3000 word essay on law and economics relating to negligence rule compared to a no fault regime.
"Is a no fault regime better than a negligence rule as a way of dealing with the causes and consequences of medical error?"
Can anyone help me find academic sources and/or journal articles that would help me answer this question, specifically relating to medical error. A summary of arguments and reasoning would also be appreciated
simplicitus
I would look to the situation with auto insurance and the transition to no fault there.
http://en.wikipedia.org/wiki/No-fault_insurance
http://www.rand.org/pubs/monograph_reports/MR1384/
http://www.economica.ca/ew06_3p2.htm
http://findarticles.com/p/articles/mi_hb6645/is_n1_v59/ai_n28614733/
As for medical applications, take a look at:
http://www.rwjf.org/reports/grr/027070.htm
Orignal From: Law and Economics- Negligence rule versus no fault?
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Orignal From: Minnesota Divorce Lawyer,Attorney Legal Services,Lawyers Personal Injury,Criminal Defense Attorneys,Counsel,Mediator,Counselor,Power of Attorney,Immigration,Bankruptcy,Tax Law Office,Notary,Notaire,Attorney General,Medical Malpractice,Brain Injury
I was being treated for De Quervain's Tendonitis from December 2005 up until March 2006, when worker's compensation decided to go against my doctor's advice to see a certain hand surgeon for a cortisone shot. They wanted me to go to someone else, which I did. The man did no MRI, instead choosing to do an X-Ray, which will not help, and only saw me, actually touched my hand, for only one minute, after which he told me "you'll be fine" and sent me on my not so merry way. After this, worker's compensation dropped my case and I was forced to take care of my hand on my own. Three months later, after only one appointment with a doctor at a MedCheck and one five minute appointment with a "real" doctor, I was scheduled for surgery and I'm finally on the mend. All I want now is to report the man who, as far as I'm concerned, was in the back pocket of worker's compensation and inevitably delayed my healing.
I guess maybe I wasn't clear enough. I don't want compensation from this physician. All I want is a mark on his record, a red flag to other's who may entrust their hands to him.
bill j
get a lawyer
Gerald S
Contact the state medical board.
cleancutspike
call a lawyer.
votefromtherooftop
Each state has a medical board which licenses
Doctors to practice medicine in that state.
Look them up under state government.
tina
Go to a compensation- solicitor !
PATRICIA G F
If you have a complaint about unprofessional care, contact the state medical licensing board for reporting a complaint. It's usually listed in the "blue pages" of the Yellow Pages under "State."
You can also find it in your state's official website, which you can find as http://www.state.(the two letter abbreviation for your own state).us by just using the state abbreviation instead of the ( ) as shown, for example http://www.state.ok.us for Oklahoma.
You may also want to consult an attorney who specializes in malpractice. Usually there is no charge for an intial consultation.
wavey
You'll have a problem getting anyone in the medical profession to come out and testify AGAINST another Doctor.Its a closed shop,as I've found out thru personal experience.
You need a specialist solicitor for this,one who does medical compensation claims.
Good Luck hun.You'll need it.
Faith K
First of all you need to let the "workers compensation" know about the doctor in writing, because they may be unaware of these practices and follow up with them. If you think that their is a "referal service" going on, you need to get this proof in writing, thus, this is why you need to get all the information you can about the "workers comp." Once you get that, get copies, names etc anc check on the doctors background. The book "Healthcare for Less" by Michelle Katz has a list of websites, and "red flags" you should look for in a doctor (as well as teach you how to save money in healthcare), this would be a great reference for you. Once all of this is done, you might find that the doctor is NOT board certified, practicing something he has no training in etc...that is when you should report him to the state board of medice....what you are describing is NOT malpractice. If you get "pushback" from this, you may have to write a letter to the state attorney general.....but be sure you have EVERYTHING documented and you did your homework first! I hope this helps.
Orignal From: Does anyone know how to report a physician for malpractice?
oes anyone now a case where a doctor has done medical malpractice? give me a story thats been on the paper or news
Sean T
Borel v. Young
Rev Doc Holiday
http://www.usatoday.com/news/nation/2004-06-13-med-malpractice_x.htm
Orignal From: does anyone now a case where a doctor has done MEDICAL MALPRATICE?
Obama's talk of medical malpractice reform surprises both sides
His use of the term 'frivolous lawsuits' in his State of the Union address upsets patients' rights advocates. President Obama took both Republicans and normally supportive patients' rights advocates by surprise this week when he voiced support for a national limit on medical malpractice lawsuits.
Read more on Los Angeles Times
States Step Up Legislative, Legal Action Against Federal Overhaul
State legislatures are considering bills to undermine the sweeping health overhaul. In addition, a Virginia court promises speedy action in a pending legal challenge. And, of course, the concept of "waivers" continues to draw interest. The Associated Press: Panel OKs Bill To Block Health Overhaul In Minn. Legislation that would repeal a Medicaid health care expansion ordered by Democratic Gov ...
Read more on Medical News Today
Orignal From: Obama's talk of medical malpractice reform surprises both sides
Legal cases involving nurses... Malpractice... Negligence... Anything...
African
Administering the wrong Drug.
Or do you want real cases tried in court as a reference?
jamie5511
good one and very concerning
Templarwhip
One huge issue is IV sites, especially involving chemotherapy. There was a case where the IV nurse had not documented on the IV sheets on the condition of a site and the chemo leaked and the patient lost their arm because of it.
That particular facility required new IV starts for Chemo every 48 hrs and the site had not been changed in 5 days!
sheila
Causing damage to nerves by venipunture, not assessing and reporting a patient's worsening condition to a doctor, allowing an iv fluid to flow without a pump at a bolus rate to someone in CHF, giving the wrong blood type to the wrong patient, tearing the urethra with a foley cath insertion, injecting a bolus tube feeding through a central line. These are a mere few of the ones I have seen or heard of over the years.
Loving_Heart
Go to Google.com and enter your search.
kenneth h
You had sex with a patient and he died !
Orignal From: Give me an example of medical malpractice cases in the nursing profession?
Value of bed rest for pregnant women questioned
Data don't back up prescriptions of bed rest Margaret Simon spent the last four months of her pregnancy lying in bed on a doctor's orders, hoping to prevent a miscarriage and a preterm birth. As a result, Simon lost her job, struggled to care for her two older children and grew so unfit that she got winded taking showers.
Read more on Chicago Tribune
President Obama rallies health overhaul supporters; Reports by Dems and GOP offer very different views on law's impacts
In a Friday morning speech, Obama was expected to offer a message to "fire up" health law supporters. Reports indicate a White House report will detail the positive effect the health law will have on health insurance premiums. Meanwhile, however, Republicans are citing a report of their own that shows the law's negative repercussions for child-only health plans.
Read more on News-Medical-Net
Orignal From: Value of bed rest for pregnant women questioned
Countering spurious defenses. (includes related article on Association of Trial Lawyers of America's Professional Negligence Section) (Medical Negligence): An article from: Trial
This digital document is an article from Trial, published by Association of Trial Lawyers of America on May 1, 1994. The length of the article is 3676 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
From the supplier: Plaintiffs' attorneys must be prepared to counter certain spurious defenses which defendants may employ in medical malpractice cases. Defendants in cancer cases may argue that a delayed diagnosis made no difference because the patient would have died anyway. This can be countered by showing that early diagnosis significantly improves survival chances. Surgeons who argue they did not recognize a structure due to an anatomical anomaly and inadvertently damaged that structure can be countered with the argument that good surgeons anticipate anomalies since no two patients are the same.
Citation Details
Title: Countering spurious defenses. (includes related article on Association of Trial Lawyers of America's Professional Negligence Section) (Medical Negligence)
Author: Abraham Fuchsberg
Publication: Trial (Magazine/Journal)
Date: May 1, 1994
Publisher: Association of Trial Lawyers of America
Volume: 30 Issue: n5 Page: 28(6)
Distributed by Thomson Gale
List Price: $ 5.95
Price: $ 5.95
Countering spurious defenses. (includes related article on Association of Trial Lawyers of America's Professional Negligence Section) (Medical Negligence): An article from: Trial
Orignal From: Countering spurious defenses. (includes related article on Association of Trial Lawyers of America's Professional Negligence Section) (Medical Negligence): An article from: Trial
If my family decided to pursue this claim, I have no idea what the limit or cap is or if there is one. We live in california, and I dont know where to look for that law to show my family.
bobby d
100,000.00
melissa s
it depends on a lot of factors, one being how much malpractice insurance the doctor has
John S
There is no cap on recovery for economic loss (e.g., medical expenses, lost employment, etc.). There is a $ 250,000 cap on non-economic losses (e.g., pain and suffering). (Civil Code section 3333.2.)
The interesting thing is that juries are not told about this cap, and so can bring in a verdict for as much as they think the plaintiff should be awarded for non-economic damages. As a result of the cap, some jury awards have been reduced by millions of dollars. Whether you think this is a good thing or not probably depends upon whether you think that juries are monumentally stupid or not (and if you think they are, why do you support a jury system at all).
Orignal From: what is the award limits for medical malpractice in california?
Brian
That's a civil proceeding but Criminal charges must be pressed against the attending.
Jay
Civil law.
silky1
Medical malpractice is a civil proceeding.Stated simply, 'malpractice' is a claim of professional negligence and is tried in the Civil Courts, whereas criminal charges are made by the state and are tried in the Criminal Courts.
Truthseeker
Medical malpractice refers to conduct, it can give rise to both. It can be a tort and or a crime just like a car "accident" can give rise to both. A cause for civil liability in addition to prosecution. Malpractice is just a word for negligence.
It all depends on how serious the malpractice is. The more serious it is, the more likely a crime was committed.
Orignal From: is medical malpractice civil or criminal law ?
Specifically, which have limits on punitive damages.
What are the average yearly premiums by state for malpractice insurance?
oberdan_talkrue
PA
Doctor J
The 'State of Despair'.
Orignal From: Q&A: Which states have the best medical malpractice climate for doctors?
Medical malpractice reform savings would be small, report says
An analysis by the nonpartisan Congressional Budget Office found the savings -- about 0.5% or $ 11 billion a year at the current level -- far lower than advocates have estimated.
http://www.latimes.com/news/nationworld/nation/la-na-malpractice10-2009oct10,0,4877440.story
Respect and Responsibility
At least they are SAVING and not SPENDING.
Johnny Sokko
How much would be saved after doctors don't have to practice "defensive medicine" and order a battery of expensive tests on everybody they see to avoid being sued?
Besides that, how much would be saved by kicking out illegals from Emergency Rooms (unless they are at death's door)?
How much would be saved by easing government regulations on Health Insurance companies and allowing them to fairly compete with one another for the consumers' money, just like every other business?
Would all these savings translate into a "lot" as opposed to a "little"?
tecrchpeal
Okay, so at what monetary point is a reform worthwhile? $ 11 billion dollars is STILL a lot of money. And it's not just Republicans who are in favor of it.
yellow.45
the republicans have been trying to give that gift to the insurance company for years.
Orignal From: Tips: Why are republican so crazy about medical malpractice caps, they save barely anything?
I won a settlement from a medical malpractice claim where I was not given anestheisa or pain medicine for an emergency c-section. Does this count as physical injury or sickness in order to be exempt from paying taxes?
Greg M
No, Insurance proceeds are never taxable unless there are some specific reasons. You should not receive any forms regarding the income.
No4
Compensatory damages are not taxable, but punitive damages are. If a portion of the damage award was punitive, then that portion should be reported as income.
Orignal From: Will I have to pay taxes on medical malpractice settlement?
Our dentist "King Rhodes" secuced my wife and other women in his office in the Dallas Metroplex. It began under medication but continued with his grandeous ways of conversation until he finally gets what he wants. He is a black man that goes after white women. How is the proper way to stop this man from continueing this in his practice.
Lis
Report him.
Caroline
I doubt this is malpractice but it's certainly unethical, although I can't help wondering what being "secuced" feels like.
J.D.
It is not malpractice because it doesn't involve his professional ability. However, he is probably breaking a code of professional ethics which would likely have his license pulled by your state's licensing board. You should file a grievance with that board. Furthermore, you may have civil remedies for criminal conversation and/or alienation of affection.
WRG
If he had sex first under anesthesia then it is rape. But since your wife doesn't seem to have a problem with it you are not going to get anywhere because you have no evidence that it happened that way.
It isn't malpractice it is unethical.
John Redrow
Go into the office for routine work and get a very small hidden camera, if you get the footage you're seeking, you'll probably become rich.
Are people seriously saying raping women while not capable of consenting to anything is not malpractice, that's a big hardy har har har.
keket
get evidence and sue that mother fu**er never in my life would i let my wife go threw that sh** and nothing happen one way or the other testify or I 'd handle this personally but still rape is rape if it stared out innocent or not its still rape suduced by what gas???? suduction don' work unless you want it to
Agust
Report him to the police and make your wife testify against him as sexuall harassment, he'll never be able to work as a doctor ever again.
aeriol7
You report the dentist to the medical professional board and they will take away his license to practice. then his actions can also be reported to the police in Dallas and someone will have to come forward and testify. The medical ethics board will back a malpractice suit if the allegations are true but you can sue anyway but first you have to have a police report documented.
Ruth S
Video tape him action!
Orignal From: is it malpractice for a dentist to have sex with a patient?
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Orignal From: Bill Tyra tells Katie's Story of Medical Negligence
I believe we have a reason to file a medical malpractice suit for something that occured a long time ago. I understand that some cases can be valid if the patient realizes later that some form of malpractice has occured, but is there a such thing as too long? This isn't an out-to-get you-kind-of-thing, more of wanting fairness.
x=x*+v*t+(1/2)at^2
In most states it's 2 years from the original incident or 2 years from the time harm was determined.
You'll have to check with you state. Call a lawyer, they will tell you for free.
evilattorney
It depends on the state and it may depend on the circumstances and on the victim. You need to see a malpractice attorney in your area.
Orignal From: Tips: How long do you get to file a medical malpractice suit?
I am not trying to seek any "pain and suffering" damages. Only medical bills. There was a sugar spill in the grocery store. I slipped, sprained my ankle, cut on my knee, and left sciattica nerve damage to the left side of my back. The grocery store has denied any liability or negligence. What should I do? Small claims may get my medical bills paid but I am afraid of even taking it there. They are a big company and I have called around 18 lawyers. None of them want the case. Hard to prove they say. Can anyone give me any advice?
Chandra H
You need to get the report from the grocery store where you fell stating what happened than go to the hospital and get all the information that you can there, Take it to small claims court yourself. If you have insurance call them and some of the time they have lawyers on staff to help in these situations so they don't have to pay your claim. Contact department of human services and find out if there is any free legal help where you live. IF you make enough noise than the store will pay just to keep from having bad publicity.
Faye H
No lawyer wants to take the case because slip and fall cases are very hard to prove fault in.
First of all, slipping and falling is not necessarily someone else's fault. You would have to prove that the sugar got spilled, the store left it there and didn't clean it up in a timely manner, or it was their fault it got spilled in the first place and they didn't clean it up, etc.
Second of all, if they had camera's in the store, and most stores do nowadays, they may have already reviewed the tape and determined that they weren't negligent.
In order for the store to be liable, one of the following must be true.
* The owner of the premises or an employee must have caused the spill, worn, or torn spot, or other slippery or dangerous surface or item, to be underfoot.
* The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
* The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words "should have known." Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
If you still think you have a case, go for it. But your chances are slim. Store owners got so many claims for people that slipped on a banana peel in years past, they've gotten a lot more aggressive at denying the claims and sometimes, even going after the person that fell if they feel the claim is fraudulent.
Additional info since several people have told you to sue in small claims court and they will likely settle: Large corporations like chains of grocery stores, have gotten aggressive in defending claims like this if they feel they are not liable. Years ago, they would settle just to get rid of the case. That is not true anymore because of the increase if frivolous lawsuits and fraudulent claims. I'm not saying you can't sue. I'm just telling you, don't expect them to roll over and hand you money especially if they do not feel they were negligent. You will have to PROVE that they were in order to win.
mbrcatz17
It's not uncommon for grocery store chains to NOT carry "medical payments" coverage, a no-fault coverage that would pay a small amount of medical bills.
It looks like they reported the incident to their insurer, and are responding. I would assume from their response, and from you saying "they are a big company", that they don't have a no-fault, medical payment, and aren't willing to assume fault.
Your ONLY chance here, is to either hire a lawyer and sue them, or sue them in small claims court for just the medical payments part. In any case, you'll have to prove that they knew the sugar was on the floor, and didn't clean it up in a timely manner. As you can tell from the fact that none of 18 lawyers want to take this on contingency, you have a very weak case. If you don't want to pay a lawyer up front, file for your medical bills with small claims.
If you don't sue, you can't collect. Period. Even if you do sue, it's up to YOU to prove them negligent. But if you sue in small claims court, for a small amount, they'll likely settle.
Shadow
You only want medical bills pay???? After talking to 18 lawyers?? You know you are looking to get rich the faster way but it never happens so give up.
mamatohaley
Why should they pay for your medical bills? You are the one that fell on the sugar. I would argue that you should watch where you are walking. I think this is a good case of assumed risk. When you go into a grocery store there is a good chance that there is something spilled on the floor somewhere in the store. 18 lawyers agree because you don't have a case. I am sorry.
Orignal From: Tips: I have a slip and fall injury with a grocery store. Please read?
EL woman sues for R7m over zip-line accident
An East London woman is suing the Education Department, Lilyfontein School and Ontrack Adventures company for almost R7 million after a tragic zip-line accident during the popular Lilyfontein Adventure Race in 2005 left her severely disabled.
Read more on Daily Dispatch
Carol Finklehoffe and Robert Peltz Join Leesfield amp; Partners, P.A
Florida-based trial law firm Leesfield Partners, P.A. announces that Carol Finklehoffe and Robert Peltz have joined the firm. Both attorneys bring decades of experience to the firm, with a focus on maritime litigation and cruise ship liability matters. Carol Finklehoffe is an active trial attorney throughout the state of Florida in both state and federal courts, with the main concentration of...
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Orignal From: Lastest Medical Negligence Articles News
Is there any way for a medical malpractice case to take place in America, if the injury occurred in Paris, FR?
When I was born, the doctor used forceps, which caused a brain stem hemorrhage. We are trying to sue the doctor. I was born in Paris, but they've recently socialized their medical malpractice system, so that it is like workmen's compensation.
Is there anyway we can sue in America, if the injury happened there?
Zach
No. America has absolutely no jurisdiction to bring up such a case.
Quizzard
If you were born in Paris, the law of France applies. US courts have no jurisdiction.
ornery and mean
Nice try! Shopping around for a country with the best chance of making you a millionaire. French law would apply, not American.
Orignal From: Is there any way for a medical malpractice case to take place in America, if the injury occurred in Paris, FR?
Medical malpractice insurance crisis far from over. (Focus Health Care).: An article from: Mississippi Business Journal Reviews
This digital document is an article from Mississippi Business Journal, published by Venture Publications on January 27, 2003. The length of the article is 1409 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
Citation Details
Title: Medical malpractice insurance crisis far from over. (Focus Health Care).
Author: Lynne W. Jeter
Publication: Mississippi Business Journal (Magazine/Journal)
Date: January 27, 2003
Publisher: Venture Publications
Volume: 25 Issue: 4 Page: 19(1)
Distributed by Thomson Gale
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Medical malpractice insurance crisis far from over. (Focus Health Care).: An article from: Mississippi Business Journal
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Although 25% of all physicians are sued for medical malpractice each year and 65% of all physicians are sued sometime during their careers, most medical malpractice claims can easily be prevented by following seven simple rules. This concise reference manual clearly yet succinctly shows physicians and physicians-in-training how to avoid malpractice claims, explaining in simple terms the basic strategies to preventing claims before they ever begin. Written by an expert medical malpractice defense attorney--who teaches malpractice prevention techniques at medical schools, teaching hospitals and medical centers across the country--and edited by a team of physicians, Physician, Protect Thyself is endorsed by physicians at Harvard, Stanford, Johns Hopkins, Dartmouth, Cornell, the University of Pennsylvania, Georgetown and Colorado, to name a few. Recommended reading for every physician, resident, fellow, intern and medical student, following Physician, Protect Thyself's suggestions will definitely result in the reduction of malpractice claims.
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Physician, Protect Thyself: 7 Simple Ways Not to Get Sued for Medical Malpractice
Orignal From: Medical malpractice insurance crisis far from over. (Focus Health Care).: An article from: Mississippi Business Journal Reviews
Don't count on doctor's and hospitals to reveal their mistakes. Visit the Attorneys at Janet, Jenner & Suggs, LLC at www.MyAdvocates.com.
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Orignal From: Hospital Mistakes and Medical Errors
McCarthy & Kelly, LLP www.mccarthykelly.com Medical Malpractice occurs when a health care provider fails to act reasonably based upon what would have been expected from similar health care providers under the same circumstances. Some examples of medical malpractice include failing to timely diagnose a serious condition, improperly performing surgery, failing to properly monitor a patient's condition, prescribing or giving the wrong or incorrect amount of medication, and either failing to or incorrectly interpreting the results of diagnostic tests. If you suspect that you are the victim of medical malpractice, it is critical that you consult an attorney with specialized experience in medical malpractice law. Unlike most firms, the attorneys at McCarthy & Kelly LLP offer our clients the services of highly qualified, experienced medical malpractice attorneys that are very familiar with critical medical issues. New York 52 Duane Street - 7th Floor New York, NY 10007 (212) 732-6000 New Jersey 220 St. Paul Street Westfield, NJ 07090 (908) 964-6130 Florida 809 North Dixie Highway West Palm Beach, FL 33401 (561) 968-3600 Email info@mccarthykelly.com
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Orignal From: Medical Malpractice Lawyer in New York, New Jersey, Florida
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How to Survive a Medical Malpractice Lawsuit: The Physician's Roadmap for Success (HOW - How To)
Orignal From: How to Survive a Medical Malpractice Lawsuit: The Physician's Roadmap for Success (HOW - How To)
Check out these medical malpractice stories images:
20080629 - After Clint's oral surgery - 160-6003 - Inside Clint's mouth
Image by Rev. Xanatos Satanicos Bombasticos (ClintJCL)
Orignal From: Cool Medical Malpractice Stories images
August 2009, during my last pregnancy, routine lab tests were done at Dr. Thomas Lee's office in Montclair CA. Before the results of these test were back, I transferred to a different doctor. I signed a release form, and requested my information be faxed over to my new doctor, little did I know that the results were never sent. I went into labor at 27 weeks, my daughter weighed 2lbs 3oz. She spent 2 months in NICU before she was released. She was treated for a lot of things, but now she seems healthy. She sees her pediatrician, the regional center, the high risk clinic, a cardiologist, and an eye doctor. For now, I don't know if she will have any permanent injuries. She has not been diagnosed with any permanent injury yet.
While I was in labor, the doctor said that my amniotic fluid had a foul smell, and that I must have had an infection, but there was no follow up about that after. Two months later, I found out that I did come back positive for an infection from the blood tests done at Dr. Lees's office. They never contacted me, nor sent the results to my new doctor. The infection that I had was treatable and since it was not treated, it resulted in the premature labor of my daughter.
I lost my job due to the fact that I went into labor so early. I want to go back to work but my daughter is way to small and needs a lot of extra care to be left with a babysitter. Can I get any sort of compensation for the medical negligence from Dr. Lee's office?
Truth Sets You Free
Consult with a personal injury lawyer
WRG
You might well have a case. I would contact a lawyer.
davidmi711
Possibly. First you will need a doctor that is willing to get on the stand and state that your premature labor and birth were due to the infection and that the blood results would have provided enough notice to stop that from happening if they had been received on time.
Of course you will need to hire a lawyer to handle the case.
sgoldperson
Can you prove the new doctor asked for the info? Did you PERSONALLY call Dr. Lee's office, or simply sign the form? Also you transferred BEFORE the tests were finished, so the office may have sent over your records, and even noted that tests were pending. However they were never contacted again so they wrote it off when they got the test results, thinking the NEW doctor would have sent out for tests. How about a little blame on the new doctor UNLESS you have the whole story and know they asked for the test results from the start, as well as after they should have arrived. This ISN'T negligence if you don't know the whole story, unless you want to sue the new doctor.
Cacille
Get ready to prove that Dr. Lee's office never sent the paperwork. And that your request that paperwork be sent was a signed and agreed upon necessity that needed done. And that the lab tests showed evidence of a possible early delivery/problems with pregnancy. And that your daughter will require tons of medical help for her long-term future because of the unsent papers.
...Also get ready for doctors not wanting to take on you as a patient because of this lawsuit if you ever get it done. Good luck.
Ranger4402
If I am not mistaken the maximum injury award in CA for medical malpractice is $ 250,000.
You will have to find an attorney. This attorney needs to get paid. The costs of bringing this suit could easily exceed the $ 250,000 you will collect or get as a settlement assuming either occurs.
If I were you, I'd be happy that so far your baby is healthy and maybe doesn't have any lifelong problems from this premature delivery. No amount of money can fix things such as permanent blindness, cerebral palsy, or mental retardation. You can get a new job. You can't get a new child.
As for you losing your job, that smacks of an illegal job termination to me. You did not induce this labor. I'd hire an attorney and see if you have a wrongful job termination claim. It is illegal to discriminate against pregnant women in the workplace.
USAFisnumber1
You can sue for all the added medical costs related to the infection including the premature delivery and subsequent care of the infant. You can also sue for related loss of income due to having a premature infant. You can also ask for punitive damages as they did not do as they were legally required to do. You could also ask for a half million for your child due to the extra baby care she needs.
However, if you do not win Dr. Lee could sue you for professional defamation for posting his name like you did here. I suggest you delete this question ASAP and repost it without giving names.
Orignal From: Can I sue for medical negligence without permanent injury?
When using tort reform as a means to lower health care costs have you actually looked at the facts? While to the casual observer capping judgements seems as a way to bring down medical cost. Most fail to realize the rates charged to doctors has more to do with meeting wall street expectation than payouts to victims of doctors negligence. Yes this coverage is needed by all doctors, insurance companies can charge doctors high rates for this coverage. The doctors then pass this cost on to patients. Tort reform will have no impact on health care costs.
DAR
It would definitely impact it, but it isn't the cure.
Ron Paul suggested that the antitrust laws be reversed that prevent doctors from entering into arbitration agreements with patients, so recovery isn't necessarily limited but the cost and time it takes to get to the recovery stage is much much less.
The Zeitgeist
Tort reform is a bigger joke than Glen Beck.
It has been tried and failed miserably.
In fact, there has never been an example to cite where it worked.
It is not even part of a plan. Just look at the malpractice insurance premiums in the states with the lowest award caps. They are among the highest in the country!
Doh!!!
regerugged
You are totally wrong. Some doctors pay as much as $ 200,000 a year just for medical malpractice insurance. On top of that they have to have commercial general liability insurance. Then there is personal injury liability insurance. Then some umbrella liability coverage.
If a doctor cannot be sued for medical malpractice, he does not need the insurance. So he saves $ 200,000 per year.
JamesP
Ya, let's bring in the personal injury attorneys to make this health care
thing less complicated.
Of course it needs reform, but please don't give the rep's any ideas on `how to make sure a health care bill never happens.
Bryan M
Then explain to me how TORT reform has worked in Texas? And the quality of the care there has gotten better. And why doctors are flocking towards Texas to work there?
sl63128
There are many unnecessary tests and procedures that are ordered by physicians in order to defensively practice medicine, so if sued they can prove they provided all means possible to diagnosis and treat their patients. Millions is spent for these unnecessary tests and procedures that would not occur if tort reform was put in place.
Finally, many hospitals pay a portion of their practicing physicians malpractice insurance and in some cases if that physicians signs on to only service that hospital all is covered. Keeping in mind those physicians in private practice too who pay their own malpractice insurance and then have to charge more to practice thus costs of services are higher. In order for hospitals to do this they drive up the cost of all medications, procedures, tests, surgery's, and hospital stays to cover the outrageous costs of malpractice insurance. So with that said, it would in fact cut these costs down if tort reform was in place.
There are of coarse many other costs that would be cut if tort reform was in place.
phil
it would help ,along with going after fraud,and increasing the number of medical schools or students. most people don't know but when they formed the American medical association one of the first things they did was close half of the medical schools creating a lower number of doctors making for less competition. if we tried those 3 things cost would drop dramatically
Nikki
I disagree. Having several friends who are doctors & one a very famous & successful one, their main complaint, aside from people not taking care of themselves, is about the frivolous lawsuits they must deal with & the exorbitant costs of malpractice insurance. It's the lawyers. People only need contact a lawyer & with no charge to themsleves the lawyers filing reams of paperwork & the doctor MUST respond. Reign in lawyers. Yo'll reign in health care costs.
And that applies to most everything.
Pascha
I agree with you.
Not only are average payouts to victims of malpractice not nearly as high as the people crying for "tort reform" claim, many victims of malpractice get nothing. Most cannot even find a lawyer to represent them, because they are too old, too young, or too poor to have a high "earnings capacity," on which a high malpractice award can be based.
The "tort reform" that is necessary is the kind that gets rid of the doctors whose careless and negligence causes disability and death.
Orignal From: Tips: using tort reform to lower health care costs?
Over 7000 medical mistakes are made every year and yet there have not been that many deaths in more than 5 years in Iraq. Without minimizing or demeaning those that have died in Iraq I want to know why we look the other way? The Iraq war has reasons but medical mistakes are glazed over and forgotten about. What needs to be done to shift our focus?
Joe B
Let me tell you about themedical mistakes done to Iraq war soldiers...
Janell T
Because when soldiers go to Iraq they do it voluntarily and can die.Medical mistakes aren't made on purpose and patients don't volunteer for them.
Don M
Because wars are done wilfully, presumably with reason, and can be stopped when they are deemed unreasonable or unjust.
Medical mistakes are done by accident, and can be avoided by proper focus on quality and best practices.
Both cause deaths but other than that they have nothing in common.
And both are regrettable.
notyou311
What does one have to do with the other?
bootedbylibsx2
Bringing attention to the frequency of deaths caused by medical incompetence or negligence doesn't fit in to the mainstream media's sales plan.
cato___
Please tell me what the reasons are for the Iraq war? And why are you only counting American Deaths and overlooking the hundreds of thousands of Iraqies?
The deaths you are referring to are due to a lie, there were no weapons of mass destruction, and even if there were, there are many other countries that have such weapons, why did we invade Iraq and not the other countries?
Put in terms of your question, only 3,000 or 4,000 died in 9/11, why did we go to war over it and get another 4000 killed?
glader33
There was a report last year clearly stating that 750,000 iraqi's had died(denied by the blair and bush camps~of course.)It's probably around one million today.The 7000 people dying through medical mistakes is also a dreadful problem~making profits from the sale of sometimes unsafe drugs is a big part of this problem.Hope both problems are soon solved.~~I've just checked on google,incredibly the number of medical mistakes in usa is actually 783,936 per year!!!! (naturalnews.com)
Its moi.
Maybe its because we´re only human and even doctors can be expected to make mistakes in diagnosis, or not perform the perfect surgery, etc. I mean, we arent always necessarily talking about negligence- what about a margin for error? You can not expect a human to perform any activity with 100% exactness, especially when it relates to something as complex as the human body.
The Iraq War, on the other hand, was a conscious decision to go in and kill people and put citizens of the invading nation at risk in the process.
Two completely different things.
kolorz
You think because someone is a doctor, they dont make mistakes, yeah right. Humans make mistakes. Let me know when you find that perfect world you are looking for. Geez!
Orignal From: More people die from medical mistakes every year.. And all I hear is how many died in the Iraq war?
case study for malpractice of surgical instruments left in the body
scratch pad answers
What do you mean case study
Give a bit more details to what you are saying .
Do you or are you wanting to sue, if so in which country are you? then maybe I can help. I am in the same situation. Check my Questions.
Orignal From: malpractice suits for leaving surgical instruments in the body?
AMA And 100 Other Organizations Voice Support For Health Act
The American Medical Association (AMA) and 100 medical and physician organizations sent a letter to the sponsors of H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011. The organizations strongly support the bi-partisan legislation and its reforms of the nation's broken medical liability system. "Our current medical liability system fails both patients and ...
Read more on Medical News Today
Jury awards 3G in malpractice case
A Cambria County civil jury has awarded a Meyersdale man $ 633,525 in a medical malpractice lawsuit in which he was claiming negligence in his care that resulted in his right leg being amputated above the knee in 2006.
Read more on The Tribune-Democrat
Orignal From: AMA And 100 Other Organizations Voice Support For Health Act
The Role of Expert Witnesses in Medical Malpractice Cases: Leading Experts on Utilizing Expert Witness Testimony, Understanding Technical and Scientific ... and Preparing for Trial (Inside the Minds)
The Role of Expert Witnesses in Medical Malpractice Cases is an authoritative, insider's perspective on the best practices for utilizing and building relationships with medical malpractice experts. Featuring leading medical experts from across the country, these leaders guide the reader through the process of preparing and presenting expert witnesses testimony in court. The authors describe the medical records that are most important when formulating an opinion on a case and explain how experts analyze this data alongside scientific research in order to maintain credibility. From assisting the witness in preparing for cross-examination to asking for advice on questions for the opposing expert, the authors offer advice to attorneys for working with experts to obtain the best outcome for a client. Additionally, these leaders discuss the challenges of serving as a witness in malpractice cases, such as explaining medical science to a jury, staying on top of new developments, challenging collateral issues in court, and meeting the Daubert standard. The Role of Expert Witnesses in Medical Malpractice Cases is a key resource for attorneys and experts alike. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great minds in medical malpractice today, as these experienced experts offer up their thoughts around the keys to uncovering and understanding medical evidence by utilizing a malpractice witness.
Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies and firms nationwide. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession, or topic is heading and the most important issues for the future. Each author has been selected based upon their experience and C-level standing within the professional community.
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7. Nigel R. T. Pashley, M.D., President, Children's Ear Head and Neck Associates - "Providing a Balanced Scientific Point of View"
8. Thomas Jay Berger, M.D., President, Heart of the Matter Expertise - "Your Medical Malpractice Expert: An Advocate for the Truth"
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The Role of Expert Witnesses in Medical Malpractice Cases: Leading Experts on Utilizing Expert Witness Testimony, Understanding Technical and Scientific ... and Preparing for Trial (Inside the Minds)
Orignal From: The Role of Expert Witnesses in Medical Malpractice Cases: Leading Experts on Utilizing Expert Witness Testimony, Understanding Technical and Scientific ... and Preparing for Trial (Inside the Minds)
I made an appointment to see a doctor about a month ago & had the appointment scheduled for yesterday. The office accidentally canceled my appointment, and now I am not able to receive a medication that is really important to me right now.
Is this malpractice?
This appt was to receive a second opinion within the office, as the previous doctor was hesitant to prescribe me something but I was told that this doctor would prescribe me something.
I don't have any standing prescriptions from the office, but I have been receiving treatment here for 2 months.
Teekno
No. It's not malpractice, because there has to actually be practice before it can be MALpractice.
firewomen
No. Call the doctors office and ask them to call in a prescription to the pharmacy you use.*
Lauren F
Not malpractice, certainly, but call them up and have an emergency supply of your meds phoned into the pharmacy so you can get enough to tide you over until you have your appointment.
WRG
Not Malparactice.
But your doctor won't prescribe the meds. If this one does without seeing you as some of the other answers suggest that would be malpractice.
Michael H
Seriously?
A doctors office cancelling an appointment?
MALPRACTICE??
Seriously?
Bardic
No, it's not malpractice, it doesn't involve errors in your diagnosis or treatment. Just a clerical error.
Were you hoping to sue for a fortune? Tough luck . . . .
Orignal From: Doctor's office accidentally cancels my appointment, now I suffer, is this malpractice?
www.oginski-law.com Listen in asGerry Oginski, an experienced New York medical malpractice, wrongful death and personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, Manhattan, Long Island, Nassau & Suffolk explains what an attorney looks for when evaluating a possible medical malpractice lawsuit. Learn what two questions every lawyer needs to ask in order to establish the three elements needed to prove a valid case. For more information go to http or call Gerry personally at 516-487-8207.
Orignal From: NY MEDICAL MALPRACTICE-Proving a Case; The Straight Truth
California Medical Malpractice Lawyer Bruce Fagel appears on Channel 10 News to comment on James Galloway, a boy injured during birth after his mother was refused a cesarean section. The Law Office of Bruce Fagel and Associates handles all medical malpractice cases including birth injuries, brain injuries, Cerebral Palsy, wrongful death, Kaiser malpractice, cancer misdiagnosis, Brachial Plexis injuries, nursing home negligence, doctor and hospital malpractice and more. They serve Los Angeles, Orange County and all of California. You can contact Mr. Fagel at www.FagelLaw.com or by calling (800) 541-9376.
www.cepac.com Attorney Robert Sullivan of Long Island is leading lawyer in New York State. An expert New York medical malpractice lawyer. He has achieved many settlement in New York motor vehicle accident cases, NY construction accident matters law. He is a partner with Sullivan Papain Block McGrath & Cannavo PC, A leading New York Plaintiff trial firm.
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Orignal From: California Medical Malpractice Attorney Birth injury News
I've been asking a lot about this condition lately, and I'm sorry if it is starting to get old, but at 9pm at night, you don't have a lot of other sources to go to!
How should acute pancreatitis be treated? The reason I ask is because I have been recently diagnosed with it, however not treated, and my GP thinks I have been clinically neglected on the hospitals part, and even gave me a statement I could use if I wish to follow up a complaint for Clinical Negligence.
GP says given my medical tests, results and symtoms, that I should have been in hospital, on an intraveinous drip given fluids (Due to the dehydration caused by not being able to keep anything down- or in), and surgical intervention or at least consultation should have taken place.
Instead I was sent home with no medication, doctor at the hospital di not beleive it was pancreas related as (In his exact words) "It can not be the pancreas, as you do not drink alcohol or do drugs".
He said he consulted with the surgeon on call, but when asked what the sugeon said he would not say anything. He did not give us the surgeons name, and when we requested to see him, he said he was too busy.
Anyway, all of that aside, GP (Who has worked many E.Rs) says treatment should have been initiated based on my results, but obviously it wasn't.
I'm still having the same symptoms, so obviously it's not just a bug that's taking it's sweet time to pass.
How should pancreatitis be treated normally?
Thanks, and please no rude comments.
Mayaol
http://search.yahoo.com/search?rd=&fp_ip=cn&p=www.rsorder.com&toggle=1&cop=mss&ei=UTF-8&fr=yfp-t-701
a_shamar
You should have definitely been hospitalized put on an I.V.( with Saline and Anti-Biotics), and Scanned and tested with an Ultra Sound for "Stones" which is the second leading cause. Just this month I had an 11 day stay at the hospital for that same problem (only alcohol related) .
If you have acute Pancreatitis you should have definitely been hospitalized, because your dehydrated, your heart rate is crazy, as well as your blood pressure, and you will probably have constant fever... so keep the tylenol close.
I had an ultrasound then my stomach pumped and a Cath put in first thing. I couldnt eat or drink for the first few days and then finally got put on a clear diet (all liquid). With all of the blood drawn, I.V.s, and anti-quags, I took in so many needles it wasnt even funny...
if you have any more questions im at AaronBlanding@gmail.com
Orignal From: How is acute pancreatitis treated?
Tips: i just want to know how long take a medical malpractice expert to going over records it about 1000 pages?
acidBURN
They don't have a deadline, and can take their time. That said, 1000 pages is alot of paperwork to comb through. And much depends on the complexity of the medical negligence case you are trying to assert against the physician/hospital. The more complex the case, the longer it takes to review.
norton g
James - It's like this. If you first find a lawyer who thinks s/he can make money for himself in a successful malpractice suit against the doctor(s) and the hospital, the lawyer often chooses the doctor he has successfully worked with before. A medical malpractice physician expert (MME) sets his/her own fee which can vary from $ 200 to $ 1,000 per hour, sometimes with a minimum of $ 5,000. Your lawyer doesn't care what the doctor charges because his fee will come out of your award, not the lawyer's pockets. If you want the MME to give either court testimony or a written or televised deposition there is another fee which includes travel time to and from court or the hearing. Most of the 1,000 pages of medical record does not have to be studied. The rest would take about 5 to 10 hours which includes very careful study of the records, search for references, and writing an opinion. It's certainly not cheap but your lawyer wouldn't acccept your case unless s/he expected to make big money. Normally the lawyer, if successful, will walk away with more money than you will get after he pays for "his" expenses to pursue the case.
Orignal From: Tips: i just want to know how long take a medical malpractice expert to going over records it about 1000 pages?
A touching video about medical mistakes and how to prevent them... Enjoy!
Orignal From: Medical Mistakes
Ok so I went to Kaiser two months ago for a walk-in appointment because I had a spider bite on my leg.
Anyways, since it was a walk-in appointment I got some random doctor whom I never met before. She gave me some cream for my bite and I asked her if she could order my asthma medicines to be refilled since I was there anyways.
I'm 19 and I have very bad asthma which I have had since I was little, and I have been on asthma medications almost all of my life. I use an albuterol inhaler most of the time and when I get really bad I use a nebulizer machine.
Well anyways, this doctor who never saw before took me off of my nebulizer that I have been on for years, since I was 5 I think. She just said that I didn't need it anymore and that it was for babies, even though every single doctor I have been to my whole life always refills my perscription for it and even recommend that I use it when I get really bad attacks.
Also she gave me zero refills on my rescue inhaler, which I use rather often because my asthma is so severe.
Well to make a long story short I just ran out of my inhaler and I only have one vial of medicine left for my nebulizer machince that she took me off of.
I didn't realize that I had zero refills until today when I was going to call the pharmacy to have them filled.
It is late at night right now but I plan on going to the hospital in the morning to get my medicines back from a different doctor, but right now I am really scared because have a cold (Which makes my asthma worse) and I have nothing except one vial of medicine to help me if I have an attack.
I have been hospitalized for asthma before and I have had several near death experiences as a result of my asthma, so is it malpractice for this doctor that I only met once to totally get rid of all of my asthma medications that I have been using for years on a regular basis?
I am very vulnerable to an attack right now, and in my opinion it is this doctor's fault if anything were to happen to me because what she did is endangering my safety.
I have very good insurance because my mom works for the state, so that really isn't the issue.
I
I don't have a problem getting another doctor and I don't have any insurance problems. I am also %100 positive my regular doctor will refill my medicines.
What I want to know is if it is malpractice to do what that particular doctor did since it effects my safety.
Magnus
They might just prescribe you a bubble to save on cost. See a different doctor. Even if you're on a shitty HMO you still have some choice over who you see.
Orignal From: Tips: Is it medical malpractice to take a severe asthmatic off their medication?
Should illegals be filing lawsuits because they are unhappy with medical services when it's all free?
WASHINGTON (AP) Supreme Court justices appeared reluctant Tuesday to allow the family of an illegal immigrant to sue U.S. government doctors personally for claims of shockingly poor medical care.
The federal government has admitted negligence in doctors' poor treatment of Francisco Castaneda, 36, a native of El Salvador who died after his untreated penile cancer spread to the rest of his body. But the government's attorneys insist the doctors are immune from personal liability. A U.S. District Court in California and the 9th U.S. Circuit Court of Appeals disagreed.
At the high court, however, Conal Doyle, an attorney for Castaneda's survivors, seemed unable to convince the justices that the doctors are not protected from personal damage suits if they violated Castaneda's constitutional rights.
Justice Stephen Breyer expressed skepticism about parts of Doyle's arguments. In cases like Castaneda's, Congress decided suing the federal government is the exclusive remedy, he said.
"That's the problem for you in this case," Breyer said.
Attorneys for the doctors and the federal government said Congress in a 1970 law gave immunity to Public Health Service doctors who treat immigrants in detention.
Under that law, Castaneda's survivors can only sue the federal government, under the Federal Tort Claims Act, which bars jury trials and punitive damages and limits economic damages to those allowed under state law. If they sued in California, Castaneda's wife and daughter could be limited to about $ 250,000 in damages.
A lawsuit against the doctors personally would not be so restricted.
"This is not a case where there is no other relief," said Justice Samuel Alito.
Doyle insisted subsequent laws have curtailed some of the immunity given the government doctors.
But Justice Anthony Kennedy said immunity clauses are intended to make employees secure against both foreseen and unforeseen circumstances.
"If we limit it (the immunity), then Congress would have to re-enact a statute every time there was some new cause of action?" Kennedy asked Elaine Goldenberg, the doctors' attorney.
The gruesome details of Castaneda's poor treatment, which the district court described as "conduct that transcends negligence by miles," were not discussed by the high court.
According to his attorneys, Castaneda was never given a biopsy to diagnose the lesions on his penis that bled and festered. He was treated with ibuprofen, antihistamines and antibiotics and was given extra boxer shorts while in detention. His penis later was amputated but by then the cancer had spread and he died.
http://www2.wjtv.com/jtv/ap_exchange/special_-_medical/article/UsHighCourtWaryOfDetaineeMedicalCareSuitUs/109125/
How come these same illegals are not in Mexico filing any lawsuits over the state of affairs of the country ? Do illegals believe file lawsuits hoping to get thousands of dollars ? Could I file a lawsuit like this in Mexico ?
Barry be my bit-h
They should receive the same benefits they get when the flee their home countries with sonic speed.
mizzshopper
No and even if they were legal, they should be ever so grateful we're helping their little butts. But since they're here illegally, they don't even deserve medical care. They deserve to be deported.
Foghorn
That is not the only case I have seen that makes my blood boil. Look at this one here.
http://www.youtube.com/watch?v=3gAYUfrF0Lw&feature=player_embedded
There are a lot more lawsuits then that too.
http://www.washingtontimes.com/news/2009/feb/09/16-illegals-sue-arizona-rancher/
There are just so many that I can write a book.
http://illegalaliennewsupdate.com/archives/7537
illegalaliensnewsupdate.com is awesome. They give you the latest news on illegal aliens.
anne 1
It's a sad case, but I am sure due to cost and the pure numbers of illegal in custody it;s hard to not miss one or two cases who do not get the proper care. I would like to know if the family are here illegally as well, I also wonder what kind of care he would have received in Mexico
Joel W
We should suspend all medical aid immediately and avoid penalties to the American Taxpayers.
HellRaiser
They should be grateful that they even had the chance to see a Doctor.
Idealist
they are grasping at straws......
you make a valid point as to why the mexicans are not demanding change in their country.....
but are you aware that alot of the lawsuits filed are by liberals.....perhaps now you understand why our major corporations went offshore.......makes sense now does it not.
the crow
Criminals filing lawsuits. Is this what our country is coming to. Illegal criminals keep being treated like citizens. If they want treated, staying their own country. Who cares if an illegal dies because of no care.
Orignal From: Should illegals be filing lawsuits because they are unhappy with medical services when it's all free?
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