Medical Malpractice - How would you Deal?

Discussion in 'Et Cetera, Et Cetera' started by Rikter8, Nov 18, 2006.

  1. Rikter8

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    The recent thread on the Dead animal sex thread revived a flame in me this morning...
    I think I posted this a while back..but I can't remember and im too pissed to dig it back up, wherever it may be.

    Has anyone else here had a Loved one die due to Gross Medical Malpractice?

    If so, Have you attempted to sue the Doctor/Hospital at fault?

    Two years after my Fathers Death, I am still having difficulty accepting that I cannot do anything because of the Hospital's gross neglect and lack of care during a 3 week period of bouncing beds, unqualified nurses, unsanitary conditions, and incompetent floor supervisors.
    Recently I received a letter from an attourneys office wanting to "Close" the case due to it not being lucrative enough for them to pursue.
    I feel very angry and helpless that I cannot avenge my fathers death, and that bothers me a great deal every day.

    According to the law firm I checked with, the Laws that Shrub and Co. had founded were to protect physicians from lawsuits for malpractice.
    So, if you have a loved one die because of medical malpractice, all you can sue for is $20K, and they will continue to practice.

    Am I not asking the correct questions?
    Am I supposed to Lie and Cheat to get an attorney?
    How is it that people can sue for spilled coffee, or protect someone that fucks a dead dog, but the system wont allow them to protect the good people?
     
  2. SpeedoGuy

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    A couple of things.

    The infant daughter of a close friend died from gross medical malpractice of a large west coast HMO. The HMO didn't even try to contest the case in court but instead offered a settlement of about a million dollars. My friend settled at that but the bitterness of the incident remains with him.

    As for myself, I sustained a serious spine injury in a car accident about 10 years ago. The seriousness of the spinal damage was badly misdiagnosed by my HMO, a fact that was confirmed by independant 2nd and 3rd opinions by neurosurgeons. Since my wife worked in the auto insurance industry claims business, I was able to parlay her insider's knowledge of how the HMO and insurance system worked to my favor during the inevitable legal confrontation with my HMO. I threatened to sue and they quickly agreed to settle out of court (i.e. without attorney's fees) for a six figure+ sum.

    Persistence, some insider knowledge, luck, and hard nosed confrontational tactics are what helped me achieve something resembling satisfaction in the legal/medical system that is sadly, as you noted, further stilted in favor of the big money players.

    Good luck, Rikter. Hang tough and don't settle until you've exhausted every possible avenue for satisfaction.

    p.s. to all U.S. citizens who read this: Carefully peruse your automobile insurance policy and read the fine print. You'll learn some shocking things about what you think is covered by your policy.
     
  3. Rikter8

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    Well thats my biggest issue though - Finding an attourney that will represent me.

    I guess that may be my root question. How do I go about finding a lawyer that will back me up, and help me fight for my fathers rights?

    Or, is it as simple as Sending a letter to the guilty Doctors office requesting he settle out of court, rather than getting attourneys involved?

    I appreciate the advice SpeedoGuy.
     
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