2 hosp. committed malpractice. My walking out of one hosp. actually saved my life. A second hosp. left a drain tube in me and, my Lawyers commited legal malpractice. I am now disabeled, however, I know I saved my own life. Many other errors happened the American people need to know what to do. My life is forever changed, I've lost everything and my medical bills are incredible. My daughter was unable to go to her prom, senior trip, get her ring do any of the things one looks forward to in their Senior year. I have been in and out of hospitals and atty. offices for 7 years. A Judge was asked by the Appelate Court on my case and 16 others to remove himself from these cases--WHY-- How is it in America this can happen. Why was this Judge asked to remove himself from my case. By the way 2 of my cases have been thrown out on a technecality???? Any thoughts or clues I just don't know anymore. Thanks for listening
2006-07-03
14:41:31
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18 answers
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asked by
mmsurvivor
1
in
Politics & Government
➔ Law & Ethics
The second answer that I read basically told me not to bother telling my story who would believe such a story, well, I'll tell you who believes it my Surgeons, one who has operated on me 5 times, my primary who see me every 2-3 months, my daughter and friends who have been there for my many surgeries, reccoperation and many follow-up Dr. appts. The hospitals that are being sued believe, the scars that are all over my stomach from going thru all the surgeries they remind me every day, the pain I deal with, it also reminds me. Disability (the Government Kind) believes me. Here's the 65,000.00 question has anyone else ever experienced anything like this. One of my Surgeon's who still operates on me said I had a better chance of winning the lottery and if his associates didn't know him they wouldn.t believe him either. So as unreal as this sounds I'm living it and I do regret that fateful day I walked into the Hosp. from hell for a very routine surgery.
2006-07-03
15:11:24 ·
update #1
the reason I walked out of the first Hosp. is that they were telling me my stomach was swelling due to gas. Well after 6 days of watching my stomach grow to an enormas size my intuition told me it was not gas so a friend of mine took me to another Hosp. were they did emergency surgery and removed 3 liters of urine in my body cavity I had sepsis, all my organs were burned and my intestines had to be removed and hand cleaned. The next day the Dr. inserter a tube into my kidney tru my back so i could urinate thru the tubes into the bag. That was a wonderful hosp and great surgeon that saved my life. It was the hosp. after that that left the drain tube and it wasn't discovered for nine months and I complained about the pain and after an x-ray was done 9mos. later the Dr.'s felt a foreign object had been left in me although they wern't sure what after surgery it was found to be a drain tube. My atty. missed a filing date amoung other things however I am running out of words. I am laughing
2006-07-03
15:49:56 ·
update #2
I truly am shocked at how narrow minded some of you are. When an atty. looks you in the face and says you will never believe this but I now havw committed legal malpractice on you, you now have the right to sue me. You all are right the only way to get anyone to believe except for the one's who have experienced this with me is to try to tell my story on some show along with my Dr.'s and documentation and anyone else they would like to speak who has seen this. I truly that if anything horrific happens to you that you don't have as hard a time to talk with someone about it and Fr. I will pray for you.
2006-07-03
16:12:00 ·
update #3
first of all my cases are PROVEN MED MAL. MY URINE OUTPUT WAS NEVER MONITERED that's where the first mal. was determined. i'm sorry if i can't explain properly however, my atty's have boxex and boxes of evidence and believe me it has been proven the reason the first one was thrown out was due to the letter of intent to sue with the ins. comminisioner was not sent that was why the first case was thrown out does that now make sense the second case was thrown out because my ols atty's missed a filing date by about 17 days this has been a comedy of errors do you remember the guy who had his wrong leg cut off why is this so unbelievable don't you think this couls happen maybe 1 in 1 billion it sure seems like. I used to be a Loan Officer I'm not nuts this truly did happen and I do have atty's I was just wondering if anyone has been thru somthing so screwed up as this just someone to talk to about it. Believe me there is no legal question as to if med mal occured everyone working with me nos
2006-07-04
04:20:27 ·
update #4
Let me see, not only did one hospital, the doctors there, the nurses on staff including the ward nurse commit a malpractice,( and because they were out to get you and you knew they were you just walked out against medical advice)
the next hospital let a drain tube in, and the doctors followup did not find it, now was it noticed at your hospital discharge.
( it was not suspose to be in for some reason medcially for you and removed latter ?)
Then after all of that, you lawher committed legal malpractice?
Ok, even I would say it sounds like you may be somewhat parinord and believe that alot of people are all out after you.
and if judges have an interest in anything about the case, ( like the judge owns stock in a medcial company or insurance company, or if he was or is a partner in a law firm being used by either party, are all grounds for asking for them to be excused.
And two cases thrown out, ?
Even if they were true, purely finding medical records to prove these charges, or someone from the hosptials to testify for you, will indeedd be a challenge.
And I am very sorry, but I have to be honest, the story is so far fetched I reallly have trouble beleiveing it. So I would say that in general, this will be your general reaction if you try to "tell" people since it was my general reaction.
2006-07-03 15:20:56
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answer #1
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answered by Anonymous
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I'm an attorney also. I am not going to comment on the specifics of your case. However, the way you write about it is rambling and unfocused, and looks suspiciously like a number of people I run into who make unfounded accusations and have unrealistic expectations about what I can do for them. I don't do malpractice cases, not much litigation at all. But every time I hear someone complain how the his two lawyers screwed him, I'm not exactly jumping at the chance to be number three.
I know this is hard advice to follow but you need to slow down a bit, calm down, and locate the most important one or two parts of your case.
Medical and legal malpractice happen in America all the time. It's a shame. People are victimized. We have a justice system but the result isn't always just. Some things go wrong. Not every wrong will be fixed.
If you want to help yourself, find a new attorney who understands you (if one will take you based on your case -- which could be a problem). Be patient, listen to them, and be philosophical about the whole thing. Better yet, you might just have to accept that something went wrong and that you reached the end of the line on the legal system. You have medical problems, and life adjustments, so do what it takes to improve your own life. Take care of yourself first.
If you want to help others, then there are lots of ways that you can help prevent this from happening anywhere else. You can tell your story -- to the newspapers, to your friends, to the public (as in here), anyone who will listen. But be careful (as you have here) not to name any names unless you can prove it -- you don't want anyone to sue you for defamation. You can also get involved in charities, political action. Help other people deal with it when it happens to them. Support laws designed to ensure that lawyers and doctors are better trained, act more responsibly. Ask yourself just what the situation was where they were careless with you, and try to change those conditions. Maybe it's the money competition between hospitals, or the way the insurance system works. Maybe doctors and patients don't know how to communicate with each other. Here too you will have to choose the one or two issues where you can make the most difference. You can't fight every battle.
2006-07-16 12:43:06
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answer #2
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answered by Monso Orda 2
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You are going to find it hard to get people to believe you from the small amount of information that you have given. It is also far fetched that two hospitals in a row and then an attorney all committed malpractice like that. I haven't seen the evidence so it really isn't fair for me to pass judgement on it. I tell you what, make a 360 and start telling your story. Present the evidence and give every tiny detail. Is your story possible? Yes. If you have enough evidence, you may be able to get someone's attention. Visit my 360 and if you want, I will look at your evidence and see if it is anything that I can tackle. Good luck to you.
2006-07-03 15:52:49
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answer #3
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answered by thewildeman2 6
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Sorry, but another lawyer weighing in and agreeing with the lawyer above who said it best. It is highly improbable that EVERYONE, the doctors, the lawyers, the surgeons, etc., committed malpractice. It is far more likely that you are drawing unwarranted conclusions. Just because a surgery doesn't succeed does not mean the surgeon malpracticed. A legal case may be won or may be lost and you may not like the result -- but it doesn't in itself mean the lawyer malpracticed if it doesn't go your way.
I've seen many who sound just like you come and go, blaming everything that goes wrong on the perceived evil of others. Most lawyers worth their salt will not come within a New York mile of you, because they'd be buying themselves a guaranteed problem client. That usually adds to the list of the chronically aggrieved: "No lawyer will take my case!!"
I truly feel sorry for you, both for the bad things that have happened and for your apparent stubborn insistence upon playing the victim.
2006-07-03 15:48:18
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answer #4
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answered by JSKingston 2
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(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.
2016-03-27 02:57:48
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answer #5
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answered by Anonymous
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Ok... let me preface this by saying that I too am an attorney and that there is not enough information in your description to render an accurate opinion about your case. Oftentimes clients will come into the office saying things like "my doctor committed malpractice." But once we get into the technical facts of the case, it's not malpractice at all. So, while I agree with the other attorneys who have responded in that it is HIGHLY unlikely that both hospitals and your attorney all committed malpractice, I will say that it is POSSIBLE. Therefore, let us assume for a moment that you are accurately describing your situation.
Let's say that the doctors at the first hospital misdiagnosed your condition and you saved your own life by walking out. Without knowing the particular facts of that situation, you may not have a viable case for malpractice against them. For example, it doesn't sound like any harm was done by their misdiagnosis, other than the inconvenience of you having to lay in a hospital bed for nine days. Now, let's assume that the second count of malpractice which you described is accurate, and some doctor somewhere left a tube inside your body. That IS malpractice, but you said that you aren't sure which surgery it was from. Therefore, you can't prove which doctor was at fault, so, unless you have more information concerning that, I would say that the second medical malpractice case will be almost impossible to win.
You said that the judge was asked by the higher court to remove himself. There can be several reasons for that -- maybe he used to represent one of the hospitals, for example. Maybe he was having problems at home, maybe he had a drug problem. Who knows. But the judge removing himself from the case would not change the value of the case. The case would just get assigned to another judge, and it would move on. So that part of your story doesn't matter.
You said that your attorney told you that he had committed malpractice, by missing a court date. Missing a date is malpractice, and you can pursue that, if you'd like. But in order to be compensated, you would have to basically show that you would have won your case had he not missed that date. And I doubt you can do that, for the reasons stated above.
You said that two of your cases have been thrown out on a technicality. I don't know what the technicality is, but I doubt that you are understanding the situation correctly. I don't mean to sound insulting, but I can't think of a "technicality" that would get a malpractice case thrown out. It may have been that they were dismissed on a Motion to Dismiss for failure to state a claim upon which relief may be granted. They were possibly lost on a summary judgment motion. But they were most likely NOT thrown out on a "technicality."
It sounds like you have experienced a very unfortunate situation, and I'm sorry for your loss. It also sounds like much of what has happened to you has not been properly explained in a way that allows you to understand it well. You are free to hire another attorney. Tell him or her your story, and see if they can help you.
2006-07-04 01:15:42
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answer #6
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answered by Jimmy the Saint 2
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I believe you. Unfortunately these kinds of things happen every day. Are you now involved in litigation? Do you have a good med mal attorney at the present time? Your facts/thoughts are extremely scattered. What you perceive as malpractice may not have been malpractice at all. It sounds to me like nobody has properly explained to you what has gone on with your case. As far as the judge recusing himself from your case, there could be a million reasons why - none of them having to do with you or your case. Maybe one of the doctors you are suing is his personal physician or his brother. We don't know. If you don't have an attorney right now, maybe you should talk to a really good med mal attorney and have him review your case and really explain to you what has gone on and what you can expect. I wish you the best.
2006-07-19 10:56:27
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answer #7
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answered by Samba Queen 5
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My best guess is - and bear in mind I have been a practicing lawyer for years - you are crazy. Everybody committed malpractice? The first hospital committed malpractice, the second hospital committed malpractice, the lawyer committed malpractice, the judge committed malpractice? Everybody is wrong but you? In my experience, when everybody but you has gone crazy, you are actually the one that is in the wrong.
Good luck fighting whatever fight it is that you're fighting. Don't bother trying to tell your story, no one will believe it.
2006-07-03 14:46:36
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answer #8
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answered by Loss Leader 5
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You really have a complex case history.
I don't even want to try to get into the merits of the case or who did the most wrong, but certainly the legal system let you down when it is supposed to be there to uphold your rights.
Lawyers should be reported to their respective bar associations for any misconduct on their part. Physicians reported to their respective colleges.
You may want to try to get this into the public, but working with media sometimes with my own cases is difficult, particularly when your case is complex, with all the twists and turns that you have tried to spell out but in more than a 30-second clip.
If you know anybody in the newspaper, TV or radio business, you may just want to informally sit with them to ask them what they would need in order to get your information publicized. One thing I do know is that media does not like to be sued for libel, so it is very important to have all of your facts in order and keep it as simple as possible.
2006-07-03 16:16:32
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answer #9
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answered by Angela B 4
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I think you should tell people what happened it could save someone elses life, I would start by typing up your story and posying it on a webpage make sure you include the Drs names so if osmeone googles that Dr your site will show up. Too many people say nothing and thats why bad Drs continue def speak out.
2006-07-08 21:36:00
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answer #10
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answered by L 2
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