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a friend of mine fell out of a moving vehicle,she had to be rushed to the operating room in culllman al.the dr that done the surgery refused to see her when it was time to take out the staples because she did'nt have insurance.now other dr.s are saying she could lose her arm. how can we file a suit on that dr.?

2007-09-06 18:25:36 · 9 answers · asked by lucy bell 1 in Politics & Government Law & Ethics

9 answers

Start with an attorney. She needs an attorney to file the lawsuit and navigate the court proceedings. She will need to do research. She should not just get any attorney. She should seek out the best she can find. If the law firm thinks yshe has a good case with better than 50/50 chances they will most likely take the case on contingency, meaning their fee comes out of the monetary award. If the case is lost and there is no monetary award ordered by the court there is no fee for you to pay. Good luck to ya

2007-09-06 18:45:50 · answer #1 · answered by Anonymous · 0 1

She has no case as there were other alternatives than having that particular physician remove the staples and it was her responibility to do so; the negligence is not on the part of the physician's, it is in on the part of your friends.

She could have gone with cash to one of those in and out medical clincis or if she is truly indigent, she should have gone to a free clinic for treatment (most larger cities have them and they are first come/first serve...you stand in line for hours, but you do get treatment) or contacted local social services to see if she did qualify for Medicaid or if they could direct to to any other programs for treatment.

As another poster indicated above, hospitals do not have to treat you for any non-life threatening condition and private practice physicians do not have to treat you if you do not have insurance or pay the fee at the time of service.

Additionally, if she fell out of an insured moving vehicle, that moving vechicle would have been required by law to carry insurance and she should file a claim with that parties insurance company to see if she qualifies (if she was in the back of a pickup truck with no cap on it or jumped out of car, she may not, but it would be worth looking into).

2007-09-06 21:37:48 · answer #2 · answered by bottleblondemama 7 · 0 0

Find an attorney in your area that deals with injury/malpractice cases. Here is a list of some attorneys in the city of Cullman.

Porter, William C - Porter William C
(256) 775-8363
117 2nd Ave Ne, Cullman, AL

Thompson and Thompson Attorneys
(256) 734-4591
111 4th St Se, Cullman, AL

Williams Jr, Roy W - Jackson & Williams
(256) 739-2546
416 1st Ave Se, Cullman, AL

Parker and Parker PC Attorneys at Law
(256) 775-4444
720 2nd Ave Sw, Cullman, AL

Willingham, Dan J - Fuller & Willingham
(256) 734-2023
413 1st Ave Sw, Cullman, AL

2007-09-06 18:38:46 · answer #3 · answered by Eric 2 · 0 1

Doctors in private practices have a right to refuse treatment to those without insurance. If this is the case, she would probably not win a lawsuit against that doctor.

Plus they could always argue that there were more doctors in more hospitals she could have seen

2007-09-06 18:40:48 · answer #4 · answered by atjetcmk 3 · 2 0

when a person don't have insurance then a Doctor don't have to see you UNLESS it is life threatening.
Also private doctors don't have to see you regardless of the situation.
with out insurance you have to see a public doctor in a PUBLIC hospital.

you don't have a case. I didn't say it was right, but it's the law. However to TRY and create a lawsuit you will have to find a lawyer.

2007-09-06 18:43:51 · answer #5 · answered by Me 4 · 1 0

verify your telephone e book or the information superhighway for legal experts focusing on scientific malpractice. Do your self a choose and dont use a sort of adult males you spot on television for the period of Jerry Springer commercials. a powerfuble lawyer (who's many times an MD besides to being a legal expert) gets carry of the scientific record and function it reviewed to be sure if the "familiar of care" replaced into met on your pal's case. If there is something amiss, he/she will have the potential to flow forward. sturdy success

2016-12-16 13:38:28 · answer #6 · answered by deparvine 4 · 0 0

Hire a lawyer that specializes in medical cases.

2007-09-06 18:35:24 · answer #7 · answered by Anonymous · 1 0

be prepared to pay a pretty penny up front to retain a good lawyer. that is a pretty penny. these things don't come cheap if they are to be effective. and then your lawyer will take his percentage when the deed is successful.

2007-09-06 18:37:22 · answer #8 · answered by ? 6 · 0 1

go to the county or municipal DA's office or the village or town hall and they can tell you exactly what to do

2007-09-06 18:34:22 · answer #9 · answered by Gregger 2 · 1 1

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