ANA Discussion Forum
General Category => AN Issues => Topic started by: rachelnyc on July 14, 2013, 06:20:16 pm
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Does anyone know the outcome to this case?
http://wvrecord.com/news/245216-couple-sues-physician-for-medical-malpractice
Does anyone have references/resources to past, related cases?
If so, please PM me.
thanks-
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Does anyone know the outcome to this case?
http://wvrecord.com/news/245216-couple-sues-physician-for-medical-malpractice
Does anyone have references/resources to past, related cases?
If so, please PM me.
thanks-
I found nothing further on the internet other than the information in the link you posted.
The case is in the Kanawha County Circuit Court. Case number 12-C-1136 filed June 18, 2012.
The court's website does not have an online case search feature so you will have to call the court clerk and arrange to have copies of the filing and subsequent pleadings sent to you. You will pay a fee for this. The clerk will tell you how much.
http://kanawha.us/circuitclerk/
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http://archotol.jamanetwork.com/article.aspx?articleid=483692
http://webcache.googleusercontent.com/search?q=cache:666ZYrgmPXoJ:www.erisaboard.com/showthread.php%3Fp%3D5665+&cd=13&hl=en&ct=clnk&gl=au
http://www.ncbi.nlm.nih.gov/pubmed/21465279
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i saw doctors for 7 years about hearing loss then facial twitching. i am completely deaf in one ear and it took a doctor finally 2 years ago to do an mri and find the problem. 4 doctors and not one mri. one even gave me botox injections to stop the twitching saying it was a facial nerve problem and the hearing i was told sometimes there is no reason you just lose your hearing. good luck
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Thanks for all your replies and references/resources. I plan to post my case story upon completion (hopefully before 2015).
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Thanks for all your replies and references/resources. I plan to post my case story upon completion (hopefully before 2015).
If that means you are engaging in a malpractice lawsuit you might be interested in reading about other acoustic neuroma malpractice lawsuits.
http://www.cs.umb.edu/~dqg/newone/fox_case.htm
http://caselaw.findlaw.com/ny-supreme-court/1005117.html
http://www.jvra.com/verdict_trak/article.aspx?id=40900
The following cases illustrate the importance of the statute of limitations:
http://www.in.gov/judiciary/opinions/pdf/01300901.ewn.pdf
http://caselaw.findlaw.com/tn-court-of-appeals/1131339.html
Here's an attorney in NY who reports a $3,000,000 settlement in medical malpractice case on behalf of a woman who lost hearing in one ear and developed meningitis as a result of her doctors' failure to diagnose an acoustic neuroma.
Scroll down towards the bottom of the page.
http://www.gairgair.com/lawyer-attorney-1428003.html
Another NY attorney reports a $425,000 settlement for misinterpreting an MRI.
Also down towards the bottom of the page.
http://goldsmithlegal.com/web_app/main/default.aspx?PT=5
Here's another NY attorney who reports a $1,387,000 verdict in 2000 for a patient named Ruth Wang. Scroll down to the bottom of the page.
http://www.personal-injury-lawyer-in-ny.com/personal-injury-cases/personal-injury-cases-in-manhattan-ny
The defendants were Noel Cohen and NYU Medical Center. I found the case number on the NY Supreme Court website. It's 107017-1994. There are no documents online so you'll have to visit the courthouse to review the case file if you want to.
http://www.nycourts.gov/courts/1jd/supctmanh/
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Thank you. Yes, we are in the process.
I want to read as much as I can and see what cases/verdicts/settlements came about in NY.
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Thank you. Yes, we are in the process.
I want to read as much as I can and see what cases/verdicts/settlements came about in NY.
Your attorney might have more case law and verdicts available through his subscription services than can readily be found on the internet.
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Interesting link.
Average Compensation for AN is $3,498,597
http://www.ncbi.nlm.nih.gov/pubmed/23894144
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Thank you all for your helpful links. I sent them all over to my 'team'. I will surely post my story and verdict when all is said and done!
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Good luck and hope you are well.
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Has your verdict came as quite concerned about the verdict. Would be great if you can share it. Last week, my friend who works with a Los Angeles DUI lawyer (http://www.duilawyerlosangeles.com/) told me that he is involved in a similar case and is quite worried about the outcome.
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I guess a lot of these would be out of court settlements, making it hard to know how much they are.
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I first had surgery last August, and now I need surgery again because they left a little to prevent facial paralysis. When I got my records and showed them to my new neurosurgeon (I moved across the country), there was an MRI in there from 2007, and the doctor asked what they said about my acoustic neuroma back then. I told him that no one told me I had an acoustic neuroma, and I could barely even remember getting the MRI back then, and the doctor showed me the MRI, and it was there, my little acoustic neuroma. My doctor said that if I came to him back then, he could have done a tiny bit of radiation (because it was still small and just in the auditory canal) and it probably could have all been taken care of, but now I am going to endure not just one but two surgeries.
I wonder if I should consult with a lawyer about that original MRI where they missed the acoustic neuroma?
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I wonder if I should consult with a lawyer about that original MRI where they missed the acoustic neuroma?
There may be an issue with the statute of limitation that would make a lawsuit time barred because the deadline might have passed.
Name your state and I can look it up for you.
Still, you pay nothing for an initial consultation with a medical malpractice attorney so it couldn't hurt.
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Florida
Dates
5/2010
3/2011
3/2013
3/2014
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Florida
Dates
5/2010
3/2011
3/2013
3/2014
Florida statute of limitations:
95.11 Limitations other than for the recovery of real property.—Actions other than for recovery of real property shall be commenced as follows:
(4)(b) An action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this 4-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday. An “action for medical malpractice” is defined as a claim in tort or in contract for damages because of the death, injury, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that this 7-year period shall not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
Explanation:
Two years from the date of the misdiagnosis.
Four years from the date of the misdiagnosis if you didn't discover the misdiagnosis within the first two years.
Seven years from the date of the misdiagnosis if it involved fraud, concealment, or intentional misrepresentation. (Remotely possible but unlikely and difficult to prove.)