Author Topic: Legal question,need your input.  (Read 18702 times)

ppearl214

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Re: Legal question,need your input.
« Reply #45 on: December 17, 2007, 10:14:48 am »
*slides fat rear down the sofa, passes popcorn and beverage down the line to those sitting back and watching this thread*


In the long run..... it is worth trying to play the "blame" game and do the "what if's"?  Keep it clean folks. I'm watching this one like a red-tailed hawk.

Phyl
"Gentlemen, I wash my hands of this weirdness", Capt Jack Sparrow - Davy Jones Locker, "Pirates of the Carribbean - At World's End"

satman

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Re: Legal question,need your input.
« Reply #46 on: December 18, 2007, 05:01:50 am »
I just wanted to update everybody,I have talked with a hard nose lawyer and no big surprise,
I dont have a case worth fighting.
looks as if the burden of proof lays on me ,as usual with all victims.
I would have to prove that his incompetance played a roll in my unfortunate turn of events.
I would have to have a DR testify against another "so called" DR. and we all know they have thier own little "so called" club ,basically as I see it "NO JUSTICE".
The way I see it is he deserves a good ole fahion Texas ass-whoopin !
kicked my little 8cm buddy to the curb-c ya !

Omaschwannoma

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Re: Legal question,need your input.
« Reply #47 on: December 18, 2007, 05:30:11 am »
Commence with the "whoopin" as I will take pleasure watchin this one.  You are so right about fighting the "boys club" being futile.  Now let me get comfortable with popcorn sippin my Russion vodka!
1/05 Retrosigmoid 1.5cm AN left ear, SSD
2/08 Labyrinthectomy left ear 
Dr. Patrick Antonelli Shands at University of Florida, Gainesville, FL
12/09 diagnosis of semicircular canal dehiscence right ear

Brendalu

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Re: Legal question,need your input.
« Reply #48 on: December 18, 2007, 06:01:50 am »
We could all play the "blame" game with someone, but isn't it true that each and every one of us should really be thankful that someone finally had the right diagnosis and did the right thing?  A lot of us lost our hearing, didn't get back the balance we once had, have trainwreck headaches and the list goes on.  Whenever I start to feel sorry for myself for all that has happened to me, something "knocks me up side the head" and I hear, see or read about someone who is so much worse off.  Kind of brings the thankfullness back.  For everyday I wanted to end my life because I wasn't the same and I had lost more than I could cope with, I have ten now that I am so very thankful for having.
I agree that some doctors should be taken to task over not really doing their job and causing us more pain than necessary.  Elected offficails shouldn't have been allowed to cap the lawsuits, in Texas anyway.  I say, spread the word on the doctor who did you harm, so that it will help others not have to endure what you have.   What is that saying?  Someone who gets good service, advice, a good deal, will tell one other person, but a person not happy with the outcome will tell everyone they know and see.  Does a lot of damage.
I say, tell the doctor first what you are unhappy with and why.  Give him or her a chance to answer.  If it isn't what you want, like or need, then carry it further.  Consumer complaint reporters love juicy stories.  This has just been my two cents.  Now where is that bowl of popcorn??
Brenda Oberholtzer
AN surgery 7/28/05
Peyman Pakzaban, NS
Chester Strunk, ENT

Sam Rush

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Re: Legal question,need your input.
« Reply #49 on: December 18, 2007, 08:45:40 am »
There no longer is a "club" . Lawyers can hire anyone to say anything under the guise of being an "expert"

The problem with Satman's case is that the Dr. DID NOT GIVE HIM THE AN!!!  True, there was an un-necessary delay in diagnosis given his symptoms, but unfortunately that is not unusual w/ AN's.That is not malpractice, just not very good care.  Malpractice would be if the surgeon left something in his head, or ignored a post-op problem, causing death or disability.

Case in point: I had a pt. who weighed 350 lbs, and was a heavy smoker, resisted all my documented efforts to change his lifestyle, had negative cardiac stress test which is about 90% accurate in diagnosing coronary heart disease. He died suddenly at age 42 of a massive heart attack. I comforted his grieving young widow who thanked me for all the care I gave him.  Later she sued me for WRONGFUL DEATH saying I should have done an angiogram, which would have diagnosed his heart disease that the  stress test missed. I was devastated, first malpractice case in 30 yrs!!.  My lawyer hired several experts who testified that my care was standard and appropriate, and it was assumed the case would be dropped. He never had chest pain, or sx. of coronary disease, therefore.  an angiogram was not indicated.  To my dismay, my Ins Co. insisted I settle for 120,000 because of his young wife and children, a jury might give a huge verdict on sympathy.. I agreed, and now it is a permanent part of a public record that I was guilty of a wrongful death, and , my ins. premium went from 6000 to 15000, causing me to raise my fees..

So now, guess what?? I order angiograms that are frequently un-necessary at great expense to the ins. co's and pts, 

Oh Oh  I think I'm venting, wrong thread. !!

Pass the popcorn, no salt or butter!!!


1 cm AN translab, Dr. Brackmann, Dr. Schwartz, Dr Doherety HEI   11/04   Baha 7/05

Brendalu

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Re: Legal question,need your input.
« Reply #50 on: December 18, 2007, 09:07:25 am »
Sam, unfortunately there will always be people who place the blame on someone else.  It is far too easy to blame someone else than take responsibility for one's own lifestyle.  I'm truly sorry that happened to you.  Satman, I still think that ther should be a wake up call for your ENT before what happened to you happens to someone else.
Brenda
Brenda Oberholtzer
AN surgery 7/28/05
Peyman Pakzaban, NS
Chester Strunk, ENT

Battyp

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Re: Legal question,need your input.
« Reply #51 on: December 18, 2007, 12:04:13 pm »
Sam there are those that will sue over anything...I'm thinking coffee at McDonald's.
Did the insurance company tell you to settle as it was cheaper than fightining it in court? I know the school board will settle frivolous lawsuits instead of fighting them as it is cheaper in the long run. My favorite which still ticks me off is a wiccan family sued because graduation ceremonies were held in a church which is the only facility in the area to house the number of people for graduation under A/C which in Fl is crucuial in May. The venue is changed to a crowded gymnasium where people in dress clothes get to climb bleachers with no a/c and limited parking to accomodate a family who was not a recognizable faith and who graduated several years ago. The family got a cash settlement. I honestly think each graduating class should be allowed to pick their own venue based on majority rules anyone who isn't happy can be given their diploma in a small school function.
Ok, back to the popcorn.  ;)

OMG16

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Re: Legal question,need your input.
« Reply #52 on: December 18, 2007, 12:28:04 pm »
Satman I'm sorry to hear this.  I know how devastating hearing this can be.  Texas and California both are set up to give the Doctors the upper hand.  There are cases of malpractice that are not pursued in these states due to the Doctor friendly laws.  Unfortunately this only continues to harm future patients.

Take a few days to let this all sink in and then you can go to the medical board and file a complaint if you wish.  Do not talk poorly of this Doctor to others.  This Doctor can then file a defamation of character suit and you wouldn't want to go through that.

Take care of yourself..........16
I believe you are given choices in life and it is not what has happened to you that defines who you are.  It is how you handle the situation and finding the positive in an almost hopeless situation that counts the most.  My son is my hero and I have had the pleasure of learning this from him.

Sam Rush

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Re: Legal question,need your input.
« Reply #53 on: December 18, 2007, 01:38:32 pm »
Doctors don't have the upper hand anywhere, lawyers do!!!!
If it wasn't for caps in Calif., medical and ins. costs would be much higher, and lawyers would be even wealthier., all passed on to the consumer.

How do you think candidate John Edwards, made his billions??

(answer,  suing Dr's in a state w/ no cap)
1 cm AN translab, Dr. Brackmann, Dr. Schwartz, Dr Doherety HEI   11/04   Baha 7/05

ppearl214

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Re: Legal question,need your input.
« Reply #54 on: December 18, 2007, 01:52:45 pm »
A-HEM!!!!!

Let's keep politiks out of this, ok? Unless this is a dicussion of a politician with an AN, let's keep this on track and in line with the opening post. 

*takes back bowl of popcorn*

"Gentlemen, I wash my hands of this weirdness", Capt Jack Sparrow - Davy Jones Locker, "Pirates of the Carribbean - At World's End"

OMG16

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Re: Legal question,need your input.
« Reply #55 on: December 18, 2007, 04:34:15 pm »
I'm only here to support a person who is in need of some comfort and support.  It does not matter what any of us believe this is his experience and not the place or time to debate this. 

Satman I'm sending you many hugs.......16
I believe you are given choices in life and it is not what has happened to you that defines who you are.  It is how you handle the situation and finding the positive in an almost hopeless situation that counts the most.  My son is my hero and I have had the pleasure of learning this from him.

Sam Rush

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Re: Legal question,need your input.
« Reply #56 on: December 18, 2007, 05:10:11 pm »
OK  If you're only here for hugs and to give support, why are you incorrectly stating there are DOCTOR FRIENDLY LAWS IN CERTAIN STATES??   You can't have it both ways without expecting a reply.

1 cm AN translab, Dr. Brackmann, Dr. Schwartz, Dr Doherety HEI   11/04   Baha 7/05

danijake

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Re: Legal question,need your input.
« Reply #57 on: December 18, 2007, 05:40:03 pm »
Fight nice kids!! :o I know this is frustrating for all. Satman, I'm sorry about your situation. It really stinks when something like that happens. I just fired the incapable Doc and hired a new one. Now I tell everyone I talk to about how he(the incapable Doc) over medicated me THREE times and then told me to see a shrink because my headaches were "all in your head"...Ya think? ::)

OMG16

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Re: Legal question,need your input.
« Reply #58 on: December 18, 2007, 05:41:18 pm »
I will not be engaging in a debate I posted a response to Satman and do not want to get into this with you.  You have your experiences and I have mine.  Please start a another thread if you want to debate Medical Malpractice in California and Texas.  I did not mean to offend you if I have.  Thank you 16
I believe you are given choices in life and it is not what has happened to you that defines who you are.  It is how you handle the situation and finding the positive in an almost hopeless situation that counts the most.  My son is my hero and I have had the pleasure of learning this from him.

yardtick

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Re: Legal question,need your input.
« Reply #59 on: December 18, 2007, 05:57:32 pm »
I was told my neuroma was missed because my symptoms did not present properly.  Who knew?  Headaches, dizziness, numbness and twitching in the left side of the face, hearing loss, fullness in the ear and oh yeah tinnitus.  What's missing?.......pass the popcorn, I like lots of butter!

Anne Marie
Sept 8/06 Translab
Post surgical headaches, hemifacial spasms and a scar neuroma. 
Our we having fun YET!!! 
Watch & Wait for more fun & games