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Do I Have A Law Suit?
- Thread starter flexed1
- Start date
VicTusDeuS
New member
Like citrus said doctors look out for one another..And if you sue other doctors might be apprehensive in taking you as a patient.
Without solid proof I dont know if they can sue for anything...my uncle tried and he had a good amount of proof but they couldnt get past the fact that these doctors all look out for each other.
Without solid proof I dont know if they can sue for anything...my uncle tried and he had a good amount of proof but they couldnt get past the fact that these doctors all look out for each other.
hippedy hop
New member
sue them brotha ooooooooooohyeah
Natymike
New member
Suing just on the basis of mental anguish is tough and I doubt you will win any settlement solely based on that.
You need some kind of physical evidence. Imagine how many unemployed scumbags are trying to sue right now for "mental anguish". Although I believe you deserve to be somewhat compensated, I doubt a judge will care too much since you could just be making everything up.
You need some kind of physical evidence. Imagine how many unemployed scumbags are trying to sue right now for "mental anguish". Although I believe you deserve to be somewhat compensated, I doubt a judge will care too much since you could just be making everything up.
thebabydoc
New member
Doctors "look out" for one another? In the face of true malpractice that is utter bullshit. There are thousands of "hired guns" that will say anything for their $1000/day fee.
Second, the MD who did your procedure is in no way responsible for the complaints you have here unless the anesthesist was in his employ at his surgicenter. And yes, many anesthesists are underqualified and especially the women tend to undervalue patient's pain (I have no idea why). I am sure that you suffered unnecessarily and they could have and should have put you out completely but what's done is done. Get over it now.
Could you get "walk-away" money? Maybe. Will it be worth the depositions and actually having to re-live the experience? (assuming it is so horrible for you to think of it) I doubt it.
Oh yes, in Texas you are required to provide a letter by an expert witness within 30 days (might be 90) of filing suit. All that stuff costs money before you even have a clue you're gonna get dime one. Totally agree with hangfire on this one.
A word of advice- move on, keep it as a war story.
Second, the MD who did your procedure is in no way responsible for the complaints you have here unless the anesthesist was in his employ at his surgicenter. And yes, many anesthesists are underqualified and especially the women tend to undervalue patient's pain (I have no idea why). I am sure that you suffered unnecessarily and they could have and should have put you out completely but what's done is done. Get over it now.
Could you get "walk-away" money? Maybe. Will it be worth the depositions and actually having to re-live the experience? (assuming it is so horrible for you to think of it) I doubt it.
Oh yes, in Texas you are required to provide a letter by an expert witness within 30 days (might be 90) of filing suit. All that stuff costs money before you even have a clue you're gonna get dime one. Totally agree with hangfire on this one.
A word of advice- move on, keep it as a war story.
SmegmaSoldier said:
You are mistaken. anesthesiologists are the bottom feeders in the medical community. They are looked down upon by the other doctors as "those who couldn't cut the reg med classes". I know this. Because I staff anesthesiologists into hospitals around the country. Most are lucky to make $170K a year. They are the lowest paid medical profession out there. And a RN can do the job that they do. It is a known fact. In fact, many HMO's call for a RN to be there as they get a cheaper rate. There is nothing tough about their jobs. Actually ER pharmacologists make more than the anesthesiologists do.
As far as the lawsuit goes, I am not sure what to tell you. I would say this... if the operation was sucessful and you came out of it alive, then bite the bullet and let it slide.
Delinquent
Well-known member
Is it true that if you sue, that particular hospital will refuse to treat you the next time you go there?
I work at a firm that concentrates in, among other things, med mal defense.
Anyone can bring a case for med mal. Proving it is the hard thing.
And if it's not med mal, then you're thinking of negligence. To prove that you'll need:
Duty
Breach
Injury
Causation
The anaethesiologist had a duty to you to exercise reasonable care. She breached that duty by not giving you enough anaesthesia. However, whether or not you suffered an injury is a dicier issue. Mental anguish is hard to prove.
Depending upon the statutes in your jurisdiction there may be negligence per se - she'd be guilty just by violating the statute / rule / whatever. You should talk to an attorney and assess your options. If not for your own pecuniary gain, then possibly to prevent that woman from hurting others in your position.
Anyone can bring a case for med mal. Proving it is the hard thing.
And if it's not med mal, then you're thinking of negligence. To prove that you'll need:
Duty
Breach
Injury
Causation
The anaethesiologist had a duty to you to exercise reasonable care. She breached that duty by not giving you enough anaesthesia. However, whether or not you suffered an injury is a dicier issue. Mental anguish is hard to prove.
Depending upon the statutes in your jurisdiction there may be negligence per se - she'd be guilty just by violating the statute / rule / whatever. You should talk to an attorney and assess your options. If not for your own pecuniary gain, then possibly to prevent that woman from hurting others in your position.
C
Citruscide
Guest
Let me see if I can make this clear for everybody.
Negligence cases against doctors is just as tough as a med mal case... the "DUTY" that asiansINC pointed out... isn't an absolute duty to make sure they did the procedure (whichever doctor it may be), but it is a duty of a reasonable medical professional in the same area of practice... now, if a reasonable medical professional would have done the same thing he did, and the result was that you were still awake... then there was NO BREACH of that duty, even though you were awake and felt the pain... because there was NO NEGLIGENCE.
Forget about Med Mal... it doesn't even matter if you have evidence of an injury... if an reasonable doctor in the same situation would have acted within the same scope of actions... then you suit will fail.
Doctors are held to a high standard, but they have a pretty good defense of the "medical community" -- being that they practiced the same way that other professionals, and followed all the guidelines and followed every precaution... you're fucked.
Rack it, stack it, anyway you like it.
Now, you might want to consider loss of consortium... if you have a wife or have lost sexual appetite...
C
Negligence cases against doctors is just as tough as a med mal case... the "DUTY" that asiansINC pointed out... isn't an absolute duty to make sure they did the procedure (whichever doctor it may be), but it is a duty of a reasonable medical professional in the same area of practice... now, if a reasonable medical professional would have done the same thing he did, and the result was that you were still awake... then there was NO BREACH of that duty, even though you were awake and felt the pain... because there was NO NEGLIGENCE.
Forget about Med Mal... it doesn't even matter if you have evidence of an injury... if an reasonable doctor in the same situation would have acted within the same scope of actions... then you suit will fail.
Doctors are held to a high standard, but they have a pretty good defense of the "medical community" -- being that they practiced the same way that other professionals, and followed all the guidelines and followed every precaution... you're fucked.
Rack it, stack it, anyway you like it.
Now, you might want to consider loss of consortium... if you have a wife or have lost sexual appetite...
C
Check what you signed before Flexed1. Most sugeons make you sign documents that state that you are aware of the risks of the procedure and they list IN DETAIL all possible sides. Waking during anesthesia and not ever waking up after anesthesia are usually both listed. Along with all kinds of other nasty things..
Basically what the doctors say and the courts will back up is that this type of stuff comes with the procedure..
What you CAN sue for is if they sew you up with a pair of scissors, or the dr's wedding ring inside you.. or if someone has sex with you while you're out.
Brian
Basically what the doctors say and the courts will back up is that this type of stuff comes with the procedure..
What you CAN sue for is if they sew you up with a pair of scissors, or the dr's wedding ring inside you.. or if someone has sex with you while you're out.
Brian
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