Notices
General Discussion and Debate Discuss, Debate, and Converse with other Honda-Tech members in a mature, intelligent manner.
Sponsored by:
Sponsored by:

WTF? Only 4yrs on Medical Malpratice Claims?

 
Old 07-01-2009, 09:14 AM
  #1  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default WTF? Only 4yrs on Medical Malpratice Claims?

My friends Mom underwent Pancreatic surgery 5yrs ago and has just never recovered. She pretty much wrote it off as; I'm getting older, and I just haven't recovered form surgery. Well, a few days ago she had a chest X-Ray done and they found out she has Surgical Clips still inside her from the surgery. I just spoke to 2 very high-powered MM PI lawyers and they both told me she's out of luck b/c the 4yr statute window expired.
Right now she is out of work, doesn't have insurance, and needs to have surgery.....She is stuck going to a County Hospital and who knows what kind of permamnent damage is done.........
What a messed up world where Criminals can be charged 7yrs after the fact, and BAD surgeons get away with murder......or almost in this case!.........
NirVTEC is offline  
Old 07-01-2009, 09:16 AM
  #2  
Unceasing Measure
 
Archidictus's Avatar
 
Join Date: Feb 2002
Location: Columbus Ohio
Posts: 13,087
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by NirVTEC View Post
My friends Mom underwent Pancreatic surgery 5yrs ago and has just never recovered. She pretty much wrote it off as; I'm getting older, and I just haven't recovered form surgery. Well, a few days ago she had a chest X-Ray done and they found out she has Surgical Clips still inside her from the surgery. I just spoke to 2 very high-powered MM PI lawyers and they both told me she's out of luck b/c the 4yr statute window expired.
Right now she is out of work, doesn't have insurance, and needs to have surgery.....She is stuck going to a County Hospital and who knows what kind of permamnent damage is done.........
What a messed up world where Criminals can be charged 7yrs after the fact, and BAD surgeons get away with murder......or almost in this case!.........
She should have taken action much sooner. Did the surgeons make a mistake? Absolutely. Did she make a mistake by allowing it to continue? Absolutely. It's your BODY, people - get to a doctor if it doesn't feel proper.

Statutes of Limitation exist for a reason: you can't expect the doctors to sit by for ten years waiting for every Susy Assface and Johnny Dickbutt to come up with some reason why the surgery caused them undue pain and suffering. The malpractice system and insurance process is already ridiculously skewed in favor of patients (much to the medical professionals' detriment). We don't need to advocate it going even further.
Archidictus is offline  
Old 07-01-2009, 09:18 AM
  #3  
Honda-Tech Member
 
Join Date: Jan 2003
Location: San Jose, CA, USA
Posts: 1,206
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

I don't know, but call me crazy but I would imagine the hospital would float the bill to have it removed. And if not go to the local news. But also being sick for 5 years is a long time to not act.
SDT Project EF is offline  
Old 07-01-2009, 09:22 AM
  #4  
Honda-Tech Member
 
RynoDyno312's Avatar
 
Join Date: Feb 2004
Location: South Orange Conty, CA
Posts: 2,629
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

She can still file some kind of lawsuit I bet. This is America, after all.
RynoDyno312 is offline  
Old 07-01-2009, 09:29 AM
  #5  
Honda-Tech Member
 
jdmotorsports's Avatar
 
Join Date: Feb 2000
Location: way the hell out there., ct
Posts: 2,750
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Yeah, go back to where she had it done originally and tell them she is getting the items removed for free or every local news station is going to know about it.
jdmotorsports is offline  
Old 07-01-2009, 09:40 AM
  #6  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Archidictus View Post
We don't need to advocate it going even further.
Wow......amazing how people can take sides so fast.
She felt like **** before the sugery, and better after the surgery........What more can a 55yo woman ask for?
I think in a situation where there is still strong evidence present(surgical items left behind) the statute should be infinite......


Local news....Good idea!...
Maybe an attorney will read/see the story and find a loophole!!!
NirVTEC is offline  
Old 07-01-2009, 09:42 AM
  #7  
Honda-Tech Member
 
Join Date: Sep 2002
Location: GDD
Posts: 2,748
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?



+



I don't see a problem here.
lke2drvgsr is offline  
Old 07-01-2009, 09:46 AM
  #8  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by lke2drvgsr View Post

I don't see a problem here.
Hopefully the Everclear is for the patient and NOT the doctor......The previous Doctor was probably drunk or on painkillers when he did the surgery.
Losing even more confidence in Doctors now........
NirVTEC is offline  
Old 07-01-2009, 09:46 AM
  #9  
Honda-Tech Member
 
Join Date: May 2002
Posts: 1,410
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

pollofrito21 is offline  
Old 07-01-2009, 09:49 AM
  #10  
Honda-Tech Member
 
Join Date: Jan 2003
Location: San Jose, CA, USA
Posts: 1,206
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by NirVTEC View Post
Hopefully the Everclear is for the patient and NOT the doctor......The previous Doctor was probably drunk or on painkillers when he did the surgery.
Losing even more confidence in Doctors now........
dude he wasnt drunk or on painkiller, he does massive amounts of blow after not sleeping for days on end. Get your **** straight man. Everyone knows doctors are just party animals.

How old are you OP? cause that statement is just retarded
SDT Project EF is offline  
Old 07-01-2009, 09:51 AM
  #11  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by SDT Project EF View Post
dude he wasnt drunk or on painkiller, he does massive amounts of blow after not sleeping for days on end. Get your **** straight man. Everyone knows doctors are just party animals.
Haha.....not the 1st person I have heard the Doctor/Coke-Problem from.......
NirVTEC is offline  
Old 07-01-2009, 09:54 AM
  #12  
Honda-Tech Member
 
Mr.E.G.'s Avatar
 
Join Date: May 2003
Location: mother russia
Posts: 2,057
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

What state is this in?

I have a couple of thoughts being that I work in a PI firm.

The statute on medical malpractice is different than a car accident for example. With a car accident you have two years from the date of of the incident. With medical malpractice, you have two years from the date of discovery.

Effectively, you have to show that your reason for not finding out that there was a problem is reasonable. In her case, she had warning signs and chose to ignore them. I don't know how the court would interpret that.

A perfect example of when the statute is extended are all of these mesothelioma cases you hear about. No one knew that asbestos would cause cancer until decades after people were exposed to it. The plaintiffs were basically suing for the exposure they had forty years earlier that caused a condition that they just got.

Last, are you sure that the clips were not supposed to be left in there? We get at least two calls a month from people who say the doctor left something inside me, and in every single one of those instances our medical expert says that particular device is designed to be left inside.

If I had to guess, knowing nothing about your state and it's statutes, I would guess that she would be entitled to an extension of the statute but those attorneys are simply using that as an excuse to say they are not interested.

What most people don't know is that most attorneys turn down 75% of the cases that come through their door. Lots of times people are nuts and they don't really have a case, others have a case but there is nothing in it for an attorney.

I'm guessing she is in the latter category. In most states, tort reform measures have been passed which caps the damages available in a medical malpractice lawsuit. There was a case here in Dallas where a guy got an infection and lost all of his limbs due to hospital negligence. They got a jury verdict for like 7 or 8 million bucks, but he only was able to keep like 250k of it, due to tort reform.

The bottom line is that it is not worth it for many attorneys to take a case where they can only make some portion of 250K. Not to mention that in every medical malpractice case, you have to get one or more medical experts to provide an evaluation of the case that results in a medical conclusion that the doctor did, in fact, screw up. That costs a lot of money, which the firm has to front, and it can be tricky to get a doctor to roll over on another doctor. I can't tell you how many times someone was the victim of blatant medical malpractice, but we couldn't help them because their new doctor was unwilling to testify and teh damages in the case were marginal enough that we couldn't assume the risk of paying for an expert opinion only to potentially have pissed all of that money away.

Forget the big time firms, because they can have their pick of the littler. Find a smaller firm who is more hungry and you may find that your luck has changed. The firm i work at is a big small firm. Small in size, but we've hit a few big ones. There are super star attorneys like Frank Branson in Dallas, and he wouldn't cross the road to take a case this shitty. Other attorneys would be quite interested. Sometimes you can benefit greatly from a lesser known attorney.
Mr.E.G. is offline  
Old 07-01-2009, 09:56 AM
  #13  
Honda-Tech Member
 
Mr.E.G.'s Avatar
 
Join Date: May 2003
Location: mother russia
Posts: 2,057
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Archidictus View Post
Susy Assface and Johnny Dickbutt .

hahahahaha. that WILL be worked into my verbal palate. hahahahaha. well played sir.
Mr.E.G. is offline  
Old 07-01-2009, 09:56 AM
  #14  
Honda-Tech Member
 
dirrtybirdy's Avatar
 
Join Date: Feb 2007
Location: Hollywood Hills
Posts: 603
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

thats some ****ed up ****.
dirrtybirdy is offline  
Old 07-01-2009, 09:59 AM
  #15  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Mr.E.G. View Post

Forget the big time firms, because they can have their pick of the littler. Find a smaller firm who is more hungry and you may find that your luck has changed. The firm i work at is a big small firm. Small in size, but we've hit a few big ones. There are super star attorneys like Frank Branson in Dallas, and he wouldn't cross the road to take a case this shitty. Other attorneys would be quite interested. Sometimes you can benefit greatly from a lesser known attorney.
Thank you for the advice.....Going to call a few smaller guys today.
NirVTEC is offline  
Old 07-01-2009, 10:01 AM
  #16  
Honda-Tech Member
 
Mr.E.G.'s Avatar
 
Join Date: May 2003
Location: mother russia
Posts: 2,057
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

What state are you in? I might be able to hook you up with someone.
Mr.E.G. is offline  
Old 07-01-2009, 10:25 AM
  #17  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Mr.E.G. View Post
What state are you in? I might be able to hook you up with someone.
Illinois
NirVTEC is offline  
Old 07-01-2009, 11:03 AM
  #18  
Tuna-Killer
 
eg9beast's Avatar
 
Join Date: Feb 2005
Location: Tuna time, pacific ocean, usa
Posts: 611
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

wow sorry to hear that man, i hope your family and do something about this.
eg9beast is offline  
Old 07-01-2009, 11:05 AM
  #19  
Honda-Tech Member
 
Unseen Racer's Avatar
 
Join Date: Apr 2008
Location: Fontana, Ca, United States
Posts: 3,163
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

dang.

you should make like a fundraiser
Unseen Racer is offline  
Old 07-01-2009, 12:23 PM
  #20  
My Name is Nobody
 
MSchu's Avatar
 
Join Date: Jul 2005
Location: Las Vegas, NV
Posts: 14,439
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Archidictus View Post
She should have taken action much sooner
MSchu is offline  
Old 07-01-2009, 12:30 PM
  #21  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by MSchu View Post
My thoughts exactly......

So in essence, you get a longer warranty on Brake Pads installed at MIDAS.......
What a messed up world this is.......

Multi $B Insurance Co vs The Lil' guy!.....She's probably going to die in pain/debt b/c of this.
This whole thing seems pretty Republican to me......What do I know though?!

Thanks for the kind words guys.......
The Hospital that this happened at was bought out by Ressurection Medical Center which seems to own a majority of local hospitals/clinics.......
NirVTEC is offline  
Old 07-01-2009, 12:32 PM
  #22  
Honda-Tech Member
 
Mr.E.G.'s Avatar
 
Join Date: May 2003
Location: mother russia
Posts: 2,057
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by NirVTEC View Post
My thoughts exactly......

So in essence, you get a longer warranty on Brake Pads installed at MIDAS.......
What a messed up world this is.......

Multi $B Insurance Co vs The Lil' guy!.....She's probably going to die in pain/debt b/c of this.
This whole thing seems pretty Republican to me......What do I know though?!

Thanks for the kind words guys.......
The Hospital that this happened at was bought out by Ressurection Medical Center which seems to own a majority of local hospitals/clinics.......
Another thing you can do that will help your chances is to get the doctor that discovered the clips being left in to write something that says that he thinks the other doctor made a mistake.

Are you guys absolutely positive that this is not a device that is supposed to be left in?
Mr.E.G. is offline  
Old 07-01-2009, 12:38 PM
  #23  
Honda-Tech Member
Thread Starter
 
NirVTEC's Avatar
 
Join Date: Mar 2002
Location: Phoenix, AZ
Posts: 5,000
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by Mr.E.G. View Post
Another thing you can do that will help your chances is to get the doctor that discovered the clips being left in to write something that says that he thinks the other doctor made a mistake.

Are you guys absolutely positive that this is not a device that is supposed to be left in?
Im still trying to work through a langauge barrier right now.....So my info has been translated.
I was told by my local MMPI Attorney that sometimes clips are left in purposely, but sometimes they are not. Regardless of that, she needs more surgery and is going to end up on a waiting list at the County Hospital.......
How could something be left in that could cause future issues? Poor material? Poor install? Almost sounds like it could be a case of a Hack mechanic installing a defective part.....Who knows.....
NirVTEC is offline  
Old 07-01-2009, 01:40 PM
  #24  
B*a*n*n*e*d
 
Join Date: Jun 2002
Location: Bouncing off of the city bus in Saigon
Posts: 11,712
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by NirVTEC View Post
Illinois
so tell me how does it feel to be raped on tolls in Chi town?

I hate that crap every time I go through there....
YeuEmMaiMai is offline  
Old 07-01-2009, 02:02 PM
  #25  
Honda-Tech Member
 
Join Date: Sep 2002
Location: GDD
Posts: 2,748
Default Re: WTF? Only 4yrs on Medical Malpratice Claims?

Originally Posted by YeuEmMaiMai View Post
so tell me how does it feel to be raped on tolls in Chi town?

I hate that crap every time I go through there....
IPass ftw.. Half the cost of paying cash.
lke2drvgsr is offline  

Thread Tools
Search this Thread
Quick Reply: WTF? Only 4yrs on Medical Malpratice Claims?


Contact Us - About Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

© 2019 MH Sub I, LLC dba Internet Brands

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.