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11/27/2008 02:17:56 PM · #1 |
Long story short. Last year my wife was grossly misdiagnosed on a few health problems. 3 Doctors in the last 2 weeks have confirmed this. Now call me a dumb assed concrete worker, but I am not looking for some frivolous lawsuit that may take a decade to settle. All we are looking for is to be returned what was spent with the treatment by the first Doctor that by her own tests, as well as a few more, the others used to determin the diagnoses incorrect.
So in essence is there a reference anywhere, that I can separate the ambulance chasing lawyer, from the one that represents my wishes.
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11/27/2008 03:15:13 PM · #2 |
I would study up and represent myself!
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11/27/2008 03:23:29 PM · #3 |
I work at a law firm in Utah as there IT guy. I know the lawyers pretty well and they are really good. Where do you live again?
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11/27/2008 08:45:07 PM · #4 |
fixed...
Message edited by author 2008-11-28 08:56:20. |
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11/28/2008 07:17:59 AM · #5 |
St. George, Utah. I bought a suitcase there after Skywest destroyed mine. :-P
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11/28/2008 08:29:58 AM · #6 |
Thanks Chris, I fixed that.
Yes, Matthew, that warmer place to the south-west of you.
Slippy, Skywest headquarters are located here, I hope they repaid you.
I'm still in search of a way to separate, a good solid lawyer from the ambulance chaser. One of the Doctors supposedly was going to report the first Dr. to whoever.
The case should be relatively easy, but again not looking for the big payday, just what was spent so I can offset the cost of the surgery, that will actually help my wife.
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11/28/2008 10:11:26 AM · #7 |
Originally posted by alans_world:
...Slippy, Skywest headquarters are located here, I hope they repaid you... |
I expensed the new suitcase to the company I was doing work for, so that was free. Then Skywest sent me a cheque for my destroyed suitcase, in effect paying me for the hassle of shopping for a new one.
;-)
Good luck on your lawyer search!
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11/28/2008 10:30:43 AM · #8 |
Well, if your looking for good lawyers, just look up Bearnson & Peck. Like I said, I just work for them as their IT guy and know next to nothing about law. I just know that they are good guys.
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11/28/2008 10:54:10 AM · #9 |
Alan,
I have the misfortune to be spending much too much time talking to lawyers.
I'm the president of our Condo Association. The developer has not done a lot of the warranty repairs he was supposed to do. We are considering suing him. I think this case should be relatively easy.
We have a good solid lawyer who has done other work for us. She says that suing him will cost at least $10 thousand up front and the case will not come to trial until about two years from now. It is far from certain that we would win.
Lawyers work in two different ways. Our lawyer charges us for time ($190/hour) and expenses. Other lawyers take cases on a contingency basis. They don't charge you anything for time or expenses; instead they take a percentage of what you win in court. If you lose, it costs you nothing and the lawyer loses the money spent on bringing the case to court.
I think that most medical malpractice cases are done on a contingency basis. You won't be able to get a lawyer to take your case unless there are big bucks involved. Malpractice cases are very expensive because you need to pay for expert witnesses.
I suspect that both of us are going to decide that our losses are not big enough to bring suit--even though our losses certainly look big to us.
How much money is involved? We have a small claims court that takes cases up to $3000. For this, you don't need a lawyer. The clerk at the court will help explain the forms you need to submit. Something like this might be a possibility for you.
~~Dan |
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11/29/2008 08:43:50 AM · #10 |
Shakes head, that̢۪s exactly what I don̢۪t need, a long drawn out trial that turns into a 3 ring circus. Although the Doctor wants to do the surgery in December, we will probably schedule it for the beginning of January for insurance and vacation reasons. Even with that it looks like I have no choice but to get a second job.
Thanks Dan for the suggestion of small claims, looks like I might have fall back on that as a option.
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11/29/2008 10:02:09 AM · #11 |
| you might try calling your local bar association. Most of them have lawyer referral services so you get hooked up with the right kind of lawyer for your needs. They usually only refer you to attys who are in good standing and usually they offer a low cost 30 minute consult to give you a chance to see if you ant the atty are a good fit. |
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11/29/2008 10:25:31 AM · #12 |
Most doctors are unwilling to testify against each other. With that said, if you have one or more who will, I wonder if you've simply called the first doctor and asked for some help.
If your wife would have needed the surgery anyway no matter what, you probably won't get far. However, if the mistake of the first doctor caused your wife to need surgery that she would not have otherwise needed, then maybe you can get somewhere.
The fact that you are able to delay the surgery for convenience would suggest the medical issue is not life-threatening makes it appear that the issue is not life-threatening.
Keep in mind also that what you spend on the lawyer will reduce any benefit gained, so think carefully about time and effort.
Also, doctors are human, too. She may have made a legitimate mistake, and if your wife experienced only a delay in diagnosis it might be better to just move on. All the doctor's defense lawyer has to do is point to the delayed surgery and say the delayed diagnosis wouldn't have mattered because you wouldn't have done the surgery any sooner anyway.
Good luck. |
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11/29/2008 11:50:08 AM · #13 |
Life threatening yes, Immediately life Threatening, as in your next 28 day cycle will kill you, can only be answered on Monday. If the doctor says now, it will be now!!
Of the last 3 doctors that have changed the diagnoses, 1 has already reported the fist doctor to the medical board (or whoever they answer to), all 3 told my wife the first doctors treatment was dangerous.
I am a concrete finisher, I am also human. If I poured the first Doctors driveway, and if for one or more of the hundreds of reasons it could be, the driveway developed a few cracks, what exactly do you think that Doctor will do? I can easily answer that, as I fix it, or pay someone else to..
I̢۪m not meaning to rant at you Laurie, so don̢۪t take it as that. I just believe Doctors are just as responsible for their mistakes as the rest of us are, I̢۪m not looking for a big payday, I just expect what would be expected of me..
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11/29/2008 11:59:22 AM · #14 |
| Alan, I know how frustrating this is. I had a doctor/hospital mistake cause me to have a heart attack. Another hospital called the one's who made the mistake and reemed them out. This caused permanant damage to my heart and as I result I'm now on permanent disability. Guess what? I couldn't find a lawyer to touch the case. |
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