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MALPRACTICE - Please, Do we have a case?

 
 
Reply Thu 23 Dec, 2004 03:39 pm
Happy Holidays
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Type: Discussion • Score: 1 • Views: 685 • Replies: 9
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Portal Star
 
  1  
Reply Thu 23 Dec, 2004 07:05 pm
Of course you don't have a case. Doctors are people too, and some are better at treating certain things than others. Most doctors don't even deal with brain problems, because they aren't trained to - so it was probably good that they kicked your friend out.

Malpractice is when a doctor makes a preventable mistake that causes injury to the patient. For example, my grandmothers doctor put in her pacemaker without sterilizing the pacemaker and she deveoloped a bad infection and had to have it removed. She could have sued for malpractice.

As for the second story, don't go around trying to sue everybody for your problems. The law is there to protect you, not to make you money or to serve as an outlet to your frustrations.

Now, if you could prove that her (first story) pancreatitis was a direct result of a preventable accident of her surgeon, that would be different. For example, if he left a sponge in there, or forgot to sterilize his instruments. But she could have developed pancreatitis as a complication of the surgery that was not preventable by the doctor, or it could be unrelated.
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milagros
 
  1  
Reply Thu 23 Dec, 2004 08:06 pm
Portal Star wrote:
Neutral Of course you don't have a case. Doctors are people too, and some are better at treating certain things than others. Most doctors don't even deal with brain problems, because they aren't trained to - so it was probably good that they kicked your friend out.
Malpractice is when a doctor makes a preventable mistake that causes injury to the patient. For example, my grandmothers doctor put in her pacemaker without sterilizing the pacemaker and she deveoloped a bad infection and had to have it removed. She could have sued for malpractice. As for the second story, don't go around trying to sue everybody for your problems. The law is there to protect you, not to make you money or to serve as an outlet to your frustrations.
Now, if you could prove that her (first story) pancreatitis was a direct result of a preventable accident of her surgeon, that would be different. For example, if he left a sponge in there, or forgot to sterilize his instruments. But she could have developed pancreatitis as a complication of the surgery that was not preventable by the doctor, or it could be unrelated.


Hi Portal Star,
Thank you for your point of view.

However I think you didn't get it that the patient was at ER. Hello? ER.

So, I guess mental patients should go a hell because most doctors don't deal with brain problems. Interesting.

By the way, I really don't see a story...oops I mean case with your grandmother. Many poor doctors forget to sterilize medical tools. They are only humans. If she sues It would be good that she is kicked out of court.

Also, I am curious to know how you came up with the conclusion that we go around trying to sue everybody.

Then, I see that you perceive mental illness as a frustration. What else is new.

Maybe you are right. Maybe the doctor dropped a Tic Tac on the opening by the tripes of the little problematic fellow with pancreatitis.

Finally I am pretty sure you won't believe it but what is most important for these silly sick fellows is that health providers wake up and smell the coffee so that others don't suffer the same. You won't believe it anyway.

By the way these are not stories, these are cases. Thanks.
Happy Sweet Sixteen and also Happy Holidays to you and to your Grandmother Twisted Evil
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Portal Star
 
  1  
Reply Fri 24 Dec, 2004 11:40 am
Milagros, if someone doesn't know how to treat something, why would you be angy at them for not treating it?

You wouldn't take your car the the hairdresser to get it repaired.

People go to Psychaiatrists, neurosurgeons, and councillors for brains. They are trained to fix brains. ER staff does not know how to deal with, nor do they have the equipment to deal with, chemical imbalances in the brain.

And yes, if any doctor, even a poor one, doesn't sterilize his or her instrument, that is malpractice. If they dropped a tic tac in someone's pancrea, that would also be malpractice.
0 Replies
 
milagros
 
  1  
Reply Sat 25 Dec, 2004 03:41 pm
Portal Star wrote:
Milagros, if someone doesn't know how to treat something, why would you be angy at them for not treating it?

You wouldn't take your car the the hairdresser to get it repaired.

People go to Psychaiatrists, neurosurgeons, and councillors for brains. They are trained to fix brains. ER staff does not know how to deal with, nor do they have the equipment to deal with, chemical imbalances in the brain.

And yes, if any doctor, even a poor one, doesn't sterilize his or her instrument, that is malpractice. If they dropped a tic tac in someone's pancrea, that would also be malpractice.


if someone doesn't know how to treat something, why would you be angy at them for not treating it?

You wouldn't take your car the the hairdresser to get it repaired.

People go to Psychaiatrists, neurosurgeons, and councillors for brains. They are trained to fix brains. ER staff does not know how to deal with, nor do they have the equipment to deal with, chemical imbalances in the brain.

And yes, if any doctor, even a poor one, doesn't sterilize his or her instrument, that is malpractice. If they dropped a tic tac in someone's pancrea, that would also be malpractice.[/quote]


Hello Again Dear Mortal Star :
Happy Holidays!

... And you wouldn't go to the ER if you were having a heart attach right? (After all, the chances that the doctor on call is in fact a cardiologyst might be very low). See you in heaven.

Could you please advice me on the following two concerns of mine:

If a surgeon dropped a hershey kiss inside someone's open belly at the pancreas, would that also be malpractice?
And, what about if the kiss fell at the liver ? Would that make any difference? Thanks a million !

By the way, your tone reads sweeter now. Is that because I said your grandmoder should be kicked out of court? Hugs.

PD:

1- If ER staff does not know how to deal with the brains I have news for you: They should.

2. If my car broke in the middle of the highway, I don't have a cell, it is dark, someone was murdered by the bushes at this area recently, I better NOT stop other cars to help me as the last resort. The drivers may not be car mechanics.

3. When I said "poor doctor" that was in fact a sarcasm. I meant poor as in "unlucky", not poor as in "without money".

Take Care and Good Health Twisted Evil Twisted Evil
0 Replies
 
roger
 
  1  
Reply Sat 25 Dec, 2004 04:56 pm
Milagros, you are just being absurd. You asked for an opinion. You got it. I happen to agree with Portal Star (Not Mortal Star, btw), but that's not the point, is it? You don't want an opinion; you want agreement or nothing. I leave you with the latter.
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jespah
 
  1  
Reply Sat 25 Dec, 2004 04:57 pm
A question about whether you have a case involves a trip to a lawyer who specializes in medical malpractice, not a question online from people who are only going to give their opinions without access to all of the facts.

Go to a lawyer. The first consultation is often free. Have all of your information available, including any records which are appropriate. And by appropriate, I mean what's on point. Don't just dump a stack of unsorted papers on a lawyer's desk -- a free consultation would very quickly turn into the lawyer either throwing up his or her hands in defeat or telling you to make an appointment for a time when he or she could better help you, and you'd have to pay for that appointment.

But that may be money well spent for you, so consider it. But like I said, get things together, it will save you money and time which will be very helpful if it turns out you do not have a case.

I say this as an attorney. Go and speak directly, face to face, with a professional. Don't rely on online advice. The Terms of Service of A2K prohibit us from offering you legal advice, and we won't just bend that rule "just this once". This part of our Terms of Service exists to protect us and you - you from throwaway (read: potentially very bad) advice, and us from the possibility of legal malpractice attaching.

Is Portal Star right? I have no idea, I'm not suggesting one way or another.

Now, on Monday, contact a local attorney and go about this the right way. It'll be worthwhile to you to know, even if the answer isn't the one that you're hoping for.
0 Replies
 
milagros
 
  1  
Reply Sun 26 Dec, 2004 02:00 pm
jespah wrote:
A question about whether you have a case involves a trip to a lawyer who specializes in medical malpractice, not a question online from people who are only going to give their opinions without access to all of the facts.

Go to a lawyer. The first consultation is often free. Have all of your information available, including any records which are appropriate. And by appropriate, I mean what's on point. Don't just dump a stack of unsorted papers on a lawyer's desk -- a free consultation would very quickly turn into the lawyer either throwing up his or her hands in defeat or telling you to make an appointment for a time when he or she could better help you, and you'd have to pay for that appointment.

But that may be money well spent for you, so consider it. But like I said, get things together, it will save you money and time which will be very helpful if it turns out you do not have a case.

I say this as an attorney. Go and speak directly, face to face, with a professional. Don't rely on online advice. The Terms of Service of A2K prohibit us from offering you legal advice, and we won't just bend that rule "just this once". This part of our Terms of Service exists to protect us and you - you from throwaway (read: potentially very bad) advice, and us from the possibility of legal malpractice attaching.

Is Portal Star right? I have no idea, I'm not suggesting one way or another.

Now, on Monday, contact a local attorney and go about this the right way. It'll be worthwhile to you to know, even if the answer isn't the one that you're hoping for.


Hey Jespah,

Thank you. I will take your advice.
Have no idea what LMA is. But I will find out.

Happy New Year.
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milagros
 
  1  
Reply Sun 26 Dec, 2004 03:10 pm
roger wrote:
Milagros, you are just being absurd. You asked for an opinion. You got it. I happen to agree with Portal Star (Not Mortal Star, btw), but that's not the point, is it? You don't want an opinion; you want agreement or nothing. I leave you with the latter.


Hey Roger,

You rather left me with the former. Thanks!. And thank you for your reply.

Star was very nice. I was looking for opinions and she gave me one, and so did you. I just wanted to make clear for others that might be reading this that if you are probably dying you go to the ER and they should at AT LEAST TRY to keep you alive by any means not kick you out. Have no idea why she assumed my significant others go around suing everybody. Anyway, I don't know why, but an agreement would sound nice, however not really looking for one. Don't know what btw means.
Very sorry for being absurd to you. Some peoples believes could be harmful to others. Agreeng with the line " …the world is run by opinion…". Again sorry. Forgive me please Crying or Very sad Crying or Very sad Crying or Very sad
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roger
 
  1  
Reply Sun 26 Dec, 2004 05:45 pm
Then I apoligize for the snippy answer.

By the way, btw means By The Way.
0 Replies
 
 

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