Why is it medical providers are fleeing. When I First asdked a question about a concern on a script writtren for am MARI without contast, the writter of the script dropped me as a patient.That ws three years ago. Since then I was referred to another doctor,, it took a year and one half to get an appointment. We got nothing from him. Now I find I can not get appointments with local or larger facilities, because ligitagation is involved.How am I to determine full damages and future damages without being able to see an independent doctor.
Country relating to Question: United States
Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours.
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Why is it medical providers are fleeing. I can't say for sure, of course, but since you mention litigation, if it has to do with medical malpractice, it is true that there seems to often be a brother code amongst many doctors who do not want to treat a litigant because they realize they will be subpoenaed to testify at trial, not a pleasant experience for a doctor who is not in that line of work (providing expert testimony).
When I First asdked a question about a concern on a script writtren for am MARI without contast, the writter of the script dropped me as a patient.That ws three years ago. Since then I was referred to another doctor,, it took a year and one half to get an appointment. We got nothing from him. I wonder if there is a local black list?
Now I find I can not get appointments with local or larger facilities, because ligitagation is involved. I understand.How am I to determine full damages and future damages without being able to see an independent doctor. You need to discuss with your attorney HIS known contacts - medical malpractice firms typically have an arsenal of specializing doctors in various areas that can be experts at trial - and of course, they can be treating or evaluating physicians as well (and often you'd want that). If your attorney is not very MM experienced, that may be a mistake, but if so, ask him to consult with colleague firms with more medical contacts that are willing to testify on behalf of the patient.
You don't mention, but IN the event you have been telling the doctors you are trying to get to that you are suing a doctor, you may want to refrain from sharing that information. Also, do NOT feel as if you must see a local doctor. You can certainly see one out of county or across the state - so do what you must do, since those local to you may be aware of the litigation (if you are not the bearer of that news).
Optional Information: Country relating to Question: United States
Thank you Alexia.
I do not have an attorney, nor can i find one.
I was already diasbled when this accurred. I get comments like " it all depends what the damages will be" are the damages permanent? "the jurors in that county are fickle, " you can not win a case like this in that county."
We had no idea how hard it would be to replace the lawyer who files the case and then dropped it.
We were left unaware of what we had to do and in what time frame.
The doctor involved wen into a part of my boody he had not right being in and left me with permanent damage. Battery as I understand it. The much latter we find his SWORN deposition is perjury. And facility we were at backs him.
The defense was sending requests for medical releases to the attorney who bailed out at the same time he was bailing out. We had not knowledge of these requests. Now wwe have deadlines we can not meet with out an attorney;s assistance.
I am currently hospitalized and have been for over a week, but have to be in court in less that a week. Any ideas??
I can not afford an attorney and it would seem they do not feel this case would be lucrative enough for them.
I did procure an expert report. The report indicates there was a breach in standards.
Hi again, thank you for your follow up. I apologize for the weird tech glitch above where part is a bunch of gobbledy-gook test. I think it said:
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I do not have an attorney, nor can i find one. Do you know why any did not want your case? The usual reasons are: 1) no substantial evidence of likely medical malpractice OR 2) the damage to the victim, although existing, would not be high enough to cover that victim's out of pocket expenses in pursuing a claim in court - thus, leaving the victim with no "net" take home after paying the costs to get the award.
I was already diasbled when this accurred. I get comments like " it all depends what the damages will be" are the damages permanent? That is because when you sue, you as asking the jury to pay you for your LOSSES. That can be out of pocket medical expenses AND/OR the value that they place on any quality of life you lost, temporary loss, permanent loss, as a result of the medical malpractice.
"the jurors in that county are fickle, " Do some research, that could be - meaning, some will give NO damages unless you go from a walking person to a quadraplegic.....
you can not win a case like this in that county." Why? Was there no legal liability? No damages? It sounds like they are saying that unlike some juries that will give you SO much more than you suffered, in order to be sympathetic or to "punish" the negligent party, this county is very conservative, perhaps. And again, if that likely range you'd be awarded is, say, $50k, but you have to spend $70k to get it to a jury, you'd be losing money. It is like building a house. If you put $100k of materials and labor into it, but it is only worth $75,000 in this market and that location..... well, not so good.
We had no idea how hard it would be to replace the lawyer who files the case and then dropped it. Ah, have you been moving along without him I hope, so it doesn't go unprosecuted and get dismissed? One thing you can do is get away from the concept of "contingent" fee - where only the lawyer takes the risk of loss - and offer a retainer and a billable hour arrangement - or a hybrid version of the two. Most lawyers can't afford to work for weeks or months for no pay (lest they lose their home, default on bills, and lose other clients) - so the promise of a reward by winning a decent award is very important for a contingent fee agreement. If the case has "issues" - i.e no expert doctor agrees that your doctor committed a medical no-no given the circumstances (all medical procedures that don't "work" are not necessarily chose or performed negligently, in other words, even if injury results) - that could be an "issue". Or if the patient weren't injured beyond, say, a cut finger or a broken nose, even IF great malpractice is shown, then the damages would be what? $500? $1000? Whatever a jury decides, and it can certainly vary, based on medical proofs, whether they LIKE/DISLIKE the patient testifying, whether they LIKE or DISLIKE the doctor, etc.
We were left unaware of what we had to do and in what time frame. Rude Lawyer, certainly!
The doctor involved wen into a part of my boody he had not right being in and left me with permanent damage. Battery as I understand it. Yes, but what is the level of permanent damages (i.e. pain, suffering, loss of use of a body part you used? or didn't use?) and what doctor is testifying on your behalf about it?
The much latter we find his SWORN deposition is perjury. And facility we were at backs him. Perjury is hard to prove PLUS, the courts often don't care. Sad to say, but I see perjury every day - most dishonest people don't feel afraid to perjure because it is rarely prosecuted. However, if you have proof he lied in material way, that can really help your case when your properly cross examine him to show he lied on the stand - it can go far in getting a jury to not put a lot of evidentiary weight on everything else he DOES say - even the truthful parts.
The defense was sending requests for medical releases to the attorney who bailed out at the same time he was bailing out. We had not knowledge of these requests. Now wwe have deadlines we can not meet with out an attorney;s assistance.What deadline - sign the releases, it takes 2 minutes, and overnight them to the law office that wants them. That part is NOT hard or time consuming.
I am currently hospitalized and have been for over a week, but have to be in court in less that a week. Any ideas?? Contact the court and advise that you are in the hospital and need an adjournment of several weeks at least. If the clerk says no, put it in writing to the Judge, telling the Judge what is up and why you need time (and if your attorney JUST bailed include that) and mail it certified r.r.r. Ask your adversary FIRST for consent for the adjournment - and if he says OK, make sure you start your conversation with the court clerk with the fact that 'I need an adjournment and my adversary consents - I need it because A and B.'
I can not afford an attorney and it would seem they do not feel this case would be lucrative enough for them.Or for you, apparently. How many have you spoke to? If it is less than dozens, and if you haven't tried offering a retainer (IF they promise that they will DO the trial with no avenue to drop out)
I did procure an expert report. The report indicates there was a breach in standards. Great, that guy has to testify! And, does he include an opinion on what RESULTED, medically, from the breach? He needs to connect the mistake to the medical damage. Then you can discuss your paind and limitations results and he can opinion that such medicial damage would reasonably be expected with all medical probability to cause such pain/limitations. If he won't testify - and you may have to pay him thousands, as that is what they charge to testify usually..... you can try to subpoena him - but you really need to read, repeatedly, your local court rules on how to subpoena (if no lawyer, the clerk does the subpoenaing at your request) - those will also contain your Rules of Evidence and you probably want to get a book or course on how to get evidence admitted and how to do a direct examination and cross examination. I realize you are under the gun her, because those skills generally take YEARS to hone, but you don't have to be an artist up there - just get through it with a level of effectiveness. Hopefully the jury will be sympathetic and see what is going on.
I hope this clarifies and I wish you the best.
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19 Years of Legal Practice Experience in this precise field.
I do not have thousands to pay an attorney. The expert has put his finding down in writing.
I would like to find an honest attorney to lead us through the court rules and procedures.
The damages have affected my quality of life and forever will. However, I am not dead and still have both arms and legs. He took my voice, for a middle school teacher, that is a lot. However my health took my out of the teaching ranks in 2000.
The nerve damage leaves me with pain 24/7, sleep is hard to get and the 40 lbs I have lost, has put me at an unhealthy weight.
I no longer use a phone, so you can imagine contacting attorneys has been difficult. I have family and friends, but it seems like talking and eating were our most favorite thing to do together, I do not do much of either.
In my research I have found that they consider this kind of laryngeal nerve damage colatteral damage in surgery, with general anesthesia. I went in for an IV sedated MRI. Nothing was ever discussed about any other kind of sedation,
Where do I find the resources to understand how to serve a subpeona. I have asked the court clerk and administration. They will tell me nothing, they seay that would be giving legal advice.
I would like to find one person, who I am told does not work at the facility anymore. Are there research services, independent paralegals or such services one can employ?
Being the plaintiff, I guess that means I go first. I have been gleaning what I can learn from the actions of the defense.
Among my many questions here is one I would really lilke to understand how to do. I went in for this test 6 weeks earlier. I was not feeling well that day and went home withouthaving the test. I was advised to resehedule and did. The doctor says some things happened, that I do not believe to be true on that first day, I went for the test.
Since I am not claiming anything happened that day, how can I keep the focus on the day the damages happened and only that day?
I have to run to an appointment, but will be back later, can you hit me a REPLY if that is OK?
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