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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87473
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I Just got an independent from a doctor an expert on arachnoiditis,

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I Just got an independent from a doctor an expert on arachnoiditis, saying that a myelogram makes the arachnoiditis worse. The risk management person at Florida hospital said she would interview the doctors. The surgeon dated reports ( made a week after I asked for med records) saying he told me of the risks of cerebral spinal fluid, neurological damage yet I have his note for the day I visited, my husband was there and he had a note which he signed with no work excuse just steroidal injections which according to all experts on arachnoiditis make it worse. I passed out three days back to work had a 911 call and Florida hospital released me. Then after that I was trying to get the films from my neurosurgeon, found a pain doctor who asked me how I got the diagnosis and was carrying on business as usual. My friends and husband thought I was acting weird. I only remember signing something for the hospital and being very delusional and my husband took me to Florida hospital. I stayed in the psych unit 2 weeks but I wanted to leave and they made me walk and the medical doctor there said if you say you don't have arachnoiditis you can leave. They even denied me a wheelchair. I want to work part time but Keiser University dropped all my benefits( they put me on FMLA May 5th so I should have AETNA and now Florida hospital is billing me for the incontinence stimulator and co-pays to family doctors to get my meds. I know I can get disability but I need a lawyer. It's only one very arrogant neurosurgeon at a huge hospital. I'm waiting to hear from Jacoby and Myers but my back surgery was in October and if I had arachnoiditis the surgeon didn't listen since he fused my vertebrae in 2010. My myelogram was April 2012. I had a bowel bladder stimulator put in in January so I could work ( since I'm incontinent) and Florida hospital is billing me for it. Had my surgeon told me the risks I wouldn't work. I teach neurology and I have a PhD which is why my husband and I wanted to see the films of my myelogram. My spinal cord was very scarred and he barely mentioned it, sending me for steroidal injections and the pain (injection) doctor wasn't informed that I had arachnoiditis. I have all the records so can you help or find me an attorney who will settle. I owe bills, lost my job and all of us with arachnoiditis are angry. It was on ABC news. At least it's failed back surgery.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Please understand:

1) JustAnswer experts cannot represent customers as clients;

2) Nor can we refer you to specific attorneys because of ethical considerations.

3) However, I can (1) explain what your options are and (2) help you find an attorney using a third-party referral service, and tell you how to "vet" them to make sure that they are right for you.

Will this be acceptable?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Yes. Thanks for understanding. I just got the independent doctor witness report yesterday and it's very comprehensive.

Customer: replied 1 year ago.


Yes but I think it should be worth no more than $45-50 and I should share this because I paid $10000 for my doctor's report. I just don't want to hear file for disability and workman's comp. I have pain and suffering and need a lawyer

Expert:  Ely replied 1 year ago.
Friend,

Thank you; one second please while I am typing out your answer, my apologies for the wait...
Expert:  Ely replied 1 year ago.
Friend,

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

Here, this may very well be negligence.

May I recommend the FL Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

Do speak with a few attorneys and ask:

1) Have you had such cases before?
2) What happened in such cases?
3) What do you believe is my best argument?
4) My weakest argument?
5) What is the next course of action?
6) What documentation do you need?
7) How fast can you move on this case?
8) Can I have the fee agreement in writing? (If they say no, run - I would not trust anyone who would not give you a written fee agreement.)

I hope this helps and clarifies. Best of luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87473
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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