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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19497
Experience:  Lawyer
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I want to take Central Regional Hospital (Butner, NC) and some

Customer Question

I want to take Central Regional Hospital (Butner, NC) and some of its doctor's to court (lawsuit). I received treatment, but it was poor and inappropriate for me. My ward was "toxic", and they made me worse than better.
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear about your situation.

Did you have a specific question about what happened or about how the process works? We're unfortuantely not able to file a case for you or refer you to a specific attorney.
Customer: replied 11 months ago.

What are the precedents? I was given forced meds and the hospital de-stabilized me. I am just now getting better.

Expert:  Lucy, Esq. replied 11 months ago.
What a person has to show in a medical malpractice case is what the standard practice is in the same community or geographic area, then show that your doctor did something different. If they made a problem worse, not better, that's a good start. It is also necessary to show what the doctor should have done, or what other doctors would do to improve that situation. Usually, the way to do that is to get expert medical testimony. Most personal injury lawyers can help you find a doctor who will examine you and give a professional opinion as to what your doctor did that violated the standard of care.

Damages in a medical malpractice case are typically based on the cost of correcting the problem. So, if you have additional bills that you shouldn't have been charged, that is the starting point. You would then be able to get a pain and suffering award based on how bad the mistake was and how severe the injury they caused was.

Because these cases are complicated and highly technical, it is usually better to have a lawyer assist. Most lawyers take these cases with the agreement (in writing) that the client only pays after the case is won. That way, you can pay with the money you get from the doctor or the hospital. The best thing to do at the beginning of the case is to take any medical records and bills that you have and sit down with a local attorney who can evaluate the case for you. If you don't have all the records, that's OK, because you can sign a release that will allow your lawyer to request them. A good place to find someone in your area is http://www.martindale.com.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 11 months ago.

The bills are paid because I have Medicare and NC-Medicaid. I have only a small bill from Central Regional Hospital from a previous stay.


 


The pain and suffering were time lost from being kept so long and the trauma of that damn pysch ward: the violence of doors slamming, social dynamics with racism and people who get bothering me, the food was questionable and looked like it wasn't made with care, the unseen power struggle with staff, and the hopelessness of not being released. The first time I was there, i was kept for 3-consecutive committments - 300 days. Not knowing when you will leave alone is great suffering.


 


It was too much, but i do not seem to have much traction with the law. I don't want compensation to go and see a psychologist. I want a pain and suffering award for peace of mind.


 


So...i should talk to a personal injury attorney about my case - even though my physical body is well, but my mind is not the same? It's shameful to mention a mind that is not well, but being the person I am, i still remember the loogies, and piss on the floor, and feces in the quiet room.

Expert:  Lucy, Esq. replied 11 months ago.
That sounds awful. I'm so sorry to hear that this happened.

The way the law works, if you get a personal injury settlement, you have to repay Medicare for the money they spent. So it's important to factor in the amount of the bills when deciding how much to ask for, even if you didn't pay them yourself. It's called subrogation. Otherwise, you could find yourself in a position where Medicare ends up taking your money after the case is resolved.

It's unfortunate that our society makes it seem so shameful to have an injury to the heart or the brain. People who would not hesitate to see a doctor for a broken leg do not think it's OK to go for these mental and emotional injuries. These are real injuries and you have a right to be healed. If that means seeing a doctor, that's part of the damages award you can seek. If you don't go to see a doctor, the other side will try to say that your suffering wasn't that bad, so making an initial appointment can actually help your case. But find a local lawyer who can help you find a doctor that will testify on your behalf.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19497
Experience: Lawyer
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