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socrateaser
socrateaser, Attorney
Category: Personal Injury Law
Satisfied Customers: 33803
Experience:  Retired (mostly)
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I Had severe Food poison from a favorite Reasterant, Vomiting

Customer Question

I Had severe Food poison from a favorite Reasterant, Vomiting was so violent couldn't keep all my blood pressure meds down even w/ a tiny sip of water, also caused a violent migraines Blood pressure was so high My risk of stroking out was terribly high, Hospitalized 4 days first time and 2 days to present cant get back to normal,couldn't stop vomiting Blood, and also blood in Diarea , Migrain so bad ( Uncotrolable. can't get owner to call me back hes known me for at least 25 yrs (Good friends) I dont know what to do but I dont want this to happen to someone else What should I do? can I sue ( dont want anything for myself I feel blessed to still be here) addmited 2x very frightening I'm only 55 yrs old survived Lung cancer 3 yrs ago,to me I breezed threw that but seriously thought I was going to dye. My main point if this happens to people on meds this is a disaster! My children and Grandchildren & Husband could have lost me, what way should I Handle this! forever grateful for an answer Joan thomas
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  socrateaser replied 1 year ago.
Hello,

Was your physician in the ER able to connect your illness to the food you ate?

If yes, then did your physician determine that your illness was food poisoning (salmonella, e. coli, etc.)?

Thanks in advance.
Customer: replied 1 year ago.
He said he links it to food, it was the only thing I ate the evening before also went to my reg. pysician she said def, food poisioning & had to add 1 more bp med,its still not back to norm I need to call her tom. to report my jornal 6 times a day I monorite, Its not out of control or I have to go back to hosp, but no health Ins till June 1, 2013.
Customer: replied 1 year ago.
It was chicken stirfry very little sauce ( High in salt) I barly use any and no mushrms, but lots of pineapple.
Expert:  socrateaser replied 1 year ago.
Okay, thanks.

Generally, if the ER physician believes that your illness is related to food prepared at a commercial establishment, then the physician will report the matter to the Public Department of Health. So, if your concern is about this happening to someone else, this is unlikely, given that the Health Department has probably already visited the restaurant.

If you are interested in suing the restaurant for your injuries, pain and suffering, medical bills, lost wages, etc., then you will need a personal injury lawyer.

Many injured persons believe that they can win a personal injury (PI) case against a business without hiring legal representation. However, if the business is insured, then the insurance claims adjuster will, at best, XXXXX XXXXX very low settlement amount. It is overwhelmingly the case that a PI attorney can get you more in settlement from the insurer, even after subtracting the attorney's contingency fees, than you can get yourself. Also, if the insurer knows that there is a lawyer involved, then it will act a lot faster to try to settle the matter. Whereas, if you try to "do-it-yourself," the claims adjuster is likely to stall you indefinitely, in the hopes that you just give up and go away.

For a competent personal injury attorney referral, see this link.

Please let me know if I can be of further assistance.
socrateaser, Attorney
Satisfied Customers: 33803
Experience: Retired (mostly)
socrateaser and 8 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.
So I am responsible for all Medical bills admitted 2x which equals 1 week and all tests first time about 10,000 dollars and don't know about bill for 2nd time yet, we have no Ins. till June first which is partical coverage, threw Mass health and no retro.
Customer: replied 1 year ago.
So I am responsible for all Medical bills admitted 2x which equals 1 week and all tests first time about 10,000 dollars and don't know about bill for 2nd time yet, we have no Ins. till June first which is partical coverage, threw Mass health and no retro. The Hospital gets 5,,, dollars per day just to stay there!
Customer: replied 1 year ago.
So I am responsible for all Medical bills admitted 2x which equals 1 week and all tests first time about 10,000 dollars and don't know about bill for 2nd time yet, we have no Ins. till June first which is partical coverage, threw Mass health and no retro. The Hospital gets 5,ooo dollars per day just to stay there!
Expert:  socrateaser replied 1 year ago.
If you can successfully connect your illness to the restaurant's food, then you may obtain a judgment for reimbursement of your out-of-pocket medical expenses. Regardless, unless and until you recover from the restaurant, you are responsible for your medical expenses (to the extent that MassHealth doesn't cover those expenses).

You can, in the worst-case scenario, file bankruptcy and wipe out any medical bills. This would still permit you to sue the restaurant. However, the bankruptcy trustee would be able to collect any award you receive to pay your unsecured creditors.

So, before you consider bankruptcy as an option, contact at least 3-4 personal injury lawyers and see if anyone is interested in taking your case. That way, you won't need to file bankruptcy.

Hope this helps.

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