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Ely
Ely, Counselor at Law
Category: Personal Injury Law
Satisfied Customers: 87635
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Wanting to know my options for bringing a possible law suit,

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Wanting to know my options for bringing a possible law suit, against an anesthesiologist/hospital. I am a healthy 41 year old who went in for a hysterectomy on July 1st,2013. I had told the anesthesiologist prior to surgery, I was told I am a difficult intubation. When I was taken back for surgery, it took 3 different anesthesiologist to try to intubate me. 1 and a half hours later, they finally succeeded . No notice to my family who had been in the waiting room. The GYN DR. even asked if they should just reschedule the surgery. The anesthesiologist spoke up and said..."hell no, she has to have this done at some point, right. " Here I am now, 5 weeks post surgery. I have no voice, only a whisper. I've made 2 trips to see an ENT who said I have swelling, bruising and scabs on my vocal cords. He said it may take 5 months to heal, and if I do not heal, I would have to go in for surgery to remove the scar tissue, granuloma nodule that has formed, because of the trauma. Spoke on line here at JUST ANSWER to ask a DR about my situation. He stated even a difficult intubation should never take that long. He also thought I needed to have a meeting with the Anesthesia Dr.'s and the Director of the hospital. I just don't know if we should do that with out legal representation. This has really taken a toll on me. There is absolutely no way for me to communicate except for a whisper. I can not use the phone, my children have to help interpret anything I am trying to say to other people. Just think it was negligent on his part to try for so long to intubate. Even the ENT said, with the advanced technology , this should never have happened. My husband and I spoke to two "big" law firms, but they are not interested in small change rewards. One even stated, unless we got 100K in damages, he couldn't do much for us, because of his fees.
Submitted: 1 year ago.
Category: Personal Injury Law
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 sorry to hear about your situation. What do you mean by wanting to know "options," exactly? As in, how this works, what are the chances, etc? Just making sure that I am on the same page as you and am understanding your question correctly.

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, you are correct. I don't know if we have any basis to forward with bringing any legal action.

Expert:  Ely replied 1 year ago.
Thank you, friend.

Well, first let us discuss exactly what medical malpractice is, and how it is defined in Indiana.

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.

In a medical malpractice case those elements are: (1) that the physician owed a duty to the plaintiff; (2) that the physician breached that duty; and (3) that the breach proximately caused the plaintiff's injuries. Watson v. Medical Emergency Services (1989), Ind. App., 532 N.E.2d 1191, 1193, reh'g denied, trans. denied.

Normally, the attorney files a demand letter before going to Court, and the medical entity's insurance company usually settles to avoid litigation if there is at least a chance that the case would win, because litigation itself is expensive.

However, if you contact "big" firms, they will only be interested in "big" numbers. You may wish to contact solo and small/medium sized-firms that are interested more in representation than simply a payout. May I recommend the Indiana 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.

From what you have told me, you indeed may have a case, but it may take some searching to find an attorney that you can trust and is willing to take the case.

I hope this helps and clarifies. Good 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.)
Customer: replied 1 year ago.


Yes, I will definitely check the site out. Also, would it be usless to go in to talk to the hospital admin, w/o legal representation? My husband says they would basically shew us out w/o any type of compensation.

Expert:  Ely replied 1 year ago.
Also, would it be usless to go in to talk to the hospital admin, w/o legal representation?

Pretty much, I am afraid. An attorney usually cuts through this malarkey since they know counsel can file suit if needed (whereas here, they do not see you as much of a threat without an attorney since you filing or winning a suit without counsel is unlikely).

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.


ok. That is what I needed to know. I appreciate all your help and will give you a great rating. Thanks for your time.

Expert:  Ely replied 1 year ago.
You are very welcome!
Ely, Counselor at Law
Satisfied Customers: 87635
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 7 other Personal Injury Law Specialists are ready to help you

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