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MEMBER BUT I TIP WELL - IT LOOKS BUT IT'S A FAST READ I

I AM A MEMBER BUT I TIP WELL - IT LOOKS LONG BUT IT'S A FAST READI WOULD PREFER A MEDICAL MALPRACTICE LAWYEREVERYTHING WRITTEN IS LEGALLY VERIFIABLE>1- I was CORRECTLY diagnosed with Cervical Spondylosis with Myelopathy-Primary.>2- Dr. states in his notes- nerve pain mostly in Right Pinkly and numbness in both outer palms. Dr recommends surgery ASAP to prevent any further spreading of the pain location. I schedule a surgery date>3- Dr explained AS A DISCLAIMER Possible Future Progression of Spinal Problems. I agree>4- As a direct and proximate result that Dr. failed to fax in surgery authorization request to insurance by their compliance deadline date, Dr. failed to receive back authorization by scheduled surgery date>5-Dr 100% responsible for FAILURE in NOT performing my scheduled surgery>6- Dr. breached contract, and became 100% directly responsible for the Foreseeable Avoidable And Harmful injury to me>Medical Malpractice - Delay in Surgery>7-Dr. received back surgery authorization next day - in effect for 6 weeks>8-Dr. assistant rescheduled surgery for next available date, one month later on June 7.>9-I called into Dr. 3 days later saying, “very confused and upset. He states his pain is every day getting worse and he would like a call back to discuss and get help.>10-RN calls back in her notes state, “I want an earlier surgery date I will be advise if earlier date is available”>11-Dr made NO attempt to call me, ZERO effect to contact me, I was Never told Dr received surgery authorization>11-As a direct and proximate result of ONE MONTH DELAY in surgery , the permanent nerve pain location also spread to now include top of both hands and horrific jump in pain level in all the locations>one month later, Doctor performs successful surgery to prevent any further nerve damage. I am on very strong painkillers and pretty much sleep for the next 2 to 3 weeks>12- I have primary doctor medical records and my stated affidavits of my office visits with my neurosurgeon stating the increase in pain location and horrific jump in the pain intensity during the one month delay in surgery>13-As a direct and proximate result of the permanent nerve pain location's spreading and horrific jump in pain level, I was referred to a chronic pain clinic and prescribed a very strong drug regiment>14-As a direct and proximate result from the strong drug regiment, I experiences MANY combined and compounded medication side effects. Which have IMPACTED MY LIFE IN A NEGATIVE WAY>15- Therefore, My Dr Knowingly, Voluntarily, Consciously, Deceitfully and with or without intent to harm me, WITHHELD Important Knowledge from me and that if the important knowledge had been shared with me, I Might Have Had A Much Greater Chance to have had prevented the Cervical Spondylosis with Myelopathy-Primary to cause further permanent nerve damage resulting to me.>15-Dr's medical negligence Breached Many Applicable Standards Of Practice Or Care, resulting in the direct and proximate cause for my increase in permanent physical pain and suffering and mental anguish.>16- DR'S MEDICAL NEGLIGENCE BECAME MEDICAL MALPRACTICE.>QUESTION-1 IS THIS A TRUE STATEMENT? When Doctor breached his contract, did his disclaimer become Nulled and Void and that Dr was now responsible for the foreseeable, UN-AVOIDABLE harmful injury done to me during those 30 days in delay of surgery?>QUESTION 2 - IS THIS MY SITUATION BECAUSE OF MY PRE-EXISTING CONDITION? Michigan law allows for Aggravation of Preexisting Conditions Where a person has a pre-existing condition aggravated by allegedly negligent conduct, the trier of fact must separate the pre-existing condition from any aggravation caused by the Defendant . If this cannot be done, the trier of fact is to award full damages for the condition.>18- in the state of Michigan they have what's called, Lost Opportunity to Achieve a Better Result. Michigan recognizes a right to recover damages providing that a plaintiff show that the difference in the loss of an opportunity to achieve a better result caused by the alleged negligence exceeded 50 percent.>19- A case is not a “loss of an opportunity” If it's a traditional medical malpractice claim case where direct harm has been caused by the breach of the standard of care, I will be left with the Traditional Burden Of Proof>QUESTION 3 -I understand that there will be a need for an expert witness but do you believe this is the proper strategy to follow? If no please explain why with alternative ideas

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JD 1992

Juris Doctor

38,008 satisfied customers
My question is regarding care my mother received in a

My question is regarding care my mother received in a physical rehab. She arrived there after a month in a hospital for a GI bleed. She recovered well from that and was able to walk and get up with minimal assistance. After a couple of weeks at the rehab facility she developed a UTI and a pneumonia. Mom started having some visual hallucinations, which she realized she was having. All of mom's care givers acknowledged this was most likely the result of the Uti because "everyone acts like this with a Uti". They collected urine from a non sterile container for a culture- that makes it impossible to get an accurate culture. I asked the nurse when I found out that was how they collected it, about getting a sterile specimen since they had put in a catheter by then. She thought that was "probably a good idea". Quite a while later a nurse came in to do just that, but it was clear she really didn't know how to collect urine from a catheter. I had to tell her how, ( I'm an RN for 38 years). However even after all this, there was no treatment started. I asked the nurse on duty if the dr had prescribed an antibiotic or does he or she even know. He said they knew, yet nothing was started. I asked the next day, still nothing. On Monday, still nothing. So when the NP came around she said she was not aware either. Mom lost valuable Medicare days but more importantly she lost strength and momentum. Prior to the hospitalization, mom went to a senior aerobics class 3 days a week and drove herself to the grocery store, very active. She now is trying to regain strength. Should I pursue this?

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Maverick

Doctoral Degree

8,340 satisfied customers
In April 2014 I fell at a well know restaurant. Since then

In April 2014 I fell at a well know restaurant. Since then they have taken the responsibility and as of today waiting on BCBS to give me final numbers as to what they require back from the establishment. BCBS is my insurance provide and has paid all claims to date regarding this fall.Ankle and a wrist. Both are better, but know they will not be the same going forward. Wrist has had therapy and cortizone shots. May need surgery if this doesn't help the pain and uncomfortableness.Ankle - had to go through therapy for 3 months...continued at home at the request of the Dr. and physical therapy staff. Bump on tendon will most likely stay due to scaring.I spoke to a lawyer at the time and he suggested just going through the restaurant that it would be up to me to prove they were not at fault. Luckily they are up front they now they were at fault.How do I know what is a good settlement for my injuries?

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ScottyMacEsq

Doctoral Degree

24,294 satisfied customers
On Feb 9, 2016 I tripped over a cement stop block at HEB

On Feb 9, 2016 I tripped over a cement stop block at HEB (grocery store) in Alamo, TX I sprained the tendons & muscles in my left foot & dislocated my Left shoulder. Was treated at Knapp Medical Center in Weslaco TX I filed a claim with HEB. They have offered me $1000 settlement or file a claim with CMS which would pay anything Medicare wont cover I am 73 yrs old. The settlement claim has a statement that I am concerned about being "Medicare is not being reimbursed. Nevertheless, I acknowledge that it is possible that this settlement may impact future Medicare benefits and that I have relied solely on my own judgment in accepting this settlement) I don't want to mess up my Medicare benefit What is your feeling on this. Thank you

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ScottyMacEsq

Doctoral Degree

24,294 satisfied customers
I completed a complex lower jaw implant surgery and was

I completed a complex lower jaw implant surgery and was referred to a supposedly excellent prosthetologist for the teeth for the implants and a new upper denture. The latter has knowingly put me through 3 unbelievable agonizing visits in which he torqied and ubtorqued the lower teeth ignoring my complaints of pain and finally acceding ungraciously to my demands for novacaine. Then he failed to inject sufficient novacaine on each visit, so he had to reinhect the novacaine into five or more sites twice more at my insistence. The pain was so great that it did not end with the visit. I finally have all the teeth, but the bite on the upper dentyre needs badjustment or the implants will fail. I cannot bring myself to go back to this man for the adjustments, even though all the work has been paid for. I have an extremely high pain tolerance, but i lie awake in pain, anger,and fear. Meanwhile all this work has been paid for, but I have to bring myself somehow to trust a new dentist-and I'm not sure I wil ever be able to trust one again--capable of fixing the bite and relining he upper denture with hypoallergenic material; the present one is like wearing acid (as was an earlier reline does by the same office). I have paid this dentist,about $11,000 and three months of being toothless and in pain. Is there anything to be done? I will never again visit a dentist without fear.

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ScottyMacEsq

Doctoral Degree

24,294 satisfied customers
My granddaughter was walking her dog on a leach when it

My granddaughter was walking her dog on a leach when it sniffed near a fence and was killed by an illegally set trap. She had to sit and watch her Lad that she raised from a pup. Can she sue for the anguish she had to go through.

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Legal-Kal

Attorney

J.D.

1,182 satisfied customers
I was billed over 21k by a hospital, stating they were out

I was billed over 21k by a hospital, stating they were out of network. I was in pain and on meds when my surgery was scheduled. I was told by Urologist employee to get labs done down the hall (at the hospital), and bring them my surgery packet. I did that and gave them my insurance info. 4 months later they bill me 21k. Should I sue them for mental anguish? I have depression and anxiety disorder.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

117,914 satisfied customers
I was assaulted 2 weeks ago in Oregon. I was t in the back

I was assaulted 2 weeks ago in Oregon. I was hit in the back of the head with a dinner plate and knocked unconscious. Police, ambulance and the Emergency Room. 6 staples in the back of my head. The lawyer from the accused has already contacted me twice and asked to settle the civil suit for $7500 leaving the criminal case up to the courts. Two questions: do I have to hire a lawyer in Oregon or can it be a lawyer from Colorado where I live? Secondly, this seems like a low offer given the fact that I am scarred for life on the back of my head. Advice?

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ScottyMacEsq

Doctoral Degree

24,294 satisfied customers
My wife is being sued over a wreck she was in. At the seen

My wife is being sued over a wreck she was in. At the seen she was cited for not yielding the right of way. Then challenged it in court. The officer that issued the ticket didn't show up to the court proceedings, twice, and the ticket was dropped. Nowmy wife got served with papers saying she's being sued for no less than a 100,000, no more than a million, for mental anguish, pain and suffering. My wife has a small photography business and after hearing her side of the story, there is no way she was atfault. What should I advise her to do?

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Ely

Counselor at Law

Juris Doctor

69,502 satisfied customers
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