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How do I find out? Med Malpractice.

Posted by Kathryn R. on 3/12/02 at 13:58 (076271)

Hi its Kathryn, how do you find out proof of neglience. No attorney will touch my case because I can't prove that the ortho doc screwed up. I have a bone scan next week and that might determine the fate of my foot and leg. I have no feeling in the bottom of my foot nor a pulse. I barely have a pulse on top of my foot. The orthopedic surgeon I saw yesterday spent an hour with me trying to figure out why other doctors didn't try to help me. Lawyers say I need proof 1st doctor is at fault, but how do I find this out?

If I can prove he did something wrong then maybe the attorneys will help. My time for a malpractice suit is just about out. I can't obtain all my records, x-rays, MRIs as quick as I need too.

I hope the medical profession doesn't get away with another medical malpractice suit from my family, they already got away with one, but mom wasn't so fortunate. She passed away June 3, 1999.

I don't know what to do.

Kathryn R.

Re: How do I find out? Med Malpractice.

Donna SL on 3/12/02 at 14:20 (076275)

Kathryn,

Find out if you can at least register a complaint with some attorney even if they aren't going to take the case. This will at least get you established within the statue of limitations, even if you switch to another attorney later. This will buy you some time to gather information for your case. That was recommended to me for something unrelated to feet years ago. If not ask them for the paperwork to do it yourself. The state bar association should be able to help you too. What state are you in?

Donna

Re: How do I find out? Med Malpractice.Donna

Kathryn R. on 3/12/02 at 18:33 (076292)

Donna thank you for your advice. I live in Pennsylvania.

Re: How do I find out? Med Malpractice.

DR Zuckerman on 3/12/02 at 20:08 (076296)

Your lawyer has a duty to investigate your claim. If you don't have medical records and can't get them then your lawyer has a duty to go to court get a court order for your medical records . Your attorney has a duty to protect your right to sue and determine if in fact there was malpractice.

If your attorney doesn't do this write to your attorny and explain your inability to get records etc. Certify the letter. If your attorney still fails to respond then it is your attorney that is committing malpractice. !!

Re: How do I find out? Med Malpractice.Kathryn

Donna SL on 3/13/02 at 01:43 (076314)

Hi Kathryn,

I'm orginally from Philadelphia, but have been living in CA for around 12 years. Some of my familiy, and friends are still in PA, so if I hear of a good attorney I'll let you know. It's much easier to sue a doctor in PA, then it is in CA for medical malpractice.

I hope your foot will be ok, and you are able to find someone to help you with this case.

Donna

Re: How do I find out? Med Malpractice.

Kathryn R. on 3/13/02 at 07:16 (076319)

DR Zuckerman: I'm getting help from people I don't even know and I am grateful. I am not giving up, we are not quitters. Malpractice for attorneys what a novel idea.

Kathryn

Re: How do I find out? Med Malpractice.DR

Kathryn R. on 3/13/02 at 07:18 (076320)

I have a message for you. Check board. Kathryn

Re: How do I find out? Med Malpractic To Donna

Kathryn R. on 3/13/02 at 07:22 (076321)

Thanks again. We're not giving up the fight. I'm checking things out today again.

Kathryn

Re: Kathryn

Carmen H on 3/13/02 at 07:32 (076324)

One thing to do (if you aren't already doing it) and I recommend this to everyone for any type of situation that may be medical or health related. Keep a journal and track every single phone call you make, every turn down you get for a request to your medical records, keep names of every person you talk to and DATE every document.
If you keep track of the facts you are more likely to get further and the attorney that takes your case will be thankful you have kept such good records. Also if you have faxed or written a request for your records make sure there is a date on them fir when they were requested and make sure you RE request these things so you can show how many times you attempted to get copies of your own records. These ARE your records, your health, YOUR life. It's your right to a copy of them.
Believe me this could save you...$$, time, more frustration etc.
GOOD luck and keep us posted!

Re: Re:Carman

Kathryn R. on 3/13/02 at 11:59 (076352)

I have a call in to an attorney now. He is to call back. I got the records on Fri. Mar. 8, I had to go through my PCP to acquire them. Our PCP in good in helping us with things, just too bad he is not an orthopedic surgeon. Kathryn

Re: How do I find out? Med Malpractice.

Ed Davis, DPM on 3/13/02 at 20:09 (076380)

It is not up to you to 'prove' that an individual was at fault. An attorney will have your records reviewed by a medical expert to see if your treatment was within the standard of care or not. There is some cost to the attroney for doing so and, as such, you need to provide him or her with a reasonably convincing account of the relevant events. The attorney you choose should have some expertise in the area of medical professional liability.
Ed

Re: How do I find out? Med Malpractic To Donna

Dave F on 3/14/02 at 09:24 (076415)

How long is the Statue of limitations for medical malpractice?

Re: Thanks to all

Kathryn R. on 3/14/02 at 10:17 (076422)

I want to thank everyone who has helped me. There isn't an attorney around here that will even consider my case or even file a complaint for me. I got the original x-rays today and the lawyers don't care. I see my 7th doctor next Fri. and that may be the end of the line. 'We need proof' is all the lawyers will say.

One doctor aquaintance told me yesterday to take half an aspirin and Vitamin B Complex, that may help some. The TV attorneys talk a good talk but when it comes to helping someone who has a case such as mine 'We can't help you'.

Kathryn R
Again thank you.

Re: Thanks to all

Marci on 3/15/02 at 19:16 (076548)

Kathryn you can actually start the complaint yourself and file a case. If timing is the issue you need to do this as soon as you can. Perhaps there is someone that could help you get the ball rolling. I did this to prevent the statue of limitations from running out but in the end had to withdraw the case because I could not find an attourney to take it. I don't know if you have been told this but I was told Med Mal cases are the hardest to prove. One of the other things I was told to do was go back to the hospital where I was treated and hold them accountable too.
After all they were letting this man practice medicine in their facility, so they too should be held accountable. Ask them if the doctor was disciplined for the botched surgery?? All I ever got out of my case was a complete set of my medical records at the expense of the bad Doctors attourney. They came in by the boxful and most were related to my case (nothing to do with my foot). There was a small amount of satisfaction in knowing that must have cost this doctor a fair amount of money. What upset me was that he had several mishaps after my experience and I was infuriated that he could continue doing this to women. It took several more mistakes by him and he was eventually escorted off the hospital premises by the police. He no longer practices here, but who is to say that he isn't off somewhere else still doing the same thing. Anyway, sorry to go on for so long. You need to find out if you can start the claim, if so get it started to meet the statue of limitations. Also, see if there is anyone else that might join your claim, do you know anyone else that had problems from the same doctor? If you file a claim make sure you find out if there is a claim you have to make with the state and get that filed on time too. Sorry to go on so long but if you really feel you have a case do the best you can to protect it and get it established.

Re: How do I find out? Med Malpractice.

Donna SL on 3/12/02 at 14:20 (076275)

Kathryn,

Find out if you can at least register a complaint with some attorney even if they aren't going to take the case. This will at least get you established within the statue of limitations, even if you switch to another attorney later. This will buy you some time to gather information for your case. That was recommended to me for something unrelated to feet years ago. If not ask them for the paperwork to do it yourself. The state bar association should be able to help you too. What state are you in?

Donna

Re: How do I find out? Med Malpractice.Donna

Kathryn R. on 3/12/02 at 18:33 (076292)

Donna thank you for your advice. I live in Pennsylvania.

Re: How do I find out? Med Malpractice.

DR Zuckerman on 3/12/02 at 20:08 (076296)

Your lawyer has a duty to investigate your claim. If you don't have medical records and can't get them then your lawyer has a duty to go to court get a court order for your medical records . Your attorney has a duty to protect your right to sue and determine if in fact there was malpractice.

If your attorney doesn't do this write to your attorny and explain your inability to get records etc. Certify the letter. If your attorney still fails to respond then it is your attorney that is committing malpractice. !!

Re: How do I find out? Med Malpractice.Kathryn

Donna SL on 3/13/02 at 01:43 (076314)

Hi Kathryn,

I'm orginally from Philadelphia, but have been living in CA for around 12 years. Some of my familiy, and friends are still in PA, so if I hear of a good attorney I'll let you know. It's much easier to sue a doctor in PA, then it is in CA for medical malpractice.

I hope your foot will be ok, and you are able to find someone to help you with this case.

Donna

Re: How do I find out? Med Malpractice.

Kathryn R. on 3/13/02 at 07:16 (076319)

DR Zuckerman: I'm getting help from people I don't even know and I am grateful. I am not giving up, we are not quitters. Malpractice for attorneys what a novel idea.

Kathryn

Re: How do I find out? Med Malpractice.DR

Kathryn R. on 3/13/02 at 07:18 (076320)

I have a message for you. Check board. Kathryn

Re: How do I find out? Med Malpractic To Donna

Kathryn R. on 3/13/02 at 07:22 (076321)

Thanks again. We're not giving up the fight. I'm checking things out today again.

Kathryn

Re: Kathryn

Carmen H on 3/13/02 at 07:32 (076324)

One thing to do (if you aren't already doing it) and I recommend this to everyone for any type of situation that may be medical or health related. Keep a journal and track every single phone call you make, every turn down you get for a request to your medical records, keep names of every person you talk to and DATE every document.
If you keep track of the facts you are more likely to get further and the attorney that takes your case will be thankful you have kept such good records. Also if you have faxed or written a request for your records make sure there is a date on them fir when they were requested and make sure you RE request these things so you can show how many times you attempted to get copies of your own records. These ARE your records, your health, YOUR life. It's your right to a copy of them.
Believe me this could save you...$$, time, more frustration etc.
GOOD luck and keep us posted!

Re: Re:Carman

Kathryn R. on 3/13/02 at 11:59 (076352)

I have a call in to an attorney now. He is to call back. I got the records on Fri. Mar. 8, I had to go through my PCP to acquire them. Our PCP in good in helping us with things, just too bad he is not an orthopedic surgeon. Kathryn

Re: How do I find out? Med Malpractice.

Ed Davis, DPM on 3/13/02 at 20:09 (076380)

It is not up to you to 'prove' that an individual was at fault. An attorney will have your records reviewed by a medical expert to see if your treatment was within the standard of care or not. There is some cost to the attroney for doing so and, as such, you need to provide him or her with a reasonably convincing account of the relevant events. The attorney you choose should have some expertise in the area of medical professional liability.
Ed

Re: How do I find out? Med Malpractic To Donna

Dave F on 3/14/02 at 09:24 (076415)

How long is the Statue of limitations for medical malpractice?

Re: Thanks to all

Kathryn R. on 3/14/02 at 10:17 (076422)

I want to thank everyone who has helped me. There isn't an attorney around here that will even consider my case or even file a complaint for me. I got the original x-rays today and the lawyers don't care. I see my 7th doctor next Fri. and that may be the end of the line. 'We need proof' is all the lawyers will say.

One doctor aquaintance told me yesterday to take half an aspirin and Vitamin B Complex, that may help some. The TV attorneys talk a good talk but when it comes to helping someone who has a case such as mine 'We can't help you'.

Kathryn R
Again thank you.

Re: Thanks to all

Marci on 3/15/02 at 19:16 (076548)

Kathryn you can actually start the complaint yourself and file a case. If timing is the issue you need to do this as soon as you can. Perhaps there is someone that could help you get the ball rolling. I did this to prevent the statue of limitations from running out but in the end had to withdraw the case because I could not find an attourney to take it. I don't know if you have been told this but I was told Med Mal cases are the hardest to prove. One of the other things I was told to do was go back to the hospital where I was treated and hold them accountable too.
After all they were letting this man practice medicine in their facility, so they too should be held accountable. Ask them if the doctor was disciplined for the botched surgery?? All I ever got out of my case was a complete set of my medical records at the expense of the bad Doctors attourney. They came in by the boxful and most were related to my case (nothing to do with my foot). There was a small amount of satisfaction in knowing that must have cost this doctor a fair amount of money. What upset me was that he had several mishaps after my experience and I was infuriated that he could continue doing this to women. It took several more mistakes by him and he was eventually escorted off the hospital premises by the police. He no longer practices here, but who is to say that he isn't off somewhere else still doing the same thing. Anyway, sorry to go on for so long. You need to find out if you can start the claim, if so get it started to meet the statue of limitations. Also, see if there is anyone else that might join your claim, do you know anyone else that had problems from the same doctor? If you file a claim make sure you find out if there is a claim you have to make with the state and get that filed on time too. Sorry to go on so long but if you really feel you have a case do the best you can to protect it and get it established.