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View Full Version : lawsuit or no (long)



Osce0la
1/11/2007, 12:38 PM
I am asking this because we have been told by several people that we should file a lawsuit, but I don't know that it'd be worth the trouble (or money) to file a suit that would likely do us no good and that I am not even certain we could win...

Here's the deal.

My wife went in several months ago to see a doctor about some pain she was having. Turns out the pain was some sort of infection - in which they had to cut a hole in her and drain it. They then had to pack some sort of stuff into it so it could continue to drain as it heals. Apparently the first time she went they put too much of the stuff in there so it wasn't healing properly, and at the second visit they had to pull the remaining packing stuff out and re-pack it. They said they would send the stuff off to the lab and let us know what kind of infection it was. As I said, this was several (more than 6) months ago, and still no word on what it was. We saw an article about a few women that were suing American Family Care because of a situation just like this where the doctors gave this woman nothing to numb the area or ease the pain (just like they did to my wife) and then they did the same thing to this woman that they did to my wife - put too much of that packing stuff in her, causing her to not heal properly.

Well, we go back to this office not long after all of that because my wife's ribs are hurting her. They tell her it is pleurisy and give her some medications and send her on her way. Turns out the meds they gave her weren't anything that they should have given her for this - however, we didn't know that until a few weeks ago when she had to go back to the doctor because the same thing was happening (pain in her ribs)...This time the doctor tells her it doesn't sound like pleurisy to him, they took blood, got a urine sample, took xrays of her chest and all that stuff...He then comes back and says "I guess it could be pleurisy" - WHAT?!?! You just said it WASN'T pleurisy...He then tells her it could possibly be something with her liver because of where the pain was coming from. He gave her a prescription and told her if she starts running a fever and/or vomiting to go to the emergency room...Well, the next morning she wakes up, runs to the bathroom and throws up. She decided she would go to a different doctor that morning before actually going to the emergency room. She gets an appointment with her mom's doctor and goes in to see him...It took this guy less than 2 minutes to get the diagnosis - you guessed it - pleurisy. This doctor has no idea why they ever needed a urine sample at American Family Care, and looked at her completely shocked when she tells him they thought it could be something with her liver. They bruised her arms so badly when they took blood at American Family care that it took 2 weeks for the bruises to even become faint. Then it turns out that the reason for her vomiting was the prescription she had gotten from American Family Care - prescription would have done absolutely NOTHING for her other than make her completely miserable.

Now, my thing is, if this second guy (her mom's doctor) could tell in an instant what the problem was, why couldn't the first doctor tell after spending 45 minutes with her - the original doctor was pretty much just taking a wild guess. Knowing that there are other people out there that are suing this company for problems they have had that were very similar to hers kinda makes me lean towards going for it. It just seems to me that these people aren't being trained properly and generally just don't know what they are doing. So my question to you, does this seem like something that would be worth the risk of filing a lawsuit?

Tear Down This Wall
1/11/2007, 12:45 PM
Yes, sue them. They are insured, so they'll settle.

Fugue
1/11/2007, 12:47 PM
Is she ok now? Is there permanant damage? I'm trying to figure out where any significant damages are going to come from.

Widescreen
1/11/2007, 12:56 PM
What kind of award does a jury give for "hassle"? ;)

Sorry that happened to her - health issues are teh succ. But unless I was out some serious bucks I don't think I'd sue.

TexasSooner01
1/11/2007, 12:56 PM
I would obtain her medical records and take them to a Medical Malpractice Attorney to review. A good attorney will not charge you to review the records and if there is a possible suit involved, A good attorney will file a suit.

Medical Malpractice suits can be very tricky....

TheHumanAlphabet
1/11/2007, 12:57 PM
Uhhh, I wouldn't go back there ever again. Then I would talk to a lawyer...

Frozen Sooner
1/11/2007, 12:59 PM
Looks like a suit to me, keeping in mind that doctors (for all that they act like they aren't) are human as well and some doctors could very well be giving your the best care they can and still fail.

Doesn't sound like your wife's case was handled to the standard of care, though.

Condescending Sooner
1/11/2007, 01:48 PM
Will winning a lawsuit help her condition? I would ask them cover any charges she incurred, but unless there is permanent damage, I don't see why a lawsuit is necessary.

Osce0la
1/11/2007, 02:03 PM
That is my thing, there is no permanent damage, and my main thing is I think they should be held accountable when dealing with things like this. Twice she has been given a prescription from these people that would have done nothing to help her condition, one of said prescriptions made her physically ill. 3 times they have told her they would send her stuff to the lab and let us know what they found out and all 3 times we have yet to hear anything. If something had happened once, I would say mistakes happen. But 3 seperate things, on 3 seperate occasions makes you wonder what in the hell they are doing with a medical license to begin with. She is on the lawsuit bandwagon, I am more on the staying away from that side. My mom is friends with an attorney, if it comes down to it I can get her records from these people and take them to her office to have her review them, and then I can get her opinion as to where to go from there...

Like I said, I am not really in support of filing a lawsuit, but I would like from these people to do something to ensure others can be treated in a better fashion than my wife was. Since all of this has happened I have heard many bad stories from people about their visits to these offices...

Osce0la
1/11/2007, 02:05 PM
To be honest, I'd be happy just to get $150 from them to cover all of the co-pays and prescriptions we wasted our money on.

DustySooner
1/11/2007, 02:10 PM
Will winning a lawsuit help her condition? I would ask them cover any charges she incurred, but unless there is permanent damage, I don't see why a lawsuit is necessary.

I agree here. If they refuse to cover the charges, then maybe threaten with a lawsuit. Taking it to court is only going to cost money and give you a huge headache that could last for years. I would avoid it if possible.

OK2LA
1/11/2007, 02:14 PM
I am asking this because we have been told by several people that we should file a lawsuit, but I don't know that it'd be worth the trouble (or money) to file a suit that would likely do us no good and that I am not even certain we could win...



If these jagoffs can win - so can you:

In 1994, a New Mexico jury awarded $2.9 million in damages to 81-year-old Stella Liebeck, who suffered third-degree burns by spilling a cup of McDonald's coffee on herself, inspiring the annual "Stella" award for the most frivolous lawsuit. Here are a few recent candidates:

Kathleen Robertson of Austin, TX, was awarded $780,000 after breaking her ankle tripping over a toddler who was running amuck inside a furniture store. It was her own son.

Carl Truman, 19, of Los Angeles won $74,000 and medical expenses when his neighbor ran over his hand with a Honda Accord while he was stealing the hubcaps.

Terrence Dickson was escaping through the garage of a Bristol, PA, house he had just robbed while the family was on vacation, but was trapped due to a malfunctioning automatic garage door opener. He survived for over a week on a case of Pepsi and a large bag of dry dog food and then sued the homeowner for "undue mental anguish." The jury doled out half a million dollars.

Jerry Williams of Little Rock, AR, was awarded $14,500 and medical expenses after being bitten on the buttocks by his next-door neighbor's beagle. It was less than sought since the jury felt the pet may have been provoked when Williams shot at the chained animal with a pellet gun in the owner's fenced-in yard.

Kara Walton of Claymont, DE, was awarded $12,000 and dental expenses from the owner of a nightclub when she fell from the bathroom window and knocked out her two front teeth trying to avoid the $3.50 cover charge.


Source: http://www.goofball.com/news/20020851001

Osce0la
1/11/2007, 02:19 PM
So basically we should go back to the same doctor's office, do something stupid (maybe badly cut a hand or something trying to break into the in house pharmacy), and THEN sue the pants off of them?

Osce0la
1/11/2007, 02:20 PM
Or better yet, we could injur ourselves trying to get to the cash registers to get the money for our co-pays back - that way we at least had "good reason" to be doing something stupid...

DustySooner
1/11/2007, 02:22 PM
If these jagoffs can win - so can you:

In 1994, a New Mexico jury awarded $2.9 million in damages to 81-year-old Stella Liebeck, who suffered third-degree burns by spilling a cup of McDonald's coffee on herself, inspiring the annual "Stella" award for the most frivolous lawsuit. Here are a few recent candidates:



Hah! I was so fixin to mention this case! You beat me to it. :D

Widescreen
1/11/2007, 02:25 PM
That is my thing, there is no permanent damage, and my main thing is I think they should be held accountable when dealing with things like this.
Didn't you say they were already being sued by some people? Seems like if that doesn't send the message, you adding your voice won't make much difference. So to me, it comes down to any financial burden that the clinic caused that you can't cover.

DustySooner
1/11/2007, 02:26 PM
Or better yet, we could injur ourselves trying to get to the cash registers to get the money for our co-pays back - that way we at least had "good reason" to be doing something stupid...

No no just spill hot coffee on yourself then sue the doc's office for not having a sign on the building that clearly states "Warning: If you spill hot coffee on yourself you will be burned."