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InkaUtexas

By InkaUtexas
in Can You Help Me With This?

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InkaUtexas

InkaUtexas 26345

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So four months after surgery I found out the doctor left a foreign object in my windpipe. Yeah, I know, bring on the jokes you asses! But I wonder if we have any ambulance chasers on this site who want to go after a doctor and team. Or can any of the surly rich recommend someone. Thanks in advance. 

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Spur08

Spur08 382

Posted
Posted
So four months after surgery I found out the doctor left a foreign object in my windpipe. Yeah, I know, bring on the jokes you asses! But I wonder if we have any ambulance chasers on this site who want to go after a doctor and team. Or can any of the surly rich recommend someone. Thanks in advance. 
Damn. What was the original procedure?
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TwiceHorn

TwiceHorn 31677

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Yeah, I don't know of the centex med mal lawyers.  Bob Lives probably does.  And Thuj.  Hank Scorpio.

Well, the fact that you're typing this seems to indicate that you are mostly ok, just need it removed.

That means your economic damages are small.  So, liability appears to be a slam dunk, but your damages will be capped at around $250k.

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InkaUtexas

InkaUtexas 26345

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Just now, TwiceHorn said:

Yeah, I don't know of the centex med mal lawyers.  Bob Lives probably does.  And Thuj.  Hank Scorpio.

Well, the fact that you're typing this seems to indicate that you are mostly ok, just need it removed.

That means your economic damages are small.  So, liability appears to be a slam dunk, but your damages will be capped at around $250k.

I coughed it up 4 months after surgery. lost a lot of weight and not been well since it happened. 250K is cool.... 

 

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Bevo

Bevo 13633

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Posted
22 hours ago, InkaUtexas said:

So four months after surgery I found out the doctor left a foreign object in my windpipe. Yeah, I know, bring on the jokes you asses! But I wonder if we have any ambulance chasers on this site who want to go after a doctor and team. Or can any of the surly rich recommend someone. Thanks in advance. 

Does the foreign object look like one of these?

zUfPwqx.gif

 

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Serak The Preparer

Serak The Preparer 3436

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12 hours ago, DanRydell said:

I know Laura Sharp in Austin does MedMal. Unfortunately without any economic damages really, it may not be worth a lawyer's time and costs.

Not involved in this case at all, but curious about implication of this. Let's assume that InkaUtexas's case is as about a slam dunk case as it gets. Are you saying that even then, the lawyer fees will be >250K? Is this something that a non--lawyer would be able to go through on their own? I am clearly not Surly 1% and fortunate to have not needed a lawyer, so I am certainly lacking in perspective. But man, what is someone supposed to do in a case like this? 

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Hank Scorpio

Hank Scorpio 17731

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Assuming your insurance paid for everything and you have no lost wages and aren't in need of any future medical treatment, your case is worth nuisance value, I'd say maybe 10-15 grand, which is not going to be enough to get a lawyer to take your case unless they do it as a favor. Welcome to Texas. Sorry dude. 

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TwiceHorn

TwiceHorn 31677

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Posted (edited)
47 minutes ago, Serak The Preparer said:

Not involved in this case at all, but curious about implication of this. Let's assume that InkaUtexas's case is as about a slam dunk case as it gets. Are you saying that even then, the lawyer fees will be >250K? Is this something that a non--lawyer would be able to go through on their own? I am clearly not Surly 1% and fortunate to have not needed a lawyer, so I am certainly lacking in perspective. But man, what is someone supposed to do in a case like this? 

No, lawyers fees would be 33-40% of 250K or whatever the recovery, plus expenses.  To file suit, an expert opinion that the treatment was less than the standard of care is required.  Expert doctors don't come cheap because they are professional pariahs.

So, the net to the client, OP, is probably around half that, and the net to the lawyers makes it not worth spending a lot of time on.  And that's if you can get it up to 250k for pain and suffering, etc. 

There are some lawsuits you can file as a "flyer" to try and raise the settlement value some.  Med-mal cases generally are not those.

And other than writing a gripey letter to the doc and hospital, no it's not something a pro se litigant without a medical degree can handle.

As stated, thanks a lot tort reform.  However, I'm not sure this case would have a lot of value even without it.

Don't confuse liability with damages.  You can have a slam dunk on horrible malfeasance by a doctor or anyone, but if there's no real measurable harm, there's no case.

Edited by TwiceHorn
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DanRydell

DanRydell 799

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1 hour ago, Serak The Preparer said:

Not involved in this case at all, but curious about implication of this. Let's assume that InkaUtexas's case is as about a slam dunk case as it gets. Are you saying that even then, the lawyer fees will be >250K? Is this something that a non--lawyer would be able to go through on their own? I am clearly not Surly 1% and fortunate to have not needed a lawyer, so I am certainly lacking in perspective. But man, what is someone supposed to do in a case like this? 

I meant it may not be worth it to the lawyer due to the time and costs involved. TwiceHorn did a good job of explaining why. 

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Bevo

Bevo 13633

Posted
Posted (edited)
4 hours ago, Serak The Preparer said:

Not involved in this case at all, but curious about implication of this. Let's assume that InkaUtexas's case is as about a slam dunk case as it gets. Are you saying that even then, the lawyer fees will be >250K? Is this something that a non--lawyer would be able to go through on their own? I am clearly not Surly 1% and fortunate to have not needed a lawyer, so I am certainly lacking in perspective. But man, what is someone supposed to do in a case like this? 

No way in hell can someone bring a case on his own. The surgeon has medical malpractice insurance, so he will have an attorney. For medical malpractice there are very specific events that must take place such as an expert review and mediation so it takes someone who knows what he is doing to sue the doctor.

From the other side, it costs the insurance company $50K in legal fees to go to trial. So they would like to avoid trial if at all possible. That is why you see lots of settlements below that amount even though the defense wins a majority of malpractice claims.  Sometimes insurance companies will bring a case it is confident in to trial to make a statement but generally it is too expensive to take all winning cases to trial.

What that means for the OP is that if he has a solid claim, settling in the $100-150K range would probably end up being reasonable. If he tries to go above that amount, the insurance company will probably roll the dice and bring it to trial because it doesn't have much more to lose. And with a crappy claim, settling on some amount below $50K is reasonable. But when this occurs, the attorney will get a lot of that money.

Edited by Bevo
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InkaUtexas

InkaUtexas 26345

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DDS wrote me an email, admitting they use the material and "looked" to see if it was used. It is not a material to be used in surgery. 

Don't care about bringing in a lot of cash. Don't want this ass doing it again and looks like I have an attorney who just likes to fuck up bad docs. 

Shit, will probably blow it on hookers either way. 

 

Thanks to all for your advice. Fuck OU. 

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InkaUtexas

InkaUtexas 26345

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40 minutes ago, RDCanecutter said:

I don't know how to say "Just stick your own foreign object in the doc's windpipe" in Spanish.

Guess I could look it up.

ahh, I am sure we can get creative. Doctor maricon, te voy a meter (insert object) en tu boca hasta que toca tus pulmones...... 

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RDCanecutter

RDCanecutter 26550

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2 hours ago, InkaUtexas said:

ahh, I am sure we can get creative. Doctor maricon, te voy a meter (insert object) en tu boca hasta que toca tus pulmones...... 

Ay Doctor, te la voy a pasar por tu culito empezando por la boquita de chiquita incompetente con que me hablas ahorita.

Need to throw in a random "neta", "o sea", or "porque me pegan las ganas" according to the soap operas I've been watching, especially if we wanna De-Efe it up.

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InkaUtexas

InkaUtexas 26345

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1 minute ago, RDCanecutter said:

Ay Doctor, te la voy a pasar por tu culito empezando por la boquita de chiquita incompetente con que me hablas ahorita.

Need to throw in a random "neta", "o sea", or "porque me pegan las ganas" according to the soap operas I've been watching, especially if we wanna De-Efe it up.

hehe, nah, I need to keep it Central American. So just maybe Puuuuuutttttttaaaa to start the sentence. 


 

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RDCanecutter

RDCanecutter 26550

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Just now, InkaUtexas said:

hehe, nah, I need to keep it Central American. So just maybe Puuuuuutttttttaaaa to start the sentence. 


 

I need to get down to Central America while it's still popular. Do they pronounce bien like bieng down there?

Met a Guatemalan who said "gustamos" instead of "nos gusta", then I saw the same thing in a Mexican book from 200 years ago, plus I think it's standard in Portuguese. Maybe an older form once common to both languages.

Anyway, yeah, Puta sets the tone.

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InkaUtexas

InkaUtexas 26345

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2 minutes ago, RDCanecutter said:

Gotdam Alzheimers. I went to Costa Rica years ago. It's kind of a The Woodlands type of Central America, so I forgot.

you mean north Panama. Go to Lake Atitlan in Guatemala. Then head south and hit La Curva in El Salvador. Damn we are a bit off topic on this thread? 

 

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beer

beer 3245

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6 hours ago, InkaUtexas said:

you mean north Panama. Go to Lake Atitlan in Guatemala. Then head south and hit La Curva in El Salvador. Damn we are a bit off topic on this thread? 

 

 

Tengo miedo viajar al sur de Tapachula porque algún pinche rrrrrrreputa médico podría ponerme mierda en la garganta

Edited by beer
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52-80

52-80 19277

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On 9/25/2019 at 6:10 AM, TwiceHorn said:

No, lawyers fees would be 33-40% of 250K or whatever the recovery, plus expenses.  To file suit, an expert opinion that the treatment was less than the standard of care is required.  Expert doctors don't come cheap because they are professional pariahs.

 

As a professional pariah, I'll testify for half the cost.

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