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Getting a settlement w/o a lawyer

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J

JQD

Guest
Earlier this year I had surgery that was badly botched by an incompetent urologist. I lost a testicle, was in extreme pain for two months, and continue to experience pain. All the advice I read says I absolutely need an attorney to handle a malpractice case, but I can't get an attorney to take the case because the damages aren't great enough. How would I go about trying to get a settlement from the doctor's insurance company myself?
 


I AM ALWAYS LIABLE

Senior Member
JQD said:
Earlier this year I had surgery that was badly botched by an incompetent urologist. I lost a testicle, was in extreme pain for two months, and continue to experience pain. All the advice I read says I absolutely need an attorney to handle a malpractice case, but I can't get an attorney to take the case because the damages aren't great enough. How would I go about trying to get a settlement from the doctor's insurance company myself?
My response:

I'm sorry, but I might be misunderstanding your question.

Are you asking for step-by-step instructions ?

IAAL
 

LegalBeagle

Senior Member
I AM ALWAYS LIABLE said:
JQD said:
Earlier this year I had surgery that was badly botched by an incompetent urologist. I lost a testicle, was in extreme pain for two months, and continue to experience pain. All the advice I read says I absolutely need an attorney to handle a malpractice case, but I can't get an attorney to take the case because the damages aren't great enough. How would I go about trying to get a settlement from the doctor's insurance company myself?
My response:

I'm sorry, but I might be misunderstanding your question.

Are you asking for step-by-step instructions ?

IAAL
Dear Mr IATT,

I just brought a used kit car and it came in 5,322 pieces. Please could you instuct me on how to put it together so it can go bruummmm brummmm..

Thank you.
 
J

JQD

Guest
I'm sorry; I didn't realize it was a complicated question. But I also didn't think it would generate a rude answer. Let me try again. When you're in a car accident, you exchange insurance information with the other party and then contact their claims people to work out a settlement. Obviously, this doctor and I are not going to get out of our cars, so to speak, and examine my disfigured body and exchange insurance cards. I can't get an attorney to consider my case because the operation didn't kill me, so I need to inform the doctor and/or his insurance company myself that I have no intention of paying for his mistakes and expect at least reimbursement for actual financial losses. What I would like to know is: 1) Do I contact the doctor directly, or try to find out who carries his malpractice insurance? 2) What resources are available to help an individual do something like this when no attorney will help?

Perhaps I'm in the wrong forum, if all I'm going to get are disparaging comments from lawyers who don't want to offer advice that will take money out of their pockets. In that case, I would appreciate a referral to some advocacy organization that might be more helpful. My own research has reached a dead end at this point. I apologize if I sound frustrated, but I am.
 
T

TimC

Guest
Common sense dictates that the very first step is to contact your health insurance company and file a complaint. As they are likely the ones paying for the procedure, they have the ability to withhold the payment to the doctor. Document everything that has occured and submit it to the health insurance company. Keep copies of everything that is submitted.

This will likely result in the case being put before an insurance company review board. They will review the case and make a decision as to whether the procedure will be paid for, and whether a formal complaint will be lodged against the doctor. Once their decision is rendered, you will be in a better position to proceed, as there will be findings that indicate the competency of the procedure.

The chances are slim that you will find another doctor to document his opinion that the procedure was performed poorly. Professional courtesy runs pretty thick around things like this.

 

I AM ALWAYS LIABLE

Senior Member
My response:

I'm sorry that you're frustrated, but in your initial post, you asked the open-ended question:

"How would I go about trying to get a settlement from the doctor's insurance company myself ?"

This is the reason I wanted to have a clarification from you, because ". . . trying to get a settlement" involves numerous steps, knowledge of the applicable laws, and experience with matters such as yours.

If you haven't already done so, and in a sincere effort to assist you, you might try going to a college law library and learn all you can about "negligence" and "medical malpractice". Then, from those books, you'll have an idea how to explain your problems in writing, and in terms that an insurance adjuster understands. You'll also be able to make an educated assessment of the value of your claim.

Additionally, you'll be able to keep tabs on the Statute of Limitations, and know when to file a lawsuit if negotiations fail.

Or, if the above is not your "cup of tea", then keep hunting for an attorney who's willing to take your case.

Good luck.

IAAL
 

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