Medical Malpractice/Wrongful Death Lawsuit?

[tonybologna]

Update:

The malpractice attorney has consulted a legal nurse to further review the medical records. He has already contacted another physician that involves the type surgery my dad went through. We wasn't told the opinion of the physician by the attorney but only there has been a physician contacted.

Now, I understand the previous post. It has been said many times by members here over & over that there is no wrongful death/malpractice claim. I respect that & will not say anymore in disputing the explanations.

We still want that closure & if this is the case then we will know nothing more could have been done. I'm just going on what's been relayed to us by the attorney thus far. I'll post back when further updated which was said to be in a couple weeks or so.

[lya]

Don't get your hopes up for an opinion of wrongful death or any other medmal claim.

[tonybologna]

Originally Posted by lya

Don't get your hopes up for an opinion of wrongful death or any other medmal claim.

Where in any of my statements have I "got my hopes up" about a malpractice/wrongful death claim? All I've done since members have given me the shaft about a claim is tell what we've been given by the attorney's office. Geez!

My hopes aren't up at all & we as a family don't expect anything. C'mone people! It's OK to express your opinions but to put words in my mouth isn't called for here.

[lya]

You tell us that we're wrong. You tell us you have an attorney who has hired a legal nurse consultant. You tell us the attorney has contacted a physician to review the records. You tell us we are nay-sayers and you'll update us when you hear from the attorney's experts.

It's not putting words in your mouth. It's deductive reasoning.

I am a Certified Legal Nurse Consultant with 15 years experience and still active in the profession. Had I been consulted on this claim by an attorney, I would have answered him/her the same as I did for you, only I would have advised spending no money and no time on this claim.

[tonybologna]

Originally Posted by lya

You tell us that we're wrong. You tell us you have an attorney who has hired a legal nurse consultant. You tell us the attorney has contacted a physician to review the records. You tell us we are nay-sayers and you'll update us when you hear from the attorney's experts.

It's not putting words in your mouth. It's deductive reasoning.

I am a Certified Legal Nurse Consultant with 15 years experience and still active in the profession. Had I been consulted on this claim by an attorney, I would have answered him/her the same as I did for you, only I would have advised spending no money and no time on this claim.

I was referring to your previous post about putting words in my mouth. I wasn't talking about any other members post at all. I'm well aware of the other members posts in regards to my topic at hand.

How do you know there's no need for money & time to be used/spent from an attorney for a claim? You don't have the medical records do you? You only have what I have told you guys here in the thread. Is that sufficient enough evidence from a regular joe like me to say there's no need to look into this matter further?

I'm not going to bicker anymore here. It is what it is & there will be answers soon enough. I just don't understand some reactions to what I say & putting words into my mouth isn't warranted. Maybe you didn't mean for your previous post to come off that way but that's how I took it from your quote.

This has nothing to do with being frustrated or mad about what happened to our dad now. Yes, we are still grieving as a family but it's more to find out what could or couldn't have been done. I'll leave it at that & soon we'll know if there's a possible claim.

I don't care one way or the other but I do want some answers. We're not a poor family by any means & money isn't the issue at all. Thanks!

[lya]

I shall end participation in your thread with this reply.

You come across as a very hard-headed, unreasonable grouch, probably a really bossy person with little regard for others.

Grief is difficult. Try not to alienate those you love.

So long,

[tonybologna]

Originally Posted by lya

I shall end participation in your thread with this reply.

You come across as a very hard-headed, unreasonable grouch, probably a really bossy person with little regard for others.

Grief is difficult. Try not to alienate those you love.

So long,

Actually, I'm a man of faith & religion. I'm a family man & don't have any issues with others. Grouchy? Na! Bossy? Na! I'm just giving my details of the situation. Your opinion is appreciated as well as others but you come across by "putting words in my mouth" from one post & things have sizzled since.

I'm not mad at anybody here. It seems that you & a select few others don't like what I have to show or say. I'm not disagreeing with anybody on these boards expressing their thoughts. I'm just relaying information over the past few posts of mine.

You can stay away from the thread if you want but there's no need to act like that. I'm OK & you shoudn't let the discussion get you all out of wack. Thanks!

[Proserpina]

How do you know there's no need for money & time to be used/spent from an attorney for a claim? You don't have the medical records do you? You only have what I have told you guys here in the thread. Is that sufficient enough evidence from a regular joe like me to say there's no need to look into this matter further?

If this is the case, why on earth have you wasted so many members' time with the back and forth? What was the point of that? You gave details, received responses based upon those details and yet argued back and forth before announcing that - I'll paraphrase - our reasoning must be flawed because we simply don't have all of the important information.

If you now decide that we don't have enough information either give us the information that is relevant or please, quit posting.

But don't sit and argue "how can you make that decision when you don't have all of the records" simply because you don't like the answers you received.

[tonybologna]

Originally Posted by Dogmatique

If this is the case, why on earth have you wasted so many members' time with the back and forth? What was the point of that? You gave details, received responses based upon those details and yet argued back and forth before announcing that - I'll paraphrase - our reasoning must be flawed because we simply don't have all of the important information.

If you now decide that we don't have enough information either give us the information that is relevant or please, quit posting.

But don't sit and argue "how can you make that decision when you don't have all of the records" simply because you don't like the answers you received.

You're misunderstanding what I'm saying. I'm not saying you guys reasoning is "flawed". These last couple post of mine have been directed towards lya in regards to her conclusion there's nothing when she doesn't have the medical records.

This wasn't intended towards any other members that responded in this thread. I know I've disagreed at times with what some have said about this case. I fully understand I'm not at all inclined to go against what more knowledgeable people here may have over me. I'm just a regular Joe here like I said before.

I know nothing about the legal issue to whether we may have a claim. I've just recently stated what we've been told by the lawyer's office & it appears that some don't believe me or feel the attorney is wasting his time & efforts.

This is why I asked lya if she had the medical records to make that type claim. There's no reason for anyone on here to make such a claim when they don't have the medical records.

People can form their own opinions about the matter & express them here but for them to state something about what an attorney should or shouldn't be doing when they don't have the medical records is wrong. This is all I'm trying to say now.

I don't mind you guys stating your opinions at all. It seems that if I come back to make a point then people get offensive back to me. I'm no expert & I perfectly know that too. I'm not trying to argue with anyone.

I know God will get me through this whole ordeal no matter what. He's gotten me to this point in the matter & will continue to guide me in life regardless of the situation.

I just posted recently to provide updates as to what is happening but maybe I'd better keep quite til a decision is made by the attorney. Thanks!

[Proserpina]

You're not getting it, at all.

The information you have provided has indicated you have no case for medical malpractice and/or negligence.

End of story.

Now, if you share further details the answer might change. Other than that?

You're not getting it, at all.

[ecmst12]

And if OP needs to hear that from a real live lawyer, that's ok. Let him. It's not hurting us.

[tonybologna]

Originally Posted by Dogmatique

You're not getting it, at all.

The information you have provided has indicated you have no case for medical malpractice and/or negligence.

End of story.

Now, if you share further details the answer might change. Other than that?

You're not getting it, at all.

How can you guys come to the absolute conclusion about this with no medical records at hand? Further details? What do you want me to do ship the medical records to you?

You may very well think from what I told you that we have no claim but it's the medical records that make the case. We've done been told that there could have been doctor error from the surgery. I've done went over this before as to what the attorney had found.

It had something to do with the docs not following their typical procedure for this type surgery. There may have been a reason for this but we just don't know yet.

We have only met with the attorney once since turning over the medical records. We anticipate another meeting soon to discuss whatever his decision might be in regards to a possible claim.

I see that most feel there's no claim here but my point is that you don't have the medical records to review what may have been done or not done. This is my point here! It's OK to tell me your opinions.

You guys have it set in stone that we have nothing when in reality you have no proof either way because you have no medical records in your hands. I'll post back when we know more but until then I want go back & forth no more on this issue. Thanks!

[wyett717]

I've been following this thread, but haven't had anything to add since everyone else gave you correct advice from the get go. It is getting rather obnoxious now, so why don't you just leave it alone? You are not getting the answers you want to hear, so you would be best to wait for your own lawyer's conclusion.

[tonybologna]

Originally Posted by wyett717

I've been following this thread, but haven't had anything to add since everyone else gave you correct advice from the get go. It is getting rather obnoxious now, so why don't you just leave it alone? You are not getting the answers you want to hear, so you would be best to wait for your own lawyer's conclusion.

That's exactly what I'll be doing just like my previous post stated & that's waiting for answers from the attorney. Obnoxious? It's not being abnoxious but it is discussion.

Let me ask you guys something? Where in any of my previous posts have I said that I'm not happy with what answers that have been given to me? Where have I said with absolute certainly that we have a definite malpractice/wrongful death claim?

However, others have came back at me to say we absolutely have nothing without question when they don't have access to the information/medical records. That's what is hard for me to understand.

I'm no expert but this really amazes me from so called experts that they would form this conclusion when they have no proof either way. Opinions are fine with me but you have members here stating there's nothing for a claim when they have nothing to prove that.

There's nobody seeming to even say well maybe you have something because we don't have the medical records. How many of you work for or support the medical field may I ask?

It seems like most are saying we have nothing & it makes me wonder how many of you work in the medical field that would go against this no matter what. I'm done discussing this so let me have more comments & I'll ignore them. I'll just post back when answers are finally given from the attorney. Thanks!

[Proserpina]

Originally Posted by tonybologna

That's exactly what I'll be doing just like my previous post stated & that's waiting for answers from the attorney. Obnoxious? It's not being abnoxious but it is discussion.

And this is not a debate board. You asked questions, and you received answers.

Let me ask you guys something? Where in any of my previous posts have I said that I'm not happy with what answers that have been given to me? Where have I said with absolute certainly that we have a definite malpractice/wrongful death claim?

There appears to be rather compelling evidence that you disagree with what you've been told....

...otherwise we wouldn't have a 3-page long thread.

However, others have came back at me to say we absolutely have nothing without question when they don't have access to the information/medical records. That's what is hard for me to understand.

Then why did you even post? Seriously. This is not brain surgery. It's a very simple process: you list the relevant information, ask your question, and receive responses based upon what you've written.

But when you didn't receive the answer you want, you disagreed because we don't have all of the information with which to make such a conclusion.

What exactly did you expect to happen here?

I'm no expert but this really amazes me from so called experts that they would form this conclusion when they have no proof either way. Opinions are fine with me but you have members here stating there's nothing for a claim when they have nothing to prove that.

That is painfully obvious. What amazes the rest of us is why you keep posting. You do not agree with what you've read, you've obviously decided that we are all in the wrong, but yet you still insist on posting for no reason other than to keep flogging a dead horse which has been due for a visit to the glue factory for at least 2 of the 3 pages in this thread.

Please.

Stop.

There's nobody seeming to even say well maybe you have something because we don't have the medical records. How many of you work for or support the medical field may I ask?

You have been answered by professionals, laymen and those who have spent many years either studying the field or have amassed considerable experience within that field. You decided to check credentials now because....why? You didn't hear what you wanted to hear? So we would have been deemed perfectly credible if the answer had been "yes, you have a case, sue them for $12.3 million dollars"?

It seems like most are saying we have nothing & it makes me wonder how many of you work in the medical field that would go against this no matter what. I'm done discussing this so let me have more comments & I'll ignore them. I'll just post back when answers are finally given from the attorney. Thanks!

That's ok. It's pointless. There is really only one reason you would post back; to either have the last word (many posters end up having apparently chronic cases of lastworditis), or to confirm what I predict will happen: you will regale us with the tale of an attorney who has taken your case and is adamant you'll be successful in court.

Either way, good luck to you and your family.