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wrongful death

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marlin190

Junior Member
What is the name of your state?Oregon

Say you have an elderly parent who was never diagnosed with an illness (parkinsons) and, because of not being treated, the quality of life was definately lacking.

Then, say you finally convince the doctor (I use the term loosely) that there is a problem and he flippantly says "yeah, I always thought he had a little parkinsons. I can treat him for that." Two days later he was in the ER, out of his mind as my mom puts it, and the diagnosis was medication reaction. 2 1/2 HORRIBLE weeks later the parent is gone.

So, you talk to a couple attorney and find out that because he was retired and had no dependents that his life isn't worth anything. The case could be fought but the cost would probably be greater than any award.

The question is, is this something that could be filed as small claims? I just want that "doctor" to take some responsbility somehow.
 


R

rmet4nzkx

Senior Member
marlin190 said:
What is the name of your state?Oregon

Say you have an elderly parent who was never diagnosed with an illness (parkinsons) and, because of not being treated, the quality of life was definately lacking.

Then, say you finally convince the doctor (I use the term loosely) that there is a problem and he flippantly says "yeah, I always thought he had a little parkinsons. I can treat him for that." Two days later he was in the ER, out of his mind as my mom puts it, and the diagnosis was medication reaction. 2 1/2 HORRIBLE weeks later the parent is gone.

So, you talk to a couple attorney and find out that because he was retired and had no dependents that his life isn't worth anything. The case could be fought but the cost would probably be greater than any award.

The question is, is this something that could be filed as small claims? I just want that "doctor" to take some responsbility somehow.
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I'm sorry for your loss.
Adverse drug reactions do occur and sometimes they are fatal.
You can make a complaint to the medical board.
 
M

marlin190

Junior Member
rmet4nzkx said:
I'm sorry for your loss.
Adverse drug reactions do occur and sometimes they are fatal.
You can make a complaint to the medical board.
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That wasn't the case here. The ER doctor was shocked when he found out what Dad had been given and told us that the 3 medications were too much all at one time.
 
B

BL

Senior Member
marlin190 said:
That wasn't the case here. The ER doctor was shocked when he found out what Dad had been given and told us that the 3 medications were too much all at one time.
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Small claims is NOT a Court that hears wrongful Death Lawsuits .

If this was truly negligence on a Drs. Orders that Caused the Death ( what did the ME's report State as Cause ) ? , The the Drs. ins. should cover malpractice .

I do not know why Attorneys are telling you it would cost more than it's worth .

IF this were truly a clear case of Wrongful Death , an attorney should take the case on the Basis , IF you win , the Attorney gets a percentage , If the Attorney loses , He/She take 0 amount .

Are these attorney's your are consulting in the Business of wrongful Deaths ?
 
M

marlin190

Junior Member
Blonde Lebinese said:
Small claims is NOT a Court that hears wrongful Death Lawsuits .

If this was truly negligence on a Drs. Orders that Caused the Death ( what did the ME's report State as Cause ) ? , The the Drs. ins. should cover malpractice .

I do not know why Attorneys are telling you it would cost more than it's worth .

IF this were truly a clear case of Wrongful Death , an attorney should take the case on the Basis , IF you win , the Attorney gets a percentage , If the Attorney loses , He/She take 0 amount .

Are these attorney's your are consulting in the Business of wrongful Deaths ?
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I spoke to 2 different attorneys. Their point was that the awards handed down by the jurys are very small at this time, as they look at age and dependents. And apparently the malpractice insurance companies fight to not have to pay anything (of course) and don't settle until the last second. Which means there are costs (the most expensive being expert witnesses) that come out of any settlement. By the time they are done its just not worth their time. And if they can't make enough money they aren't going to take a case.

Its just really frustrating.
 
B

BL

Senior Member
And that's why I asked what the ME's report Stated ?

If it were a Clear case of Wrongful Death , settlement talks would happen before a trial , after the initial Filing of the Suit .

If it's not a Clear case , and there are many factors that may have led to the Death , that's where the problem lies .

Many times when a Persons body is already stressed , something like with drug reactions , the additional stress is just too much ..
 
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