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Medical Negligence and Malpractice

  • Thread starter Thread starter DISILLUSIONED
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DISILLUSIONED

Guest
I live in IL and have a current medical negligence/malpractice suit against 3 surgeons, 2 nurses and a hospital which was filed in 7/98; contracted w/attorney 12/96; occurrence 7/96. To date, 2 critical depositions still remain, 8 already disposed in just the last 4 months excluding mine which was taken in 11/99. Most recently, 4/5/02, one surgeon was deposed by telephone and my attorney seemed unprepared and easily rattled, frustrated, and aggravated by the surgeon being deposed. To say the least, I was unhappy with his performance which actually put the "icing on the cake" due to his lack of performance, aggression, knowledge, and accountability thus far. I have had an uneasy feeling about his actions and lack of for the last 3 years and have addressed this on several occasions verbally and in writing. I have asked his several times if this case was too big for him, if he needed assistance, would like to remove himself from the case or have me hire co-counsel to which he has repeatedly replied that he feels he can handle the case even though he has repeatedly told me it is the biggest case he or his firm has ever handled.

I had bi-lateral hip replacements in 5 & 7/96 with the latter failing due to internal bleeding, an 18" hematoma which tangled and compressed the sciatic nerve causing an onset of tremendous pain which was infected with pseudomonas. I had been put on a high or "loading" dose of 7.5 mg of coumadin and utlimately my protime and INR levels were significantly elevated and the coumadin was held. I went into the surgeon's office on two occasions 8/2/96 and 8/6/96 and basically was turned away and my concerns, with the exception of the 8/6/ visit with another surgeon in the practice who pacified me with a prescription of Keflex. On 8/8/96 I was told by the home health care nurse to continue holding the coumadin and to eat a lot of "greens" to bring my level down, just a few hours later, I suffered this onsent of tremendous pain and was taken by ambulance to the emergency room of the hospital named in my suit.

On 8/9/96, yet another surgeon from the practice was treating mefrom the point of my arrival in er on 8/8, took aspirations from the hip which ultimately diagnosed the infection. I was taken to surgery on 8/10/96 for a 30 minute procedure which took over 5 hours, tremendous blood loss (5 units of blood pooled in my hip in addition to the 18" bloodclot) and came very close to death.

My hip had to be removed, a cement spacer was put in twice which was filled with an antiobiotic and I was sent home to lie in bed without a hip until mid-January, 1997, while connecting my own antiobiotics to a groshong which was placed through entry in the front of my left shoulder and fed out between my breasts in order to administer antibiotics 3 times per day at home until mid-January, 1997.

To date, I have had 5 surgical procedures on the right hip, the original hip, a revised hip, the muscle, tissues, etc. were carved out of my buttocks, hip and thigh to the point I have an excessively long and deep "ditch", I have sciatica nerve damage, drop foot, lower spine deterioration, 22 dislocations of both hips (total of 44), and other residuals caused from the complications of my right hip replacement performed on 7/26/96.

I have no idea when this case will go to court, nor any idea of the worth of this case, not even a ballpark figure and the most frustrating and maddening issue is an attorney who hasn't done much work on the case, doesn't return phone calls or respond to correspondence, questions, etc. and has had me develop questions posed during interrogatories, discoveries, and depositions.

I have been praying for a sign in regard to whether or not this late in the game I should terminate my current attorney's services and hire another attorney and I feel I got that sign at this last deposition. I am gunshy at this point and don't know whether or not I would be able to obtain expert counsel given the length of time this case has been ongoing. I have attempted to set up a meeting with my attorney to discuss this last deposition to get his opinion on howhe felt it went, to give him my feelings and ask what his strategy was and will be throughout the rest of the case but I can't get a return phone call.

Please help!
:confused:
 


vrzirn

Senior Member
I am astonished that with a lengthy case of this complexity and manyalleged damages you did not retain the biggest , best and toughest mal-practice attorney you could find. I assure you the people named in the suit have an array of tough, experienced and determined lawyers defending them. Those surgeons go into depositions extremely well prepared. It is no surprise your attorney was rattled.
Well, no sign is coming down from heaven or elsewhere. I suggest that, even at this late date, you find a new set of aggressive attorneys.
Best of luck to you.
Another thought. Since this case was taken on contingency, all the fees and expenses to date are coming out of the attorney's pocket. Those mount up quickly and if his firm is small he needs to work on paying cases to keep the shop open. Even if you retain another lawyer, you will still owe the first one a portion of any recovery.
Despite the fact that you have certainly had horrendous complications, they are part of the informed risk you accepted. You do need to prove your case. Perhaps your attorney is feeling less sure of a substantial monetary recovery. Ask him.
 
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Leroadrunner

Guest
And I thought I had it bad!

I feel for you. My back was totally screwed up by a very big teaching hospital here. Definitely look for some other attorney...big firm is best like that other person said. Malpractice is very costly, difficult area to litigate. Small firms are not usually good choices. I do not know much about your hip replacements, but in researching my own spinal implants I discovered alot of important info on the FDA (food and drug site of the govt). You can research when the implants for your hip were approved for use--if they ever were. You might find something on how well the artifcial replacements used on you have fared in others. You can find when they were actually approved by the FDA for marketing. If they were still experimental, or premarket other important factors come into play. Might help with your suit. You can email someone at the FDA for answers to some of your questions. I got a response the next day that was very useful (amazing huh? from the govt no less)Also, the more you know and understand the laws of your state, the facts of your case, the better chance you have of finding a good attorney and winning. I feel really bad for you . The only thing we truly own in this life is our body...and for someone to screw it up that bad is just wrong. But the malpractice laws are tough..tough to understand the nuances of, tough to win on. Often a case is lost on some bad presentation even tho the case is strong. I have had lots of experience with lawyers, and unfortunately most is not good. Try researching other malpractice cases on the free law sites. Gi to search engines and type in hip implants, medical mapractice etc...amazing sometimes what info turns up. Good luck, sorry for your suffering...I know how bad back and hip pain is. And while you are at it try and find a GOOD pain center that can help manage your chronic pain...at least some part of life might be more bearable.
 
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DISILLUSIONED

Guest
Leroadrunner,

I would like to thank you for your kind words of encouragement and good advice. I am going to do the searches you recommended and hopefully, I can find a couple of law firms that have handled cases of this size. To date, every attorney I have contacted regarding this case has not been willing to take it on given the length of time the case has been ongoing and the possibility this new attorney would not have filed or used some of the tactics presently used by my attorney.

I hope things get better with you and your back and once again, thanks for your well-wishes and advice.





:)
 
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GLDSPARKLE

Guest
Staying with the same lawyer

Mr. V and others:

Being a victim, you are too fast sometimes to get someone to help and listen and the lawyer when he first approaches you of course at the time when most needed gives you the feeling that he has your best interests. But, considering the type of injury here is another example of going with a firm that is not capable of the expense. Med/mal is extremely expensive. The hours and the money that is why most is turned down... Its an investment what are they going to get out of our messed up situtation and damage. I can tell you I had many but I went for what I felt was the hometown honest boys! After a case is started a lot of lawyers don't want the mess, there is a lot to do at the beginning to build the case and maybe they might not agree with the way things are being handled.. get the case to others to take a look at worth a try. But, don't be surprised if they say you have a real good case but we don't like what your lawyer did. It happened to me.
 
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DISILLUSIONED

Guest
Stay With Same Lawyer

I appreciate your response to my dilema in regard to finding a new attorney or staying with mine. You are quite right about enduring the result of a medical mistake and taking an attorney too soon or with little investigation about the lawyer as well as the law firm, this was my mistake. I was referred to this attorney by a physician but I now know 6 years too late he was not able to handle this case, it is too large and too complicated. I can only hope the one viable piece of evidence which will contradict all statements made in deposition, will speak a thousands words my lawyer could never speak and this evidence along with all my treating physicians findings, reports and support will deliver an amount of money equal to the pain, damages and future damages I will continue to endure.

I hope you finally had a positive outcome with your attorney.
 

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