Re: malpractice

From: Karen Kaplan (kkaplan@eclipse.net)
Tue Feb 15 06:49:41 2000


Malpractice is much harder to sue for than we think - only 1 in 65 cases of proven malpractice actually file suit - mostly because the lawyers can be so choosy. They seem to want the easy ones to prove with big $. I established that my surgeon failed to provide the proper standard of care when she ignored my high pre-admission prothrombin time and proceeded to surgery. That is the 1st and most critical step: failure to provide standard of care. That finally got a lawyer to agree to even review my case! The 2nd step is to prove that this failure caused harm. The 3rd step is that the harm caused $ damages. I had an agressive New York lawyer review my case - he declined because it was too difficult. When I suggested it was time to set a precedent on ARD, he said the medical establishment wouldn't let that happen. Adhesions are difficult because they are a common outcome of many types of surgeries.

You cannot imagine how I reacted to this women in NY whose ob/gyn carved his initials on her after he delivered her baby by C-section. Said he did such a beautiful job that he had to sign it! Now claims to have a form of Alzheimer's. She just settled for $1.75 million (expletive deleted)! And the Manhattan DA has filed assault charges!. I'd trade places with her in a heartbeat if it meant I'd only have scars on the outside, and I'm sure all of you feel the same. When I asked this lawyer why this was malpractice, he said - it was easy to prove and she was going to be traumatized every day she saw those scars. I told him that I am traumatized every minute I am awake because of the constant pain from my last surgery and what is happening inside. I am thinking of going to the NY Times on this one - it's so absurd, and criminal, to deny that ARD causes pain and suffering and then treat such vandalism as malpractice. What do you all think? Karen

>----- Original Message -----
From: Helen Dynda <olddad66@runestone.net> To: Multiple recipients of list ADHESIONS <adhesions@forum.obgyn.net> Sent: Monday, February 14, 2000 6:27 PM Subject: Patient Advocacy and Insurance -- websites

> **[ Patient Advocacy and Insurance ]**
>
> 1.) * Patient Told Illness in Her Head Forced to Leave HMO to Get Proper
> Care
>
> http://consumerwatchdog.org/public_hts/medical/casofday/me100013.htm
>
> 2.) * HMO Stonewalling Woman Costs Woman Fertility
>
> http://consumerwatchdog.org/public_hts/medical/casualty/connie.htm
>
> 3.) * The HMO Page (sponsored by The National Organization of Physicians
Who > Care)
>
> http://www.hmopage.org/
>
> 4.) * Managed Care Reform - How Texas Pulled Off What Washington Can't
>
> http://www.managedcaremag.com/archiveMC/9902/9902.states.shtml
>
> 5.) * Summary of Medical Malpractice Law in Texas
>
> http://www.mcandl.com/texas.html
>
> 6.) * Decoding Medical Acronyms
>
> http://www.patientadvocacy.org/main/insurance/acronyms.html
>
> 7.) * The Patient Advocacy Page - Promoting fairness and equality in our
> health care system
>
> http://people.delphi.com/graphking/health.htm
>
> 8.) * Managed Care Showdown in Texas
>
> http://www.physiciansnews.com/cover/299.html
>
> 9.) * National Organization of Physicians Who Care
>
> http://www.pwc.org/
>
> 10.) * Your Money & Your Life - America's Managed Care Revolution (PBS
> Special)
>
> http://www.wnet.org/archive/mhc/index.html
>


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