Re: malpractice

From: Bernie and Beverly Doucette (bnb@cybrzn.com)
Wed Feb 16 11:34:22 2000


Karen,

You are so right when you say that you'd trade places with her in a heart beat. I feel the same. I am part of the big phenfen lawsuit...a surgeon had suggested it before he would do surgery. After taking the drugs for 6 months I developed leakage of 3 of my heart valves (it is improving thank God!). Outsiders think that the $4 billion settlement is so great...but ultimately we are all getting screwed. In order to protect myself in the event that it should get worse, I will need to stay in this settlement and accept $6,000 as payment for my problems. I had an echocardiogram 1 year before I took the drugs when I developed an infection in my central line. Everything tested normal. When the cardiologist saw the results of my echo after having taken the drugs he said that phenfen had to have caused the problem because there was no way that hypertension could make it that much worse in that short of time....I didn't develop hypertension until after I took the drugs anyway. Now, despite still having hypertension (its worse now than before) my valves are improving, but the cardiologist is now saying its from the hypertension....that there never was a problem with the drugs...that the fda overreacted and that there may be 20 people across the world that have a problem. I know more people than that! And while my valve leakage is improving...there is no saying that it will not get worse. What makes me the angriest is that this company has been proven to know about the problems and hid it from the fda and the American people. It isn't that I am out for money....I am sure not going to get rich from this.....I just want to stand up and say to the pharmaceutical companies...hey! you can't do this! Do I opt out of the settlement and risk losing money should I lose? The $6000 being offered doesn't even cover the past medical bills! Anyway....enough of my soap box.....I just wanted to say that it is very hard to prove medical malpractice....and very hard to get an attorney to accept the case unless they see a case that they know will be found in their client's behalf. It is a shame that the justice system is not on our side when it comes to things like that.

Whatever, we do need to achieve recognition of this disorder and the doctors that really abuse the victims of it! I feel that we need to be more proactive in fighting for our cause.

Karla N.

>----- Original Message -----
From: alanbaleyko <alanjess@yourlink.net> To: Multiple recipients of list ADHESIONS <adhesions@forum.obgyn.net> Sent: Tuesday, February 15, 2000 4:09 PM Subject: Re: malpractice

> Hi Karen, Go for it! Go for the New York times, a new lawyer, anything
you can > think of. We have got to get the word out on ARD if only to help prevent
others > from getting as bad as we all are! If I had known something about
adhesions, I > would have investigated more before I agreed to a 2nd c section, hernia
surgery, > tubal ligation, and hysterectomy!! We have got to let other women know
that > adhesions can be a side effect of abdominal surgery because the doctors
are sure > not going to tell us!! Take care of yourself, Jessica Baleyko
>
> Karen Kaplan wrote:
>
> > 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
> > >

http://www.adhesions.org/forums/listcmds.htm > > >
> >
>


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