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Medical malpractice question

4,180 Views | 30 Replies | Last: 1 yr ago by Panama Red
94chem
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11:49a, 11/18/23


Any advice on how to proceed, legal-wise, about a hospital that did surgery without anesthesia?
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Stringfellow Hawke
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12:10p, 11/18/23
AG
I would delete this thread and hire a lawyer. The hospitals lawyer could find this and use it against you.
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94chem
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In reply to Stringfellow Hawke • 12:38p, 11/18/23
Stringfellow Hawke said:
I would delete this thread and hire a lawyer. The hospitals lawyer could find this and use it against you.


I read it about 3 times and finally understood what you meant. I meant that it's impossible to hold wealthy people accountable. But I see how it could be interpreted another way.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Diggity
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1:23p, 11/18/23
AG
I'm confused
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94chem
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In reply to Diggity • 2:25p, 11/18/23
Diggity said:
I'm confused


I understand your confusion. Summary: People with deep pockets generally have to do something pretty awful to justify the resources needed to hold them accountable. Just how the system works.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Funky Winkerbean
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In reply to 94chem • 3:07p, 11/18/23
AG
Wouldn't the insurance company help in your scenario?
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94chem
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In reply to Funky Winkerbean • 4:52p, 11/18/23
Funky Winkerbean said:
Wouldn't the insurance company help in your scenario?


I don't know. That's a good question. Certainly on issues of billing, coverage, rules, and responsiveness, the insurance companies I've dealt with over the years have been way better to deal with than health care providers.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Bondag
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5:50p, 11/18/23
AG
Hire Ted, RIP

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Jugstore Cowboy
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In reply to 94chem • 3:15a, 11/19/23
AG
94chem said:
Diggity said:
I'm confused


I understand your confusion. Summary: People with deep pockets generally have to do something pretty awful to justify the resources needed to hold them accountable. Just how the system works.
Is this real, or is this like when the Conroe Illuminati had their way with the poor little grist-millers of Kingwood who had to suffer through the indignity of moping out their three-car garages? Suburban enclave populism is so fascinating.
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ccolley68
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8:00a, 11/19/23
AG
If no anesthesia, why didn't they just look at the doctor and say "ouch"
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VictoryLapAg
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8:55p, 11/19/23
AG
And damages would be? Pain and suffering for the period of time with no anesthesia? Medical malpractice cases are expensive and if the damages aren't high enough, then most lawyers won't touch it.
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BMX Bandit
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In reply to VictoryLapAg • 7:29a, 11/20/23
generally yes, but a case of "they didn't give me anesthesia during a surgery" would not be an expensive case. (assuming that is what happened)
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03TXAG
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7:51a, 11/20/23
AG
This sounds just like "The Retrievals" podcast by Serial.
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MAS444
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9:14a, 11/20/23
AG
Need a ton of economic damages to justify a med mal case. Doesn't matter how much pain and suffering, impairment, etc you have.
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htxag09
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In reply to 94chem • 10:07a, 11/20/23
AG
94chem said:
Stringfellow Hawke said:
I would delete this thread and hire a lawyer. The hospitals lawyer could find this and use it against you.


I read it about 3 times and finally understood what you meant. I meant that it's impossible to hold wealthy people accountable. But I see how it could be interpreted another way.
I read this post 3 times and still don't understand what you mean.
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The Wonderer
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12:22p, 11/20/23
AG
What are the actual money damages? Ongoing support needed? MedMals have been neutered and generally aren't worth it unless you have some serious money damages. The saying "it's better to kill, than maim" has never been truer.
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WestHoustonAg79
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3:51p, 11/20/23
My mom shattered her hip out at the ranch in grimes county. St Joes Bryan was the only play at 3 am when the EMS arrived.

Surgery next day outcome had one of her legs longer than the other. Had to redo it the next day and was an absolute mess with her insurance and situation in general.

My brother and I "consulted high council" if you will of our close family friends/mentors, many of which suggested some different attorneys to discuss a law suit.

After crunching the potential numbers and the overall situation it just wasn't worth it.

Just my 2 cents. Unless you are fire mad at the world and want to hold them accountable no matter the cost, I would just live with it.

Also agree with the first poster to prob delete this and handle off the interwebs
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94chem
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In reply to MAS444 • 7:26p, 11/20/23
MAS444 said:
Need a ton of economic damages to justify a med mal case. Doesn't matter how much pain and suffering, impairment, etc you have.


Yep, that's what I figured. Kinda like Roger Clemens. Everybody knows he lied to congress. But doing anything about it is just isn't worth it most of the time.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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94chem
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7:30p, 11/20/23
And Dusty's Lineup? Your post made zero sense. I guess about as much as Dusty's lineup.
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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TexasAggie81
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In reply to 94chem • 10:31p, 11/20/23
94chem said:


Any advice on how to proceed, legal-wise, about a hospital that did surgery without anesthesia?



Your lawsuit will probably be based upon section 4590i of Vernon's Annotated Statutes. You may want to start there. .
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VictoryLapAg
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In reply to TexasAggie81 • 7:39a, 11/21/23
AG
Lol
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Panama Red
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In reply to 94chem • 8:02a, 11/21/23
AG
Can you provide a little more information? Specifically, what was the operation?

Happy to discuss offline if you wish.
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94chem
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In reply to Panama Red • 8:22a, 11/21/23
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Panama Red
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In reply to 94chem • 8:27a, 11/21/23
AG
Got it. You can take down.
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bularry
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In reply to 94chem • 8:53a, 11/21/23
94chem said:
Diggity said:
I'm confused


I understand your confusion. Summary: People with deep pockets generally have to do something pretty awful to justify the resources needed to hold them accountable. Just how the system works.
i'm no attorney, but from my lawyer friends and some anecdotal experience, it is very, very difficult to sue dr's.


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HtownAg92
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In reply to bularry • 10:18a, 11/21/23
AG
bularry said:
94chem said:
Diggity said:
I'm confused


I understand your confusion. Summary: People with deep pockets generally have to do something pretty awful to justify the resources needed to hold them accountable. Just how the system works.
i'm no attorney, but from my lawyer friends and some anecdotal experience, it is very, very difficult to sue dr's.


Tort reform years ago was targeted largely at med mal and pretty much destroyed the med mal bar on both sides. I believe you have to get an expert opinion on liability and damages before you even file, and then there is a damages cap. Med mal attorneys changed focus after that.
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VictoryLapAg
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10:52a, 11/21/23
AG
Med mal is alive and well, even after tort reform in 2003. Just have to be experienced in it. You have to have an expert to support your case so they can get expensive, which is why an attorney needs to make sure the damages justify taking the case.
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aTm2004
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2:11p, 11/21/23
AG
We went through this when a doc cut corners and injured my son in a way that will negatively impact the rest of his life. The thing that sucks is in Texas, they're protected. The cap is $250k, and medmal attorneys really have no incentive to go to trial due to the costs. They will pressure you to settle vs going to trial to minimize costs, which comes out of your cut, so it actually is looking out for you. Also, look for fellow docs in the state to try to protect this individual doc. I was amazed how much they look out for one another. If you listened to the "Doctor Death" podcast and was shocked how long it took to take action against him, this will be the same thing. But I will say that the doc we took him to after the other doc ****ed up pulled both my wife and I aside after things were under control and our son was on his way to recovery to tell us to get a lawyer. This doc did provide a statement to our attorney's and the TMB. There are some good ones out there, and this one was an Ag.

Also, you and I are in the same area, and if this happened in Montgomery County and not Harris County, it will be even tougher. Apparently, juries in MoCo protect doctors where ones in Harris county punish them. I hope this was in Harris.

Ultimately, we went to arbitration vs. trial and got max for him due to how bad the screw up was, which was good for him. But the real pleasure for me was hitting the doc's ego by staining the doc's impeccable record from the TMB taking action. I hope that mother****er thinks about it every night when he goes to bed.
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94chem
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In reply to 94chem • 9:33p, 11/21/23
94chem
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In reply to aTm2004 • 9:51p, 11/21/23
Thank you. Greg Abbott's personal hypocrisy on tort reform has lowered medical costs ever so much (sarcasm meter on full blast).

And Montgomery County is totally dominated by special interests, but the sheeple put up with it because the Republicans are the ones being bought and sold.

atm, sorry your family went through that, and continues to do so. When my child was a baby, a doctor once pitched a surgery to us on paired organs. I said no, and he said it's 90% successful. I said it was too big of a risk to do something with an 80% success rate. He said he just told me it was 90%. I said he had two of that part. He asked "are you an engineer or something?" You know, because only engineers and doctors know how to square one digit numbers...
94chem,
That, sir, was the greatest post in the history of TexAgs. I salute you. -- Dough
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Panama Red
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In reply to 94chem • 1:15p, 11/26/23
AG
Sent an email last week.
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