How and where to report malpractice....
You better have strong evidence because being in medical practice many of the cases are thrown out. I have had people come to us and developed GYNO from TRT and want to sue the dr for not putting them on proper e2 management. It can get crazy and 90% of the time it will not get any where. In past years I have had known dr's to have law suits against them and it is a waste of time and money for both parties unless there is a death or comatosed state induced. One case one of his best patients tried to sue, but she had a past history of doing this so case was thrown out wasting every ones time. Dr's to come testify unless appointed by the court will loose upto 3-5,000 a day in their practice because of it.the AMA is all drs so that wont go anywhere...I once called an attorney who said I had a case but no damages other than horrific pain when a dr told me my back wss fine, even though it turned out I had 5 herniated disks
i get ythe impression that reporting a dr to anyone is like reporting bernie madoff to the sec...ie a waste of time
I believe you were wanting an AI, but even those are not "approved" for men. You can't have a lawsuit based on off-label use when that's what you were essentially trying to get.Well not only was it off lablel it didn't even address the problem I wad having.
I didnt know AI were not approved for men, thanks for heads up.
I had to put my .02 in here..... sorry in advance for the length! There IS a question at the end, though...the AMA is all drs so that wont go anywhere...I once called an attorney who said I had a case but no damages other than horrific pain when a dr told me my back wss fine, even though it turned out I had 5 herniated disks
i get ythe impression that reporting a dr to anyone is like reporting bernie madoff to the sec...ie a waste of time
State Medical Board.the AMA is all drs so that wont go anywhere...I once called an attorney who said I had a case but no damages other than horrific pain when a dr told me my back wss fine, even though it turned out I had 5 herniated disks
i get ythe impression that reporting a dr to anyone is like reporting bernie madoff to the sec...ie a waste of time
FDA approval is moot. You have no case. If FDA approves a drug for ANY usage in the medical field, it is completely legal and you are wasting your time. Now, if his prescription results in untoward effects, or you have serious problems associated with the medication, then you MIGHT... although unlikely, have something. It takes GROSS negligence on the part of a physician in order to have a case. AS IT SHOULD BE. Medicine is not like putting on a roof. Each person's physiology varies tremendously, and I might give a medication to 1000 people without a single issue, and the next person has an anaphylactic reaction and dies.Well I am not going to go the lawyer route for several reason #1 being I dont have the money. Gonna try and stir up a little trouble for him being so incompetent by reporting him writing me a Rx for a med not FDA approved for use in males. I am just really upset over this situation.
I think that whole story is a sham. She is now some how cured of her incurable disease by a quack doctor that used bentonite clay to cleanse her. That whole story screams that she wanted publicity and money, and she got that with many companies sponsoring her and her website after that show aired. From having two flu shots prior to that one, and no one else having any reaction from that same batch, I call BS anti immunization witch-craftery.its a bit off topic but on 4 occassions this year alone, my mother has gone to a DR, had him prescribe some type of medication then ended up in the emergency room hours later. i truly believe they will kill her at some point because she is a believer and trusts them, taking all of their various poisons without question or complaint...
matrix i really hope you do not believe "death or comotose" are the only scenarios that merit damages.........if you do believe that you should re think your career choice.
Watch this video and tell me this young beautiful girl whose life has been all but ruined by Drs...does nt deserve damages:
YouTube - FLU SHOT Permanently Disables Washington Redskins cheerleader with Neurological Disorder
I had to put my .02 in here..... sorry in advance for the length! There IS a question at the end, though...
My late mother had "end-stage" COPD. She never smoked a cigarette in her life, had a Master's Degree (MS) in Nursing, so usually knew more than her pulmonologist, epidemiologist, and internist on her "case." She spent most of her last three years in acute care at what is suppposedly the *best* hospital in our metropolitain area of SoCal, listening to a prognosis of up to three months. They told her that for FIVE YEARS.
SHE directed her health care, told her docs which experimental antibiotics to put her on... she finally came to stay with us, since she had been out of the hospital for over a month, and was afraid to be home alone, even with a caretaker. It was great to have her there, and she was sharper and more lucid than I'll ever be.
One night, she was really struggling to breathe, even though she took o2 24/7, and breathing treatments 6x/day. She asked me to call her pulmonologist around 11PM; she wanted to be admitted into the hospital via the ER. She had almost a sixth sense about this stuff, and felt it would only be about a week or so. My mother hated the hospital, even though all the staff knew her personally and treated her well (she was always in the same floor/section, etc). She always fought to get out ASAP.
My mother struggled for every breath she took. Her lungs were 90% scar tissue. She was too weak to walk on her own. She was not old/elderly. (The Cleveland Clinic, about the best in the world, and where the heart/lung transplant was pioneered, felt she was a candidate for a lung transplant. If she had received only one lung, she would be here today. But her physicians here managed to convince her that the the docs at Cleveland Clinic were WRONG, and that she wouldn't make it out of surgery. The alternative? To die.)
Called the doc's answering service.... doc on call was the pulmonigist in same group she USED to have before switching a few years back, out of dissatisfaction. He treated her very poorly, right in front of me even. I put the SOB on speakerphone; my mother struggled to speak but made her request. He very curtly said if she was still struggling to breathe in the morning to call the office and arrange to be admitted, then SLAMMED the phone on his end. A few hours later, my mother fell into a coma. I called 911, we raced two miles to the hospital, but she didn't make it. I stood by helplessly as I watched her die.
Five days later, the phone rang. It was the kid from the answering service... he was maybe 18, and apologizing all over the place, but went on to explain that after the doc had spoken to my mother, he called the service, told him (the operator) that if he even thought of *disturbing* him again that night, the on-call doc would ensure he got fired. Then he paused, and asked "Your Mom's okay, isn't she?" I was getting dressed for her funeral when he called.
Later, I sopke to an attorney, who explained to me that unless I could prove this murderer affirmatively caused my mother to lose INCOME by dying, I didn't have a case. Apparently, only income matters for malpractice, or so I was told. He added that her age would be a detriment (mid-60's); that the Court would consider her to have lived a full life (WTF?). He concluded that the actions of the *doc,* while negligent and reprehensible by his standards, wouldn't mean anything given her age and the fact she didn't work/was relatively wealthy.
Anyone out there know if this is accurate? If she had another month, another week, even another DAY, as far as I am concerned.... then who is a physician to decide when another human being's life ends? My mother's illness was terminal. She had lived with it for many years, and took excellent care of herself. She found special meaning and quality of life when trapped in a body that most of us would consider a living death. She made the most of every single day, and she had that opportunity violently snatched from her. She was afraid of death, afraid she would suffocate to death, and she died as she feared.
As someone with many physicians in his family, I find the idea that going to med school, plus any amount of work subsequent to that DOES NOT give one the right to play GOD.
If anyone out there can advise me, I'd sure be grateful, for my mother's sake. I'm not looking to make money here, but I wonder how many other lives this guy has ended prematurely, given that he deals with acutely ill patients. I don't believe he should be practicing medicine.
Sorry again for such a long post.
It takes GROSS negligence on the part of a physician in order to have a case. AS IT SHOULD BE.
This is true... an oversimplification and perhaps poor verbage on my part.Not so. Gross negligence is considered acting in reckless disregard of the safety or well-being of another. That's a pretty high bar.
Medical negligence is distinguished form ordinary negligence, but the test is similar. Was the physician's care "reasonable"?
In order to determine if the physician's care was reasonable, the standard of care first needs to be established. If the physician's care did not meet the standard of care, it is "unreasonable."
Having established that the physician was negligent, the plaintiff still needs to establish that the physician's treatment proximately caused the plaintiff's injury - meaning that the plaintiff's injury was a natural, uninterrupted consequence flowing from the physician's treatment.
You better have strong evidence because being in medical practice many of the cases are thrown out. I have had people come to us and developed GYNO from TRT and want to sue the dr for not putting them on proper e2 management. It can get crazy and 90% of the time it will not get any where. In past years I have had known dr's to have law suits against them and it is a waste of time and money for both parties unless there is a death or comatosed state induced. One case one of his best patients tried to sue, but she had a past history of doing this so case was thrown out wasting every ones time. Dr's to come testify unless appointed by the court will loose upto 3-5,000 a day in their practice because of it.
It depends... I HATE being an Expert Witness. I charge $600/hr for reviewing cases and writing an opinion and $1200/hr for depositions/court including travel time. I STILL have people wanting me to do it. I tried to charge my way out of doing it, but there are too many people who are willing to pay for my opinion. I only testify in cases in which a Doc was doing something he really shouldn't have been doing, or when a Doc is being sued for something which really wasn't his fault. I do not do 'normal' he said/she said cases. And YES... I make my opinion of the cases merits far in advance of agreeing to testify. If I don't believe the truth of the person asking me, I refuse to testify.But they get paid at least that much for testifying as expert witnesses.
So DR...you have placed yourself above any and all courts, including the Supreme court yet you have no legal training.make my opinion of the cases merits far in advance of agreeing to testify. If I don't believe the truth of the person asking me, I refuse to testify.
.
Dadnatron,I am terribly sorry for your mother's loss. However, you had a phone and could have called 911 yourself. You saw her, you knew her, you thought she should be admitted, and yet you relied on someone who DID NOT KNOW HER... hadn't treated her (at least for years)...
I don't want to sound crass, but this was not the doc's fault. I really feel for you, I truly do, and being a doc myself, this is not about 'old boys club'. It is a simple fact that your mother had a terminal illness (90% lung scar tissue, 6 breathing treatments, continuous O2, etc etc etc.) I know how hard it is to lose someone and the thought is that there has to be someone at fault. But the truth sounds to me, in your case, is that it was her time. Medicine MIGHT have had some heroic measures to keep her around a few more days or a few more weeks, but the fact is, your mother's health was not conducive with her living for long.
I would not pursue this legally, because you will get nothing but frustration and MORE resentment.
Courts have nothing to do with facts. They rely on theory far more than I do. If a 'fact' was obtained 'against the law' then it is thrown out, regardless of whether it was true or not. If a lawyer can twist words around to make something sound other than how it was meant, that is legal.So DR...you have placed yourself above any and all courts, including the Supreme court yet you have no legal training.
my earlier post may of been wrong re the redskins cheerleader but others were fooled too. I really do feel it is not long before my mother dies from a lethal combination of drugs
perhaps your majesty will let the courts do their job if, or when, she dies.
I really did not seek to beat you up but you scare the hell out of me.
Dadnatron,
I appreciate your response to my post. I very much appreciate your sensitivity. I understand where you're coming from. And the only Expert Witness authority I can offer is in achitecture -- a far cry from the human body. But this isn't about attempting to pursue a malpractice claim; it never was. My point was only what I perceive as the gross injustice of the system...and I am trying to reconcile at least some of this.
Let me fill in a couple of gaps in my previous post... then tell me if you're still in exactly the same place, please:
This individual, this pulmonogist, saw and examined my mother at least once a week AFTER she dismissed him as her chief pulmonologist. He WAS part of the same group until very recently. My mother spent the bulk of her final three years here in acute care on the pulmonary floor, and he was on call often. She had no choice. He knew her case well. And I now know being on call to him meant making rounds, but NOT taking telephone calls for true emergencies after hours. (?)
After he hung up on her, I tried calling back myself, through the service. The operator said he was not allowed to connect ANYONE, not even other physicians. It made sense when he phoned and explained himself the day I was getting dressed for her funeral. Should I have immediately turned around and phoned 911? ABSOLUTELY! But I didn't, and I'll never be able to forgive myself for that. I turned her concentrator up as high as it would go, and didn't think to call for a couple of hours... by which time she was anoxic, I suspect....now.
But the physicians she knew ammd she trusted ALSO convinced her NOT to listen to the specialists at the Cleveland Clinic, who had reviewed her medical records, and were encouraging me to bring her for in-person evaluation for the lung transplant program. I've went to the Cleveland Clinc with the records -- they don't have time to play games there. They have a small city to run, as I'm sure you know better than me.
I may not be able to forgive myself, may have no legal recourse against the individual "physician" who hung up on her instead of admitting her... but HE chose when she died, and I would like to make some sense of it. I cannot understand how what he did was okay... like I said, it is not about legal recourse.
But look at some of the other posts here. Should this pulmologist, or any human being, have the right to decide when another person's life ends... or how? (non-rhetorical)
We place both our trust, but our very lives, in our physicians hands. The only ones that have ever trusted me have been related to me. Most people are afraid of their docs.... this goes beyond biomedical ethics, to the simple matter of pragmatics and moment-to-moment choices. Do you disagree?
I didnt know AI were not approved for men, thanks for heads up.
good point, especially true when DRS like dadnatron will say anything to defend other DRS.I can tell you are wasting your time, and you are just going to become more disappointed as you become entrenched. Bleed your heart to your friends/loved ones, and then just let go of it. Life's too short to suffer, and that's what you are doing.
Keep on keepin' on.
While I am sympathetic, I dont think this is the appropriate forum for these sorts of issues. We're not doctors, and can only suggest ideas re things to pursue; we can't speak to the standard of care. What members think should have been done in a particular circumstance most definitely is not the standard of care, even if if would have been the best care.good point, especially true when DRS like dadnatron will say anything to defend other DRS.
Given that the 3rd leading cause of death is malpractice, DRs have and will continue to get away with murder, literally.
on 4 separate occassions my mother has been to the DR, been given medication, then spent the next 15 hours in the emergency room after the inevitable interactions.
Dadnatron has inspired me to begin looking for malpractice attorneys to overcome the apologists like him. I really do think Drs will kill my mother at some point, then walk away blameless.
this is all for the treatment of restless leg syndrome, which seems to be treatable with vitamin b supplements, but Drs keep giving her weird chemicals so they can get a bigger kickback.
I can tell you are wasting your time, and you are just going to become more disappointed as you become entrenched. Bleed your heart to your friends/loved ones, and then just let go of it. Life's too short to suffer, and that's what you are doing.
Keep on keepin' on.
what is it you think you know that I don't and why is malpractice questions inappropriate for this board. You sound as incompetent as my endo.You haven't a clue what I know, and what I don't know; but I can tell you one thing for certain, based on your posts that I've read, I know a lot more about the issues of which you complain than do you.
I suggest a little humility if you want to learn. And again, your thread is wholly inappropriate for this board, and you will learn soon enough from a moderator. Try complaints.com.
So DR...you have placed yourself above any and all courts, including the Supreme court yet you have no legal training.
my earlier post may of been wrong re the redskins cheerleader but others were fooled too. I really do feel it is not long before my mother dies from a lethal combination of drugs
perhaps your majesty will let the courts do their job if, or when, she dies.
I really did not seek to beat you up but you scare the hell out of me.
good point, especially true when DRS like dadnatron will say anything to defend other DRS.
Jinxie you are certainly a mean angry little sheep arent you?You've already been told why you have no malpractice claim, you big dolt. Even if your doc did commit malpractice, which he most definitely did not, you're not injured, dumb ass.
You ought to sue your parents for conceiving such a stupid child.
Got my MRI results back today and I have a growth on my pituitary that my doctor said could be causing my hormonal problems. Said he will recheck in 6mths to a year to see if anything changes. I have been taking Armidex for over 2wks and in another two weeks we will retest my hormone values. If my total testosterone hasnt improved we will begin with 200mg T shots/wk along side of HCG. Previous lab tests have him concerned about my cortisol levels which is why he has held off prescribing Armour for my thyroid yet. Also below range is my IGF and GH, which he is retesting to make sure.Jinxie you are certainly a mean angry little sheep arent you?
Do you think damages are always going to just slap you in the face? What about the fees the mapracticeor charges....every time I see a Dr it costs $1000 when you add in lab fees etc?
What about having your dieing father tell your mother that you are lazy and will take advantage of her for the rest of your life....when your free t3 count is .7 range 1-5 and testosterone is 180 range 250-850? and every Dr you see says you are "just depressed and need prozac"?
I tried not to reply to this thread because i hate it but people (sheep) like you are the reason prozac and lipitor pushing drs are bankrupting the entire country while enriching themselves.
and cpelll dadnatrons apparent blind defense if any and all actions committed by a dr is the definition of "whore".
If there's no injury/damage, it's not malpractice, just a putative breach of contract. Don't pay the bill if you are discontented and don't think you got what you paid for.Jinxie you are certainly a mean angry little sheep arent you?
Do you think damages are always going to just slap you in the face? What about the fees the mapracticeor charges....every time I see a Dr it costs $1000 when you add in lab fees etc?
What about having your dieing father tell your mother that you are lazy and will take advantage of her for the rest of your life....when your free t3 count is .7 range 1-5 and testosterone is 180 range 250-850? and every Dr you see says you are "just depressed and need prozac"?
I tried not to reply to this thread because i hate it but people (sheep) like you are the reason prozac and lipitor pushing drs are bankrupting the entire country while enriching themselves.
and cpelll dadnatrons apparent blind defense if any and all actions committed by a dr is the definition of "whore".
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