How and where to report malpractice....
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 am not a medical Dr, please keep in mind that this answer is for information purposes only, and is not intended to diagnose, treat or replace sound medical advice from your physician or health care provider.
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.
Sounds more like Off-label prescription if that's the only complaint. Malpractice is a huge difference and usually requires some kind of loss on your part... And pretty much any laywer would take a valid malpractice case with them only taking money that you were awarded.
Well not only was it off lablel it didn't even address the problem I wad having.
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:
[ame="http://www.youtube.com/watch?v=IlCccUyxDrA"]YouTube - FLU SHOT Permanently Disables Washington Redskins cheerleader with Neurological Disorder[/ame]
M.Ed. Ex Phys
I didnt know AI were not approved for men, thanks for heads up.
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.
You take a certain responsibility and understood risk while taking any medication. Did you ever wonder why they state EVERY side effect found during the study? Because when you cry about this or that... they can simply point to the study and say "**** Happens... not often, but it happens." It is NOT the fault of either the MD or the pharma company when it occurs. Unless they are both covering up facts to the contrary, bad outcomes or unwanted side effects will NEVER win in court. AND THEY SHOULDN'T. It would shut down medicine.
People have died because they took Aspirin... should they take aspirin off the shelves? Hell... people die because they drink too much water... What then with the whole 8 glasses a day thing?
But... if you want to complain... go to the State Medical Board. They are the ones who will look into it.
The Historic PES Legend
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.
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.
I could make so much MORE money being a full time expert witness, but I didn't spend 16 years after HS so I could sell out my abilities.
I absolutely despise the legal system.
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.