- 10-30-2009, 08:34 PM
- 10-30-2009, 09:09 PM
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
- 11-01-2009, 10:50 AM
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.
11-01-2009, 02:38 PM
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.
11-01-2009, 03:20 PM
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.
11-01-2009, 04:02 PM
11-02-2009, 11:14 PM
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]
11-03-2009, 01:40 PM
11-03-2009, 02:41 PM
11-03-2009, 03:00 PM
11-10-2009, 11:58 PM
Physician abuse/ malpractice in older adults...
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.
11-11-2009, 03:05 PM
11-11-2009, 03:17 PM
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.
11-11-2009, 03:25 PM
The Historic PES Legend
11-11-2009, 03:41 PM
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.
11-11-2009, 04:51 PM
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.
11-11-2009, 04:55 PM
11-12-2009, 02:40 PM
11-13-2009, 12:22 PM
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.
11-13-2009, 06:40 PM
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.
11-13-2009, 08:29 PM
not to highjack, but
dadnatron for being a Dr and the way you totally missed the point in my thread about Evista in my opinion you are by no means qualified to be an expert in any medical situation.
11-14-2009, 07:03 AM
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, [B]who had reviewed her medical records, and were encouraging me to bring her for in-person evaluation for the lung transplant program.[B] 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?
11-17-2009, 01:28 PM
I merely make a determination on how I view the case, and decide whether I will testify or not. If I do not believe the individual or I disagree with a proposition, I do not testify. It is that simple. I am not deciding the OUTCOME of the case... I am deciding whether MY TESTIMONY and therefore MY WORD is condusive with my belief. You can say whatever you want to whomever you want, however, I will always say what I believe or be silent.
If the lawyers don't like it, there are MANY MANY hired guns/MDs out there who will 'state' whatever the lawyer needs in a way to 'pursue' their case. I won't have my words twisted, merely to fit a case.
11-17-2009, 02:04 PM
Concerning Cleveland Clinic... It is overrated concerning so very much, and yet it still gets such incredible kudos... you know why? Because if you take all the cases which are referred to TCC and all the outcomes, they have a success rate of about 3-6% via relatively heroic measures over the general pupulation of medicine. The hospitals within your own city will have a 'success rate' which varies greater than TCC. However, when people 'go to TCC or Mayo' they feel they are getting the ultimate care. I am NOT knocking them, they are excellent, however, they practice medicine in a kind of vacuum. Not in the real world. They see the 10 oddest cases in the country, and 4 of them might live longer than their 'home town' physician thought they would. ALL the credit for that time is given to TCC/MAYO. The other 6 are lost, because no one hears about the 'usual' cases. ALSO, they rely upon Heroic measures in order to get to those 3-6% far more often than the general population. That is fine, however, the world can't all have lung transplants. And usually, it is the MOST INVOLVED people, who go to TCC/MAYO and therefore, are the MOST ACTIVE in their own care.
I am just saying that the numbers at these facilities are skewed, and unfortunately generally overly so, by the general population. You shouldn't necessarily ignore them, but realize the source and what is available in general.
And finally, concerning your question about when/if anyone should have the right to say how long someone lives? My answer is no, absolutely not. No physician has the right nor the responsibility nor the power to make that statement.
I am sorry for you and your loss... but I see this sort of thing almost weekly. There is almost ALWAYS something which could have been done differently somewhere along the line. There is almost always something which could have been done better.
But eventually, it all comes down to the fact that EVERYTHING which was done, prolonged and improved the life of the patient more than doing NOTHING would have. Without medical care as it is today, probably half the people reading this board, wouldn't be here for one reason or another. I would not... I had a ruptured appendix at age 20. I had a reaction to the antibiotics, and was in the hospital for 7 MORE days than I would have without the abx. Was I upset??? NOPE... because I wouldn't have been around had those docs not done what they did.
People might think that I am putting myself above the law, however, I will tell you, the lawyers in my city send me things SPECIFICALLY because I pull no punches. They trust what I have to say, because they have learned that what I say is truth, not looking for a paycheck. They listen to my thoughts because I can save their client alot of time, money, and frustration. If I tell a lawyer I won't testify, they certainly have the option of finding someone who will. If they didn't think my thoughts weren't valuable to their case in the manner in which I present them, there wouldn't be 3 cases sitting in my 'to do box' at this moment.
11-19-2009, 03:20 AM
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.
11-19-2009, 05:15 AM
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.
11-19-2009, 10:47 AM
11-20-2009, 04:21 PM
11-20-2009, 11:50 PM
11-21-2009, 04:07 AM
When have I continued asking how to pursue malpractice. That talk was ended a long time ago basically I wanted to try and humilate the doc. Get your head out your ass and stick to less complicated subjects that you might have the chance of understanding.
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