Medical Lawyer Blog

Multiple states have reformed Medical Malpractice already, and they have seen very little change in health care costs.

Why should we trade legal rights when we have nothing to gain by doing so?

http://www.rwjf.org/pr/product.jsp?id=36768

Because real tort reform would reduce costs. Doctors currently runs unnecessary tests out of fear. The cost of those tests add up. If you can’t see that then I say you don’t want to for some reason.

I went to do my taxes and I want to know if this is true: I had a medical procedure done, but it is consider plastic surgery..I can’t report it. I paid my lawyer to do 2 procedures..can’t report it either (they told me it personal) and the bank, I paid a lot of fees in my checking account, they told me no.

Does anyone know why? If you hire a Secretary or a nanny, you claim them..don’t you. weather it is on payroll or social security number. Why not a doctor or lawyer. And bank fees, they are making money off you, just like an interest, even though there is no contract. Please explain

Medical expenses are deductible IF you paid the expenses AND the expenses are for the prevention or alleviation of a physical or mental defect or illness.

Lawyer fees are deductible IF the fees paid were related to income-producing transactions.

Bank fees are generally NOT deductible unless the fees were for safe deposit box or for certain types of loans.

When you hire a nanny, there is an employer/employee relationship. Now when you hire a lawyer, do you think you can call the lawyer your employee?

i had an auto acc. aug 4 2008.i was taken to ormond memoral hosp.thay did’nt find anything wrong over the next 5 months another hosp. and drs. offices found two broken heels three broken places in my back and a messed up shoulder now i can’t work becouse of ormands mistake the treatment on my back was delayed and it didn’t work i.ve had a hard time takeing them to court and it’s not right people with some silly law cases get them prosecuted my legitmate case cant’ get taken to court.becouse the lawyers won’t get enought money i belive thair supposed help me.

No lawyer is ’supposed" to help you for free on a civil case – either you pay them up-front or they will take a case on a contingency basis IF they think the case is strong enough that they’ll get something out of it. Apparently none of the lawyers you’ve talked to so far think that.

Just wondering if it’s worth me making the leap. I hear there is such a thing as ‘good faith’, where they make acceptions and only accept money if you win, or they do the case out of good spirit to receive credibility/status.

Have you had any luck?

What was the experience like?

How much did it cost?/ Was there ‘good faith’?

Did your future health suffer because of it- for example, did hospitals turn you away for treatment because you’re a person who speaks out?

Where you then able to get the treatment you deserved afterwords from credible hospitals?

Thank you sincerely for your efforts to convey your experiences.

If you wish to have an idea of what I am going through, you may look here on my reviews of the hospital and clinic I dealt with and posted on Google for all to know. I really think we should utilize this tool better. It’s a blessing not to have to endure what someone else had to go through just because they took the care to make sure you could be aware.

http://maps.google.com/maps/user?uid=103747709799296893474&hl=en&gl=us
Well if they actually taught us useful crap in school (k-12) I suppose so many of us wouldn’t have our heads in the clouds with questions about life, then.

And.. I’m pretty DAMN sure I have a good case. Untreated intestinal problem that has lead to widespread malnourishment in my muscles/tendons and chronic wide spread pain all over my body due to the obvious inability for my stomach to digest needed nutrients. All for, " Yer fine kid, go home and take some pepcid." Didn’t even give me an ultrasound- because WOMEN are dismissed and are not taken seriously especially when they complain about pain, even though our brain makes us more sensitive to pain. More tolerable, but we feel more of it. It’s how we’re wired!

YEUH.. head in the clouds.. Life destroyed by pain, I don’t get to look up and see the hope clouds offer. I don’t get to live mindlessly and freely like everyone else my age gets to take for granted. THANKS DOC.
And you don’t have to tell me everything everywhere is corrupt because I found that out a loooooooooong time ago. We are truly a disgusting species. Not one chunk of good in any of us. SSI, VA, Dr.s, lawyers, The World Government, welfare, school systems, corporate offices, pharmaceuticals, psychiatry, endless list- all corrupt. I’m not as innocent/stupid as I look.

Medical malpractice cases are always taken on a contingency basis. This means the attorneys do not get a fee unless you win and collect. This means that unless you have a very good case with a very big pot of money at the end of it, they will not take your case.

Additionally, every lawsuit has costs and Medical Malpractice costs are very, very high. You are ultimately responsible for these costs regardless of whether you win or lose.

Lawyers do not take cases out of some kind of good faith. They take cases to make money.

Please get your head out of the clouds.

Everytime anybody mentions that 45 million American’s can’t afford health care, or the fact that health costs in America rise about 15-20% every year for the last couple of decades, the right wingers always try to change the subject and start talking about "frivolous lawsuits".
Where are these frivilous lawsuits? Where are the people who file these "frivolous lawsuits"?
Can anybody give me ANY examples?
I can cite 45 million examples of people who can’t afford health care in our terrible system. Can you cite ONE example of a frivolous medical malpractice lawsuit?
What is the matter with you retardicans? I ask for examples of "frivolous lawsuits" related to medical care and not one of you gave an example.
One cited the McDonalds "hot coffee" case. That’s a product liability case not a Medical Malpractice case. Do some reading please. Another talks about "ambulance chasers" and "slip and fall" lawyers. Apparently he doesn’t understand that the negligence in those cases happened before the patient ever even got to the hospital, therefore those cases have nothing to do with medical malpractice either.

This is just another case of blaming victims.

There was not enough money to pay the entire bill. The Doctor will not negotiate with the Lawyer for less. What will happen with the Lawyer and the Lein on him, when the Judge puts a Judgement on my credit for the bill.

The lawyer will get his cut first, then you’ll have to pay off the doctor.

I visited a Kaiser Permanente Ear, Nose, Throat specialist on Wednesday with what felt like a blockage in left ear. Upon meeting the Doctor, he proceeded to remove two pieces of ear wax that were lodged in my main ear canal. Following the removal of he wax he indicated that my ear drum appeared to be healthy, but that there was some dry skin surrounding the area. As he attempted to remove this skin, he uttered the word "Ooops" at which point I replied, "Oops?" while clinching my fists in pain. He quickly indicated that the dry skin he had removed had managed to break the thin layer of skin around the ear drum similar to what a scab might do if you had scratched it. At this point I was experiencing a moderate level of pain as my ear canal began to fill with blood. He continued to watch my ear canal for approximately 30 seconds before stating that he was going to attempt to stop the bleeding. As he pushed his device into the canal and touched my ear drum, I experienced another shooting pain which caused my fists to clinch yet again. He apologized at this point and said that the bleeding would likely stop soon and that I would be ok.

It’s now three days later and after nearly 2-3 hours of bleeding on Wednesday afternoon, the entire left side of my head is very sore. Additionally, I’m experiencing sharp stabbing pains inside my ear that consistently occur every 5-8 minutes.

My question to anyone here is whether or not I should return to Kaiser (obviously a different doctor) or seek medical advice from a doctor who is not affiliated with the HMO in the event that there was negligence involved. I appreciate the help…thank you.

In most states there are 2 components to malpractice, negligence and damage. While you have some grounds for damage, you may have trouble getting someone to stand up and say he was negligent in doing what he did. I have no opinion either way, but I think you’d be best off to write a complaint to the Kaiser facility Medical Director, and seeing someone else, within Kaiser or not. I don’t think there’s much of a settlement for you in this case, but I’m no attorney, so what do I know?

You brag about your law degree. So let’s put it to the test.
How come Lawyers can sue past what the person is compensated for?

What is the value past the medical costs consisting of?

Oh that’s right, because when you represent the law, you can just bend it to your pockets.

Cap Lawyer salarys. Unless you think justice is something to profit off of.
RU486: Way to defend your arsenal of Liberal loons.

Second, you must be innocent, since you bash Christians. Get Racist. And assume everyone is Anti-American.

Not a lawyer, an insurance broker.

It’s called subrogation. You can look it up here http://en.wikipedia.org/wiki/Subrogation

It’s not an easy thing to understand but it’s not really suing past medical cost exactly. Legal mumbo jumbo, but an insurer can sue on a claimants behalf as well as the claimant creating more than one suit wherein the total awarded is more that the medical costs but in each case not more than medical costs.

In terms of the McDonald’s lady getting awarded millions, I don’t know that one. But I would suspect she was not suing for medical costs. Likely sued for less tangible things like "emotional distress" or some other bs nonsense.

I know I want to go to law school after I get my bachelor’s, but I’m still undecided as to what branch of law I’m going to study. Right about now, I’ve got it narrowed down to corporate attorney, prosecuting attorney, and Medical Malpractice attorney.
So I’m curious as to what they make, even if it’s just an average or frame.

Stay away from medical malpractice. The insurance industry successfully lobbied congress to cap medical malpractice lawsuits in order to limit their costs. Lawyers don’t make much money in that field anymore.

This is actually one of the few moves by insurance lobbyists I agree with.

I am being medically discharged from the US Army and I have to go to Fort Houston to fight for more benefits for the injury that I suffered. Where can I find a lawyer that I can hire, a civilian one? Also, one that does not ask for money up front would be wonderful. Thank you.

Your state bar association has a lawyer referral service. For instance, in Texas it is www.texasbar.com.

There are plenty of civilian lawyers with appropriate experience.

Ask for a contingency contract. That means that the only way the lawyer gets paid is for him to win your case and collect money, from which he will take a percentage (30% or more). If no longer will take it on contingency, they are telling you that winning and collecting are unlikely.