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Posted on 12/20/15 at 10:52 am to VaBamaMan
Just when I thought I've seen it all on the OT I see a thread like this
Posted on 12/20/15 at 10:54 am to VaBamaMan
This is what's wrong with America in general and with American medicine.
The kid is not even having problems and you're already looking for legal advice.
"Mental trauma"...give me a break!
The kid is not even having problems and you're already looking for legal advice.
"Mental trauma"...give me a break!
Posted on 12/20/15 at 10:55 am to VaBamaMan
What does your wife think about all this?
Posted on 12/20/15 at 10:56 am to el Gaucho
quote:
Why are you forcing your baby into a gender so young? That's a personal decision for the child to make
Posted on 12/20/15 at 10:56 am to VaBamaMan
Ok so.
First off, If you have any questions, go see a lawyer.
But, I do practice Malpractice from the Plaintiff's side
Without going into great detail or giving you any advice specific to this case, this might be a known risk for the procedure, which would make this NOT malpractice. There are risks to every procedure, and every "mistake" or bad result, is not automatically malpractice. Malpractice requires a rather specific mistake, as opposed to improper healing, or a slight slip during a procedure. Go speak to a lawyer that can give you advice on your specific situation.
As far as what you COULD recover in a Malpractice action, there is a $500,000 cap on damages for the "mental" stuff, pain and suffering, etc. You would also be entitled to have all of the medical bills paid for fixing the issue.
Edit: I am not in Alabama, have no idea on the law there.
First off, If you have any questions, go see a lawyer.
But, I do practice Malpractice from the Plaintiff's side
Without going into great detail or giving you any advice specific to this case, this might be a known risk for the procedure, which would make this NOT malpractice. There are risks to every procedure, and every "mistake" or bad result, is not automatically malpractice. Malpractice requires a rather specific mistake, as opposed to improper healing, or a slight slip during a procedure. Go speak to a lawyer that can give you advice on your specific situation.
As far as what you COULD recover in a Malpractice action, there is a $500,000 cap on damages for the "mental" stuff, pain and suffering, etc. You would also be entitled to have all of the medical bills paid for fixing the issue.
Edit: I am not in Alabama, have no idea on the law there.
This post was edited on 12/20/15 at 11:00 am
Posted on 12/20/15 at 10:56 am to Ex-Popcorn
La.'s medical malpractice law requires a physician or any other medical provider to provide medical treatment that meets the average standard of care; i.e. as noted, shite can happened but the malpractice committed has to be a breach of the average standard of care. Ex: forgetting a sponge in a stomach post surgery is not malpractice, as that is a standard risk of stomach surgery. Too, there is not a lot of $$$$ to be made in medical malpractice complaints, so most atty do not want to mess with it. Finally, the complaint procedure itself is somewhat rigged towards the physician, up to a point, and takes forever to get resolved. And then there is the matter of actual damages. There is no pain & suffering award in medical malpractice complaints. Get a second opinion before going to an atty...if you can even get an atty to take this...small of a case. ( pun intended, sorry )
Posted on 12/20/15 at 10:57 am to Keltic Tiger
quote:
There is no pain & suffering award in medical malpractice complaints.
Don't talk about things you don't know about.
Posted on 12/20/15 at 10:59 am to VaBamaMan
Risk is built into every procedure if you can't prove the dr did something grossly outside normal practice or something negligent then you have zero case. I also think you are a piece of shite for your mind set going straight to suing your doctor. You are part of the reason health care cost so fricking much.
Posted on 12/20/15 at 11:01 am to Mrtommorrow1987
quote:
I also think you are a piece of shite for your mind set going straight to suing your doctor
I agree.
Posted on 12/20/15 at 11:02 am to VaBamaMan
(no message)
This post was edited on 12/20/15 at 11:03 am
Posted on 12/20/15 at 11:03 am to Rouge
quote:Exactly. How dare they know what their legal rights are?!!
Why is everyone always so damn quick to call a lawyer??
Posted on 12/20/15 at 11:04 am to VaBamaMan
Don't they use a needle to inject lidocaine before performing a circumcision? Wouldn't that explain the pin-hole? And pus is a sign of infection, isn't it? I doubt there is anything wrong. Otherwise, the doctor would've done something about it.
Don't be a POS who thinks he needs to sue someone over every little thing.
Don't be a POS who thinks he needs to sue someone over every little thing.
Posted on 12/20/15 at 11:06 am to tigerpimpbot
quote:
As long as the doctors are telling you everything is fine and that is documented, the statute of limitations is tolled (for the most part). As soon as a Dr documents that there might be a problem, the clock starts running on the SOL. Keep that in mind.
This is fricking terrible legal advice. Medical malpractice has a three year peremptive period. Why would you even say this? Are you a lawyer? This post was edited on 12/20/15 at 11:08 am
Posted on 12/20/15 at 11:06 am to VaBamaMan
I'd keep an eye on it and, if smegma continues and the hole doesn't seal, see a lawyer.
As an aside, my nephew on my wife's side of the family had a circumcision right after birth. He stayed in the hospital for a few extra days for UV therapy. On his second night home the parents discovered a diaper full of blood from the circumcision area. Rushed him to the hospital and had that taken care of at that point. ER doc said that he was an hour away from dying from blood loss. Lawyer consulted and discussions are on going. Just FYI.....
As an aside, my nephew on my wife's side of the family had a circumcision right after birth. He stayed in the hospital for a few extra days for UV therapy. On his second night home the parents discovered a diaper full of blood from the circumcision area. Rushed him to the hospital and had that taken care of at that point. ER doc said that he was an hour away from dying from blood loss. Lawyer consulted and discussions are on going. Just FYI.....
Posted on 12/20/15 at 11:09 am to Patrick_Bateman
I would get second opinion from another doc. If he/she feels something was done wrong, then perhaps the first doc would agree to cover the cost or refund money from the original procedure. That seems pretty fair.
If there is a problem and first doc says pound sand then lawyer up and draw blood. If that doc will do it to you and tell you pound sand, then probably will do it again. That type of clinician needs licensectomy.
If there is a problem and first doc says pound sand then lawyer up and draw blood. If that doc will do it to you and tell you pound sand, then probably will do it again. That type of clinician needs licensectomy.
Posted on 12/20/15 at 11:11 am to Tigerlaff
2 year SOL for knew or should have known in FL. 4 year statute of repose. Come at me bro
Posted on 12/20/15 at 11:11 am to Chipand2Putts
quote:bullshite. There is not a gotdamn thing wrong with consulting a lawyer to learn what, if any, your legal options are. I have seen many cases where a person is damaged by someone else's fault, but has waited too long to consult a lawyer so it is too late to bring a claim or file suit.
This is what's wrong with America in general and with American medicine.
The kid is not even having problems and you're already looking for legal advice.
"Mental trauma"...give me a break!
Posted on 12/20/15 at 11:16 am to VaBamaMan
Somebody just looking to get paid. Get a life bitch.
Posted on 12/20/15 at 11:16 am to tigerpimpbot
quote:
statute of repose
Now you're just making up words.
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