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2023-11: Warosu is now out of extended maintenance.

/biz/ - Business & Finance


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20246711 No.20246711 [Reply] [Original]

I’m not sure if this is the right forum to post on but I need some advise.

A friend of mine is was complaining about lower stomach pain so I took him to the hospital and they told him he was just constipated. They sent him home with laxatives and thought that was it. However, a few days later the pain became unbearable. I drove him back to the hospital and it turns out his appendix ruptured. They didn’t do the surgery until the next morning.

He came out of the surgery emend was told his appendix had been removed and sent him home. 2 weeks later, the pain was back and even worse, turns out his appendix burst. They never removed his appendix and lied to him. He went under surgery immediately and had it removed. He got on the phone immediately after to get in contact with a lawyer. Now my friend is fucking terrified of hospitals and just the thought gives him panic attacks because he could have died because they fucked up.

Do you guys think my friend has a multi-million dollar lawsuit and do you think he can win?

>> No.20246761

>>20246711
Sounds like the Doctors' are pretty fucked. He should be able to get a good lawyer for practically free (but they are going to take a ton of the eventual settlement money).

>> No.20246816

Sue the ever living fuck out of them. It's what burgers do best right

>> No.20246818

>>20246761
>but they are going to take a ton of the eventual settlement money

This is also what I’m concerned about. Any advise?

>> No.20246860

>>20246711
yes sue their fucking asses off, that kind of behavior is a disgrace to the medical community. What you want to do is contact your best local lawyer, doesnt matter what type. Hire him, normally a 10k initial fee, then he will likely be able to get you in touch with the best med malpractice lawyer. Local lawyers are very connected, and it pays to be locally connected. If you try and get to a med malpractice lawyer directly, you may get scammed as hard as you did in the hospital. You will need around 30k capital to start off the suit. If the lawyers think it has any legs, you will be able to get a loan if you need more capital as a settlement is likely. Probably looking at a 300k+ settlement if you play your cards right. Collect all relevant records. Paper evidence is better than boo-hoos.

>> No.20246884

>>20246818
See if they will settle out of court. Less work and less lawyers involved.

>> No.20246987

>>20246884
True, the hospital is privately owned.

>> No.20247020

>>20246711
Double down and put his appendix back in to strengthen the case. Then it'll be two instances of a "removed" appendix that's still there. At $5 million per appendix, that's plenty to retire like a king in Thailand with as many ladyboys as your friend wants. Hope this helps.

>> No.20247046

>>20247020
Ahaha, brilliant.

>> No.20247073

>>20246818
My father got super fucked up from leukemia and a bone eating bacteria that got into his spine. The doctors caught the leukemia early and picked up the bacteria on one of their tests, but apparently they guy in charge of that part forgot to tell the rest of the team so my dad ended up losing 6 inches of his spine. Ended up losing his contracting business too because of the whole ordeal. When he sued, the doctors settled out of court for I think around 4.5 mil, of which the lawyers got half. If you can get a better deal than that, I encourage you to do so, but in the end the money that my dad got still set him for the rest of his life regardless.

>> No.20247342
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20247342

>>20246711
Lawfag here, I don't believe this story but just rolling with it as a hypothetical. This certainly looks like a valid cause of action, but let's skip to the money part. The amount of money that can be recovered is going to depend on a few factors - first, where is this? Some counties, particularly in big cities, have juries that routinely pinch out million-dollar tort verdicts, and laws that don't prevent this. Next, what is your friends life like? Is he professionally educated and well paid but now incapable of working - or is he a gamerfag who now has the sads because the hospital fucked up? This will determine how 'damaged' he is, for the purposes of calculating what amount of money will make him 'whole'.

I'm not seeing big money based on what you wrote, but add a few more factors that could change.

>> No.20247455

>>20246711
>>20247342
Also, was it a state-run hospital? States have sovereign immunity, so their laws usually limit recoverable damages, and prohibit punitive damages.

>> No.20248004

>>20246711
yeah, if that is true, i've never heard of medical malpractice that bad, that almost sound intentional bordering on criminality. idk how much of a settlement you might get but always start at the max and work your way down, start at 10 or 25 mill. find lawyers and paralegals that will work with you with no up front costs, and you can pay them after the case. get a free consultation or assessment, estimate the value and determine an amount you can pay them. this sounds llike an easy win OP

>> No.20248071

>>20246711
sue for long term psychological damages. being traumatized by a "healthcare" facility must have put your friend in some kind of existential nightmare.

>> No.20248199

>>20246711
amongst other things, the malpractice, the trauma and forced exposure to fraudulent healthcare repeatedly. the long term fear of ""healthcare"". the attempted murder? on behalf of the facility staff. the mishandling and misdiagnoses of the problematic appendix.

they may try and settle out of court to keep the lid on this while the do internal investigations, your call how to progress. it's likely there are many others like yourself out there and you should warm locals in the area.

>> No.20248246

>>20247342
I don't disbelieve you, but that is so deeply and utterly fucked. So when a damaging event occurs to a rich person they get more money out of it because they're rich? Not even because they can afford better lawyers or whatever, but literally just because they're rich so it takes more money to make them 'whole' again? A body is a body and malpractice against that body should merit the same punitive payment regardless whether that body is rich or poor.

Kinda seething right now tbdesu.

>> No.20248285

>>20248199
maybe warn them, don't warm them

>> No.20248327

>>20248004
>10-25M
No. Apart from being totally arbitrary, if you open with that, the insurance company will know you aren't serious and will dare you to ask a jury for that amount. Meanwhile they will investigate the shit out of your friend and expose any unhealthy things he might have done to cause or exacerbate his injuries, and any exercise he ever does that shows he isn't really injured.
>lawyer fees
This type of case is a case that an attorney will work on for a 33 contingency fee.

>> No.20248350

>>20248246
what is loss of earning capacity?

>> No.20248700

>>20248246
How do you quantify damages? If an engineer earning $350,000, 40 years old, married with three kids is injured through someone's negligence and can't work, you can put up numbers about the loss of wages, and home and cars and such, and throw in the wife's cause of action because she's not getting as much d as before (seriously!), this would add up to a lot more than a single 22 year old GED-grad NEET who's never earned more than 10k in his life. Sure the recoverable medical bills may be comparable, but the other effects to many areas of life might be quantifiable to highly varying degrees. Pain and suffering may be greater in the engineer's instance because he will be perceived to have a greater loss of enjoyment of life, because of what his social structure was, not because he was rich.
If punitive damages are in the picture (in a negligence cause, they aren't), the focus would be less on the individual plaintiffs and more on the contemptibility of the defendant's tortious conduct.
Courts of law can order no other remedy than that money change hands. It's a numbers game, but a court isn't a slot machine.

>> No.20248837

>>20247020
lmfao

>> No.20249601

>>20246711
I'm a doctorfag in the US (finished residency last year) and all I could think reading this is it sounds like the standard of care for a third world country, and this would not happen in murica.

>>20246818
>advise
Knew it.

Why are you asking a mostly US board about malpractice in another country? The laws are different. Maybe if your friend is lucky he can get a goat from the settlement.

>> No.20250452

Tell your friend to drop off the curry a little bit and he will get better soon

>> No.20251185

>>20250452
Boomer detected.

>> No.20251624

>>20249601
I too am a doctor fag and you're delusional. There are REALLY shitty doctors out there. The US is probably the most heterogeneous first world country in terms of quality of care.

>> No.20251704

>>20247020
kek

>> No.20251772

>>20246711
I am suing my insurance company for bad faith. It’s a fucking nightmare but will hopefully be better than declaring bankruptcy and walking away from my house.

Your friend should go talk to an attorney or two to see what his options are. If one of them thinks he has a strong case they will take it on contingency. Let me know if you have any questions. My attorneys have been great but the process is horrifically shitty.

>> No.20251780

>>20251624
There are diversity hires, but then there's:
>Guy comes into ER and needs appendectomy
>patient is given a bed
>patient is put under for surgery
>patient apparently just gets left their while the anesthesiologist waits for a surgeon that never comes
>Literally nobody notices or calls attention to the guy in bed 4 who's been prepped for surgery

Outside of Bangladesh, the only excuse would be if the surgeon was pulled for something much more severe, and even then they wouldn't just let him wake up, walk out, and not tell him 'oh by the way you never got operated on'. Also, wtf even happened in this story? Are we to believe they just randomly put a cut on his lower abdomen, sewed it shut and called it a day?

>> No.20251803

>>20246711
is this a hospital in Texas?

>> No.20251874
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20251874

>>20249601
you're fresh out of residency, you basically should shut the fuck up. nobody even respects you, especially so that you take time to post on a basket weaving forum. so you're probably one of those creepy residents that nobody wants to be around/work with.