To sue or not to sue?

Discussion in 'General Discussion' started by Alucard77, Oct 21, 2012.

  1. Alucard77

    Alucard77 Kaon Gladiator Champion

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    So, I have an interesting question here and want to find out people's opinions here.

    As many who read this know my dad has Stage 4 cancer. So while gathering records we found something very interesting. In July my dad went for a MRI of his lungs because they said he had Namonia (sp?). Well his results from the radiologists told the dr to do normal treatment and send my dad back for a follow up scan in 4 weeks.

    Problem was, the douche bag never told my dad this. Once my dad stop coughing, he said my dad was fine. Even though this is against what the Radiology people said.

    So now my dad has stage 4 cancer. Not sure how long he had it for. But here is question. Would you guys sue if you were in a similar case? Some of the things to keep in mind is:

    - he would have had 2 months advanced notice
    - survival rates for stage 1 and 2 are closer to 60%
    - survival rates for stage 4 is less then 10%

    So what do you guys think. I know people hate lawsuits and stuff. But trying to see if this is ridiculous of his shit dr or if this is just normal? I mean, this douche bag may have been the difference between my dad living and dying.
     
  2. Rusty24

    Rusty24 Well-Known Member

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    Considering the fact that we're talking about a person's life, I say go for it. You're entirely justified to be upset and sue them.
     
  3. exclusacon

    exclusacon Expert with the Scopes!

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    Sue for everything they got...with holding important information that could have change the direction your father taking......take his license away....
     
  4. MetalRyde

    MetalRyde is an a-hole with a heart. RIP Spike and Mojo.

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    sue them.
     
  5. Chalice

    Chalice ليس هناك ما هو صحيح، فكل

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    Okay. first, ignore EVERYTHING said in this thread.

    Second, go find a lawyer who's willing to advise you(a family friend would be preferable).

    Third, listen to THAT person. As he/she will be the only one who knows what they're talking about.

    Sueing someone opens you up to shittonnes of personal vulnerability, and doctors have high powered lawyers behind them. Searching for legal advice on TFW is not a good start.
     
  6. Alucard77

    Alucard77 Kaon Gladiator Champion

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    Of course, I agree. It's just the shock that this douche bag is so fucking negligent. I am pissed at my folks as well. I told them to switch this fucking doctor in the past, I just had no idea it would lead to shit like this.

    TBH, this was more of a thread to throw it out there to get it off my chest. At this point, there is no energy for something like this, our full energy goes to all the stuff that surrounds this situation that no one even thinks about.

    If my dad passes, I will do exactly what you say. At this point, I have no clue where this would even fit into our lives besides being a distraction which is not needed.
     
  7. Malach Ra

    Malach Ra TFW2005 Supporter

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    Prolly the best advice you're ever going to get on here. End the thread and do what he says.
     
  8. daitarn red

    daitarn red bionic hero

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    other sue thread
     
  9. Chalice

    Chalice ليس هناك ما هو صحيح، فكل

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    Fair enough, and I figured you were just venting. But I wanted to get that in there before we had five pages of 'ZOMGSUE!!!! GET YO MONEY, 'BRO!'
     
  10. Alpha_&_Omega

    Alpha_&_Omega From the Covenant of Primus...

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    You may want to consult a qualified medical lawyer, but if it was a judgement call on the part of your father's Dr, then you're not going to get anywhere. If you can prove that it was general neglect on the DR's part, then you may have a case, however the burden of proof is on you.

    Before you do anything, take a step back and figure out what exactly you're trying to accomplish. Right now, your Dad's health and happiness should be your top priorities. Definitely get him the best treatment available, and make sure the new team has no ties to the old physician before you throw any legal papers around. Doctors are people too and their judgement may be skewed if they know you will go to lawyers regardless if your reasons are justified or not.

    Personally I'd look in to the statuet of limitations in your state regarding medical malpractice and pursue legal means after the issue has been medically resolved.
     
  11. Tekkaman Blade

    Tekkaman Blade Professor of Animation

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  12. Ravenxl7

    Ravenxl7 W.A.F.F.L.E.O.

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    I say go for it. Definitely seek some professional advice on it and do things right. We were extremely lucky that my mother's cancer was caught at stage 0. Can't imagine what things would have been like if it was caught later on. Most especially if it could have been detected earlier if the doctors were doing their jobs properly.
     
  13. Ratchets Hatch

    Ratchets Hatch Medic

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    Listen to this man. As far as I know, no one here is an expert on the legal obligations of medical professionals. Talk to an attorney. My family dealt with a court case for over a year - filing a lawsuit is nothing to consider lightly.
     
  14. Alucard77

    Alucard77 Kaon Gladiator Champion

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    Yeah, 100% agree with you on this. This was done to vent.

    Tbh, this wouldn't be done for the money even. This doctor has been a douche bag for years. My mom use to complain about him for many reasons, but my dad kept going to him because he was the one who worked with him on his initial heart condition. So he wouldn't give him up.

    The reason I would want to sue this sob, is 2 fold. If my dad does indeed pass, it would keep my mom busy, since we are so worried about her as she literally lives for my dad. Secondly, if he did this to my dad, how many other people can he be doing this too as well.

    I don't think a Dr. should be able to trump another Drs. opinion without telling the patient of what the Radiologist said. The money may help my mom in the long run, since Cancer treatment is tremendously expensive, but it doesn't mean shit.

    If he thought twice about this shit for the next patient and it saved that patients life, it would be well worth any law suit.

    Just so you know, there is no way in hell we would sue now. It would only be after.
     
  15. Scantron

    Scantron Well-Known Member

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    Sounds like it would be worth talking to a lawyer. They'll be able to let you know whether you have a case better than anyone on this forum.

    Now, if you had a question about intellectual property law, there are any number of amateur lawyers in the 3rd party forum who'd be happy to help.
     
  16. MTME

    MTME Well-Known Member

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    and don't forget doctor's make you sign those lovely pieces of paper sometimes saying you either won't sue them or agree to arbitration or something like that.
     
  17. Alpha_&_Omega

    Alpha_&_Omega From the Covenant of Primus...

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    lol, yeah... a funny thing about the stuff we sign and how often it holds up in court. We are made to think its iron clad, but its not. A good lawyer can get you out of a contract.


    Alucard77,

    if you truly feel that you need to right a wrong or make an example of a Dr who isn't qualified to wear the mantel, by all means, sue his ass to a cross.

    On the other hand, too many people these days are quick to jump on a lawyer crazed gold rush that generates a direct carmatic effect. Ultimately doctors don't pay for the damages awarded in malpractice suits, we the patients do. Doctor or not, we're all a patient at one point or another and the malpractice insurance fees that even the good doctors have to pay are then passed on to us as the bottom line of any service provider, regardless of industry, will be passed on to the consumer.

    Just some food for thought, as you (Alucard77) are dealing with an extremely rough situation now, I encourage you to bail as things are about to get "real".

    Now to every one that said 'sue, sue, sue!',

    I'd like you all to place your hands on your back sides and push as hard as you can until you hear a "POP". That "POP" would be the sound of your head leaving your ass. There's no need to be alarmed by the bright lights or fresh air, that's normal.

    Seriously, follow the money. As he old adage goes, "there's no such thing as a free lunch".

    The sue happy culture that the American judicial system fosters is analogous to nation wide masturbation as we are only fucking ourselves.
     
  18. KA

    KA Well-Known Member

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    Feed him to the sharkticons!
     
  19. Alpha_&_Omega

    Alpha_&_Omega From the Covenant of Primus...

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    .. OK, even I can get behind that, assuming the Doc is truly at fault. Put it on pay-per-view with exclusive rights to capitalize for "on shore" USA companies. Boost our economy and deal with those that hurt rather than help. Two Seakers, one plasma bomb!

    Also, a residual lesson two those in the medical field, my father and sister included, bring your "A" game or the lives you jeopardize could be your own.
     
  20. TrueNomadSkies

    TrueNomadSkies Well-Known Member

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    Dammit, I wanted to say this, but Walking Dead was on & I couldn't afford distractions. :(