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PostPosted: Fri Apr 22, 2011 12:29 pm 
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Hi Everyone,
I've had a lot going on for the last few months, that's why I haven't been on lately. I do have a question for anyone that can help me. June of 2009 I tried for 100Th time to get off the pills I was on Methadone 120 mg a day and was at the point something had to give. my daughter took me to this rehab that was an absolute hell on earth. On the outside and in the waiting room it didn't look to bad, but I was still scared because I knew what I was in for as far as withdrawing from the Methadone, I just didn't want to be sick and withdraws from Methadone are brutal. When I was being registered I told the nurse I could not take Clonidine the med they give you to lower your B/P because me B/P would plunge she made note of this well, come to find out they were giving it to me anyway and I didn't know it, so on the 3rd or 4Th day after not eating or drinking and just laying in my own body fluids because no one in this place gave a "SH*T" about you and to top it off they put the patients that are detoxing and the patients with mental issues all together, add that in with the place being filthy and smelling like urine and extremely cold you have a hell on earth. So back to the 3rd or 4Th day I tried to walk up to the nurses station and I was just so "DAM SICK" just as I had got about half way down the hall I stared to get really cold and then hot, my ears started ringing and everything started to go black, I knew I was fixing to go down I was just about to the nurses station and I lunged for the counter well the counter had nothing to grip it was like a flat surface there was nothing I could do I went down like the ppl that witnessed it said like a rag doll striking my right eye/brow bone the corner of me eye and i just heard a cracking noise as I hit and went down on to my right elbow. At first they just left me there on the floor until the other patients almost started a riot when the EMTs finally got there my B/P was 59/64 they had been giving me the Clonidine after my daughter and I had put down that I could not take it. The next day which we have pic's my right eye was so swollen and black no blue black that's how bad I had it the side of eye/face. I also had a very small fracture to my elbow. Since this happened I have had problems seeing out of my right eye and has gotten worse. June will be 2 yrs and I only have 2 more months to file a suit I have talked on an off to attorneys and I haven't been able to find one, this was a clear case of neglect malpractice something I just can't get over what they did to me. If someone can suggest on what I can do please let me know .

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Becca.


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PostPosted: Fri Apr 22, 2011 2:22 pm 
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Call an attorney. When it comes to a lawsuit, they will only take the case if they think they can win it. It does sound like a horrible experience. How are you doing in your recovery now?


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 Post subject: Do I Have a Case.
PostPosted: Fri Apr 22, 2011 2:48 pm 
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Hi Lillyval,
Thank you for responding I was offline for a few, and fixing to leave with my daughter and grandson. On April 9Th I had my 1 yr anniversery of being sober, and I must say after using opiate based painkillers for over 24 yrs it's nice to be able to feel again. If I died tomorrow I would die happy the Suboxone saved my life as well as my daughter and her husband who were also addicted, they were abusing Oxy 30's and Methadone well all of us were if we didn't have one we would use the other. I started out as most I needed them when I first started in 1986, I had been given a script for Vicodian which I found out later in the gate way to opiate abuse after 3 surgeries I ended up with the Methadone for the last 6 yrs before I got sober. So the kid's and I are doing everything we can to stay sober and more good has happened in the year since we have been sober. I have to go my daughter is waiting again Thank You for responding and I'm really going to try to find a lawyer before my time runs out.

Thank You
Becca.


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PostPosted: Fri Apr 22, 2011 10:04 pm 
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Well I am no legal consultant but I can tell you from experience that it is pretty difficult to get money out of a medical malpractice case/negligence and just as hard to get an attorney who is willing to try it on a contingency basis. My Mom recently attempted suicide by overdose, was sent to the hospital to be given charcoal and then transferred to the local County Mental Health. Well the next day she somehow was left alone in a room with the door closed and no supervision. Long story short she hung herself and ended up in the ICU for 9 days, in acoma for 3 and presumed brain dead for those 3 days. It has truly been a miracle and she is pretty much completely back to normal and this happened on Mar. 1sr.. We obviously have a case and it is pretty black and white but since she doesn't have significant injuries you basically go for Medical expenses, loss of perceived income, and pain and suffering. The problem with pain and suffering is it is hard to put a price on emotional damage and it is capped in most states, here in CA it is $250,000. You have a residual injury but the problem is the rehab will argue that it wasn't solely due to the clonodine, that the withdrawl also played a part therefore it is hard to prove. Crazy I know and extremely frustrating. I think they are still liable but the problem is getting an attorney to represent you. Hopefully that helps ya a little bit and good luck!


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PostPosted: Sat Apr 23, 2011 12:12 am 
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Hi Rmac04,
Thank you for your advice. And I'm so glad your mom pulled through. Everything you mentioned in your comment that's pretty much the problem I'm having trying to find someone to take my case. But I'm not going to give up I still have until June 25Th that's when the two yrs will be up. Thanks again.

Becca.


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PostPosted: Sat Apr 23, 2011 3:51 pm 
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Rmac made some great comments. Very impressive, Rmac! A lot of people either forget or don't understand that a huge part of any tort (case) is to prove damages. During my medical training, I was given a whopping couple of hours on legal issues but in the most simple of terms four things generally need to be in place and proven:

DUTY: You have to show and prove that they had a duty to provide your care in a manner consistent with the standard of care, following protocols, etc.

BREACH OF DUTY: You have to show that they did not act in the same or similar manner that other care providers would have - that they breached their duty to care for you.

DAMAGES: This is the part that many people forget. It is not enough to show that they had a duty to act and that they failed to act, but also that you were damaged because of their breach of duty. For example, if you go to the doctor and he completely misses something that is wrong with you - totally misses it. You prove that the average doctor would never have missed this. But, you do just fine and suffer no damage in any way. Without being damaged, you don't have a case. Just like Rmac said, you'd have to show how you were damaged and that how you were damaged amounts to a large sum of money.

CAUSE: Finally, you have to show cause and effect. You have to show that their breach of duty to act directly caused your problems. In your case, did their giving you blood pressure medication cause you to fall? Did the counter or lack of bars in the area contribute?

Again, all four of these need to be in place and be able to be proven to a jury. I know that you think this is the case, and it certainly "could" be. But is it really? And if it is, can you prove it?

In the end, the fact that you can't find an attorney to take the case is likely telling you something. I'm sorry you've had to go through it. I don't doubt that the place you were at was not up to par. It just doesn't likely rise to a lawsuit that can be won. If it did, you'd have all sorts of attorneys fighting each other to take your case.


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PostPosted: Sat Apr 23, 2011 7:44 pm 
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Hi Donh.
Just wanted to thank you for your advise. And your right about some of what you said as far as a case. But I'm still so angry I did not nor does anyone deserve the way they treated me. I do have damages my sight in my right eye, I have been to 3 eye doctors, at the beginning of the appt I didn't let them know I had been to another doc, I wanted 3 diff opinions and they all said the same thing after looking at all the tests, all three not knowing about each other at the time asked me if I had any type of trauma to my eye recently. And not just that, where I ended up hitting my right eye full force is still swollen after almost 2 yrs I have quite a few pic's where you can see a big diff. As for the Clondine it's noted in previous stays when I tried to get off the opiates I picked up my records and they clearly state not to give me Clondine because of my b/p dropping to low. When the Medics got to the Rehab my b/p was 59/64 and the ER doc that saw me documented that between not eating or drinking and the Clondine is what caused me to pass out. And I really don't want money from them I want an apology for the way they treated me. I can tell you one thing if they would have seen me outside of that place looking like a normal everyday Admin Asst, makeup on hair done they wouldn't have treated me that way, at least I don't think they would have. Ending up a junkie is the last thing I wanted trust me. And its just been the last 10 yrs that the Manufac of these opiate based painkillers that they have listed how addicting these things really are. But anyway thank you again to everyone for their advice. I guess I'm going to have to put this behind me, because I'm sober now, and there are a lot more out there like me that could use my help and my knowledge of what these "DAM PILLS" can do to a persons life as well as how it can destory everything they know and love. I had 24 yrs of hell with my addiction, if I can help one person so they don't have to go down that road it would have all been worth it.


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PostPosted: Tue Apr 26, 2011 10:19 am 
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I think you do have a case but they will ask you why you waited so long to file and amongst other things will probably work against you. You could always try it especially if your Quality Of Life hasbeen comprimised. I usually don't condone lawsuits but if you feel that strongly about it then do your research. -Peace and good luck.


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PostPosted: Fri Jul 08, 2011 8:39 pm 
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not a fan of lawsuits, you basically fell and hit the ground, kinda on you, probably wont fly in court. decent case, but idk if it willfly. probably wont make it.

And sorry your mom tried to kill herself i do not believe that is the hospitals fault. Your mom wanted to die as sad as it sounds. That case may or may not fly ethier. good luck and im sorry and glad shes all back to normal


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PostPosted: Wed Aug 17, 2011 1:27 am 
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That's stupid spike.

One of the symptoms of low blood pressure is blackouts, loss of consciousness and falling. Her fall was directly related to being given clonidine when the nurses were expressly told it would cause her BP to plunge.

I think you have a case which is easier to prove than RMac's mum.


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PostPosted: Wed Aug 17, 2011 4:57 pm 
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what the problem i think the lawyer 's won't take your case is". you should have ask what meds they were giving you. that is sorta your part. and they can hold you in part of why you were they'er in the first place. also you should not have walked to the nurse station knowing that you were sick. i' really feel for you'. but lawyer's only have a less than 50% chance of winning.


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PostPosted: Wed Aug 17, 2011 7:50 pm 
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I honestly disagree johnboy.

Believe it or not, but most patients out there put so much trust in their doctors that they don't ask these questions. Patients are not, nor should they, need to ask what every pill they're given is or does. Us pill popping / drug using types of course take an interest in what pills we are being fed. But according to a family member who is a doctor, the majority of patients just take the pills they're given and put trust in their doctor's expertise.

Also, if someone is feeling sick, what do they do? They go see a nurse.

All she can do is see a lawyer. The only issue I would feel could compromise this case is the fact she's an addict. Unfortunately, such a person isn't viewed on by the court as being too credible. But if a lawyer thinks there's a case, then there's a case.


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PostPosted: Wed Aug 17, 2011 10:04 pm 
You realize this is a post from April and she was very close to the statute of limitations for a suit back then........You all are very nice to care though. I wonder how it turned out??


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PostPosted: Wed Aug 17, 2011 10:25 pm 
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She'd have better luck ordering a large coffee from McDonalds drive through and the dumping it on her lap. Every one is right when they say "if an attorney won't take it, there's probably no case". Our legal system is a joke but still is the best that the world has to offer.

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PostPosted: Thu Aug 18, 2011 10:57 am 
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Smoothy1125 wrote:
but still is the best that the world has to offer.


And you know this how?


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PostPosted: Thu Aug 18, 2011 11:30 am 
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What I am going to say has nothing to do with the case above as I feel they did screw up. To say our legal system is the best in the world in my opinion is the opposite of the truth. I work with foreigners from all over the world and they constantly joke about sue happy Americans. In Europe for instance you can file a lawsuit but if you lose you are responsible for all court costs, so they do not have problems with all the frivolous lawsuits like we do. Here anybody can sue for any dumb reason and leave the tax payer to foot the bill for court costs and the defendant having to pay thousands to a lawyer for something that was not their fault. In my opinion we should change this to the way Europe does it. I think it would help in many areas. Healthcare could lower because drs would not have to pay the ridiculous malpractice costs, the taxpayer would stop footing the bill for people trying to get rich quick and maybe it would help stop this idea in America that nothing is your fault and people would start to take responsibility for their own actions. Anyway this is just my opinion on the matter and like i said this response has nothing to do with the above case.


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PostPosted: Thu Aug 18, 2011 6:01 pm 
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Tearj3rker travel the world, it's horrible outside the states, just my opinion. I don't want to start a global debate over the judicial system.

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PostPosted: Thu Aug 18, 2011 10:39 pm 
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Hi all I reread my post and didn't mean to sound like a know it all. There are a lot of aspects of our legal system that exceed others. We are for the most part innocent until proven guilty, where a lot of places you are guilty until proven innocent. I just really feel that we are becoming a nation of blame everyone else and nothing is my fault. It would take a lot for me personally to sue, especially a Dr. I think for the most part they are trying to help you but they are people too and are going to make mistakes. Anyway sorry if I came off as being argumentative it was not my intention.


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PostPosted: Fri Aug 19, 2011 10:19 pm 
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Smoothy1125 wrote:
Tearj3rker travel the world, it's horrible outside the states, just my opinion. I don't want to start a global debate over the judicial system.


I have travelled the world (though not America). I am also not from America. I acknowledge that it's impossible to say that any one nation's legal system is better than another. My country (Australia) has a pretty mean legal system, which was derived from England's common law, as were most British Commonwealth countries. America's legal system was also derived from the British system. As such there are a number of countries with legal systems very similar to Americas - think UK, Canada, Australia, not to mention Denmark, Scandinavia and many other developed nations.


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PostPosted: Sat Aug 20, 2011 5:03 am 
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I will not highjack this topic over the court systems around the world. It is just my opinion concluded from my experiences and studying court systems outside the States. I just can't see how she will ever get a case or any compensation (not saying she doesn't deserve it), but if she is having a difficult time finding representation, it might be telling her something.

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