Settling malpractice suit… I need to vent and get out this emotion

posted 3 years ago in Legal
Post # 2
Member
9532 posts
Buzzing Beekeeper
  • Wedding: August 2013

I’m sorry you’re dealing with this! Medical malpractice claims/insurance is super duper complicated. I’m guess the doctor’s malpracticce insurance company is actually the one demanding all this additional documentation. Unfortunately, the best thing you can do is just stick to your guns. A real court case will need a lawyer and be even more complicated. I think you’re totally right to be demanding compensation for the medical expenses and lost work. Don’t let them wear you down!

Post # 3
Member
7090 posts
Busy Beekeeper
  • Wedding: August 2012

I would get a lawyer.

Post # 4
Member
4218 posts
Honey bee
  • Wedding: August 2013

I think I would go ahead and sue for malpractice. You can use the evidence that you tried to settle already and clearly they are not willing. Get a lawyer and go for the throat. 

Post # 5
Member
765 posts
Busy bee
  • Wedding: August 2012

TGold:  Let me get this straight. You lost two months of your life to a hospital stay for pain management that your doctor botched and that woman had the audacity to make you feel like you were somehow stealing from them and you should be “grateful” for what they were giving you??

Sue them. Get a lawyer and sue them. How dare they!

Post # 6
Member
2197 posts
Buzzing bee
  • Wedding: March 2013

They are trying to make it harder for you so you eventually drop it. They are trying to beat you down. 

Do not speak to them. Do not send them anything! Get a lawyer and then tell them all future communication can be between them and the lawyer. Once you talk to a lawyer, they might tell you if you have a good malpractice case. 

Post # 8
Member
10384 posts
Sugar Beekeeper
  • Wedding: September 2010

You know doctors have insurance for malpractice, right? They are telling you they can’t afford to give you $5k so that you will drop the suit. They are trying to make it annoying and tedious so that you will drop your suit. Do you have legal representation? You should not be giving them documentation without your own legal advice.

Post # 10
Member
7090 posts
Busy Beekeeper
  • Wedding: August 2012

Many malpractice lawyers will take their cut from your settlement. I’d just email your case to a few lawyers and see what they say. Between your medical bills, time off from work, pain and suffering, etc I’m sure they’d have no problem getting your case to the proper dollar amount.

Personally I think you never should have been sending documentation or even speaking to people at their office without a lawyer present.

Post # 11
Member
295 posts
Helper bee

Are they trying to stretch it out to push it past some sort of time limits on filing a claim?

Post # 13
Member
1349 posts
Bumble bee
  • Wedding: December 2012

TGold:  My dad is a malpractice defense lawyer.  The doctor’s office shouldn’t be saying that stuff to you.  I know you said you’d settle for $4,000.  But unless that’s in writing, don’t do it.  I’d just go ahead and go to court.

Post # 14
Member
2661 posts
Sugar bee
  • Wedding: May 2014

 

HappySky7:  The thing is, malpractice suits are VERY expensive for plaintiffs’ lawyers to try.  If she only has $5000 in actual damages, I know of no lawyer who would take a MP suit for that…

Anyway, good luck.  A court will look at all the evidence and determine if there was negligence or if this was a risk of the proceedure.  I am sorry you had to go through this. 

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