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suing a hospital for medical negligence

Dedenmcjnse9591DDedenmcjnse9591 Posts: 2
edited 12/09/2013 - 3:58 PM in Depression and Coping
I recently was in the hospital E.R. department, about 6 weeks ago. they were aware that I had several risk factors that could cause me to pass out. Well I did pass out and hit the floor hard, because they had left the bed rails down. I woke up with a lot of pain on the right side of my fore head. i was calling for help and trying to scoot my way down and push my foot under the closed curtain so someone might see me. someone finally either heard me or saw my foot and all hell broke loose after that.LOOOOOOOOOOOng story. they kept me in the hospital for 6 days because I demonstrating many neurological problems and they are not getting any better but worse. I went through the patient advocate system to try and reach a settlement out of court but they came back with. Mrs. Hall we have investigated the E.R., ICU, and Cardiac departments... this is ll the department I was in during those 6 days and we fully admit was our negligence that caused your injury and we are implementing furthering education to keep this from happening again. My attorney says they never settle unless they know you are serious about suing. He says they are hoping I will just go away. He also says once they hear from him and realize I am serious, and given they have already admitted fault, he thinks they will settle quickly. Just wondering if any of you have been through anything like this. Also if you suffered a head injury that caused neurological issues like migranes, sensitivity to light,sound and taste,memory loss, unsteady on my feet, at first seziures now they are gone. How long did your syptoms last. The hospital neurologist told me my symptoms could last anywere from days to weeks to years and possibly life. Anybody have anything to share as far as experiences or advice?

Deborah Hall


  • anyone care to share their experience?
    Deborah Hall
  • Many attorneys will not represent clients in medical malpractice against corporations (hospitals) fir example
    Simply because the medical EXPERTS needed to present facts to support your case are very expensive.
    Some expert witness physicians can charge $20,000 for example with the time in hours they need to read reports, review medical tests, radiological tests, lab work, surgical nots etc...and then prepare the report and findings, then meet with your attorney to discuss the case.
    You would have to be awarded at least five times the experts fee( $100,000) to cover the one experts fee,court costs, your attorneys fees for you to at least get $10,000 in tbe end.

    Experts usually charge per hour what they would get paid per hour in the operating room
    Surgeons fees can be outrageous.

    Its also hard to prove permanent damage to the body.

    I hope this helps a bit

  • that there is permanent injury, and can medically document that you had none of those symptoms prior to your fall, and those symptoms are ongoing, and solely the result of your fall, and the experts agree with you, and there is some deviation from the standard of care on the part of the hospital and it's employees, you are going to have a very difficult time proving negligence, and permanent injury.
    I'm sorry but it is not quite so simple to win these type of cases and most attorney's , while they may take the case, find it lengthy and difficult at best.
  • michele lenammichele lena Posts: 21
    edited 01/07/2014 - 9:24 AM
    I had an incident where I was dropped in a hospital twice because the staff did not know how to use the equipment. Now 20 years later my back still hurts and I have a compressed spinal cord. I filed grievances etc and tried to get an attorney, but nobody would take the case. I know one of the issues is getting a doctor or medical person to testify is very difficult. They need each other to keep in business.
    MicheleLena said:

    They need each other to keep in business.
    Post edited. Doctor/Hospital bashing is not permitted. You are talking about professionals. There is no need to keep each other in business. That is a direct insult to the medical field
  • michele lenammichele lena Posts: 21
    edited 01/08/2014 - 12:25 PM
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