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Aug 01, 2009

Discussing Legal Actions for Medical Negligence and Errors

This topic revolves around the difficult decision of whether to pursue legal action for suspected medical negligence following ostomy-related surgery. The person who started the discussion is grappling with whether to accept sub-standard medical care or to consider suing, despite having no prior experience with malpractice claims. They are seeking advice from others who have faced similar situations.

Here are some insights and advice shared by others:

1. Litigation Difficulty and Cost
- Many have found that issues like ruptured colons or uncleared impactions are not easily seen as negligence by attorneys, as surgeons have significant discretion during surgery.
- The cost to bring a malpractice case to court can be around $200,000, and attorneys typically only take cases they believe they can win.
- A case usually requires a permanent, debilitating injury for lawyers to consider proceeding.

2. Obtain Professional Legal Opinions
- It’s important to consult with multiple malpractice attorneys since each case is unique.
- Don’t let hospital staff or others dismiss your concerns before getting qualified legal advice.

3. Document Everything
- Keep a detailed record of events, including timelines, operative reports, test results, and any correspondence.
- Even with thorough documentation, proving negligence can be challenging.

4. Seek Second and Third Medical Opinions
- Research surgeons and hospitals thoroughly, especially for rare conditions.
- Additional consultations can help reduce the risk of complications.

5. Possible Professional Backlash
- Suing can affect future access to specialists, as doctors may share information about litigious patients.
- Insurers might settle regardless of fault, affecting a surgeon’s record.

6. Personal Outcomes Described
- Some have experienced long-term health issues due to un-cleared rectums or complications from surgeries, yet found it difficult to pursue legal action.
- Even with multiple surgeries and complications, lawyers may still decline cases.

7. Emotional and Spiritual Considerations
- The process of litigation can be emotionally draining; consider the potential relief or compensation against the stress involved.
- Some suggest listening to one’s inner voice or faith when deciding whether to sue.

8. Money Isn’t a Cure-All
- Financial compensation cannot reverse chronic illness or permanent damage; focus on future health and well-being when making decisions.
See full discusison
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