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New Doctor Won't Support My Malpractice Case Against My Old Doctor

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  • 06-05-2010, 09:14 PM
    seacliff
    New Doctor Won't Support My Malpractice Case Against My Old Doctor
    I need help navigating the legal system.

    My situation involves docs who misdiagnosed me and delivered improper treatment. The doc that correctly diagnosed me has told me my damages are permanent & severe however he will not support me since he has a relationship with my former doc.

    My case is complex & I would need someone with a higher level of understanding.

    Who would connect the dots? Do I need an independent evaluation so I can get this documented? How would I best present this to an attorney?
  • 06-05-2010, 11:10 PM
    Scott67
    Re: New Doc Knows Old Doc and Will Not Support Me
    Find a medical malpractice attorney and present the case exactly as it is. If the attorney feels you have a case, he/she will take it on contingency. Most will have doctors that they work with, that they will send you to for documenting the case.
  • 06-06-2010, 02:33 AM
    seacliff
    Re: New Doc Knows Old Doc and Will Not Support Me
    It's difficult getting through the gatekeepers and when I'm able I'm told to send in my medical records for review. My situation is very unique to me and my records won't make a lot of sense to an attorney. It also involves an emerging area of medicine which is poorly understood with few true specialists in the field. Many of the reports are not simple to interpret and the ones that are won't seem that serious to a layman. I've had a few failed attempts with attorneys thus far. I can't get anyone's attention and attorneys are very poor listeners. Very frustrating.
  • 06-06-2010, 04:40 AM
    KeyWestDan
    Re: New Doc Knows Old Doc and Will Not Support Me
    You do NOT involve your new doctor in your potential case against the old doctor. Your doctor's job is to deal with your medical problems. Just make sure he documents everything well and you get copies.

    A medical malpractice attorney or specialty firm has their own doctors. In Florida and many other states the attorney has the legal obligation to investigate your claim. The attorney will be penalized for bringing a civil action that can't be supported. Also, it might well settle before any civil case is even filed.

    Malpractice is not based upon your opinion or a bad outcome. It is based upon commonly accepted medical standards. If the doctor rendered medically competant care, based on industry standards, you will not have a case nor will you find an attorney to take any action.

    If the case is difficult or expensive to prove and especially if the damages are limited, you will have an even greater challenge finding an attorney.

    Medical malpractice cases have a large amount of up-front costs for an attorney and single practioners are much less likely to take a marginal case than a law firm that specializes in that area and has extensive resources.
  • 06-06-2010, 08:49 AM
    Mr. Knowitall
    Re: New Doc Knows Old Doc and Will Not Support Me
    When you want to find a malpractice lawyer, yes, your case is screened. Review of the medical records is part of that screening. Screening is performed by the malpractice lawyers with, as necessary, the assistance of medical professionals. If you are refusing to let lawyers review your medical records, it's perfectly understandable why they won't take your case.

    If your medical care is truly as unique, cutting edge, case-specific and untested as you suggest, there may be difficulty establishing the standard of care.

    Your treating physician is under no obligation to involve himself in your prospective litigation, and generally speaking it's not something you would want to push - that could put you in the position of having your doctor ask you to look elsewhere for your care.
  • 06-06-2010, 10:18 AM
    seacliff
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    I understand. My case is very specific and my former doc has informed me that I have not received the standard level of care. This is obvious. Most folks never make it past this hurdle. I have documented damages but it appears the attorneys are only willing to take the case if damages are catastrophic i.e., permanent brain injury etc. There is also a learning curve and many lawyers can't be bothered. They want the easy stuff & are unwilling to leave their comfort zones.

    I was wondering if it would be out of place to ask my current doc if he could suggest another provider who could connect the dots & document it so I could submit to my attorney. I don't want to impact my care by asking him to do it. I suppose that would be an independent evaluation, right? Is this out of place? I don't like my current doc knowing I'm moving forward with legal action. Thoughts?
  • 06-06-2010, 11:56 AM
    Scott67
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Quote:

    Quoting seacliff
    View Post
    I understand. My case is very specific and my former doc has informed me that I have not received the standard level of care. This is obvious. Most folks never make it past this hurdle. I have documented damages but it appears the attorneys are only willing to take the case if damages are catastrophic i.e., permanent brain injury etc. There is also a learning curve and many lawyers can't be bothered. They want the easy stuff & are unwilling to leave their comfort zones.

    I was wondering if it would be out of place to ask my current doc if he could suggest another provider who could connect the dots & document it so I could submit to my attorney. I don't want to impact my care by asking him to do it. I suppose that would be an independent evaluation, right? Is this out of place? I don't like my current doc knowing I'm moving forward with legal action. Thoughts?

    Based on your comments, it would appear that you are focused on finding a doctor who will testify against another doctor rather than finding an attorney who will take the case. I don't know your area or the richness of choice of attorney's, but in the world I know, attorneys slot themselves into the kind of work they want. The more famous who get the bigger cases are only interested in big cases so they employ gate keepers to keep others from wasting their time.

    Other attorneys who take smaller cases and the corresponding lower contingency fees tend to be easier to speak to directly. And there is a whole range in between. So, I would focus on finding an attorney who is willing to take the case.

    I think the doctor approach you are talking about is a non-starter. It's up to you though. Do as you wish.
  • 06-06-2010, 02:46 PM
    seacliff
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Thanks for your input, you've offered some clarity. How would you handle an interdisciplinary team involving an MD and DDS's. This was a team effort and all are equally responsible. I don't think you could proceed with medical malpractice against the DDS's. And, I know settlements are much smaller with this group. The MD is key in establishing this as a much bigger case, which it is.
  • 06-06-2010, 03:19 PM
    Scott67
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Quote:

    Quoting seacliff
    View Post
    Thanks for your input, you've offered some clarity. How would you handle an interdisciplinary team involving an MD and DDS's. This was a team effort and all are equally responsible. I don't think you could proceed with medical malpractice against the DDS's. And, I know settlements are much smaller with this group. The MD is key in establishing this as a much bigger case, which it is.

    You need the attorney to look at the actual facts and help you sort it out. The doctors (and dentists) who would have to document the case for you expect to be paid - and for the detail that will be required to win a case you are looking at thousands of dollars, not a $200 office visit. Attorneys in this field know medical experts that they work with who will do the documentation on contingency and will be prepared to testify as expert witnesses, if needed. These experts are not at all interested in meeting with a patient who has not yet found an attorney - unless the patient is going to pay them in cash up front. -- This would be one of the reasons that the doctor treating you is not interested or willing to be a part of your suit.

    The key to the size of damages is not whether the guilty parties are DDS's or MD's. It is what the real damages are and how well the attorney can establish, prepare, negotiate, and (only if needed) present it in court.

    Your situation is probably not as unique as you believe, but, if it is, that actually works against you. The more unusual a situation is, the more difficult it is to establish that the quality of care failed to meet a reasonable standard.
  • 06-06-2010, 04:39 PM
    seacliff
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Thanks for your reply. In your estimation how much time would be needed in a complex case for an attorney to acquire the info he/she would need from a roster of experts & to solidify things? I'm getting close to my statute of limitations & it would be prudent to stay within this timeframe. But, I believe the clock starts when you first realized you had an issue. ?? Unfortunately, I'm just beginning to realize the extent of my issues. Getting off topic, what are your thoughts on a doc losing a part of your medical file after learning you're moving forward with legal action against a buddy. I've become so jaded throughout this process I'm losing sight of what's appropriate.
  • 06-06-2010, 05:27 PM
    Mr. Knowitall
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    If you're approaching the statute of limitations you need to stop worrying about "what if's" and find a malpractice lawyer willing to commence litigation. And yes, you can expect that lawyer will want to review your medical records, so don't shoot yourself in the foot by continuing your refusal to provide them.
  • 06-06-2010, 05:32 PM
    Scott67
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Quote:

    Quoting seacliff
    View Post
    Thanks for your reply. In your estimation how much time would be needed in a complex case for an attorney to acquire the info he/she would need from a roster of experts & to solidify things? I'm getting close to my statute of limitations & it would be prudent to stay within this timeframe. But, I believe the clock starts when you first realized you had an issue. ?? Unfortunately, I'm just beginning to realize the extent of my issues. Getting off topic, what are your thoughts on a doc losing a part of your medical file after learning you're moving forward with legal action against a buddy. I've become so jaded throughout this process I'm losing sight of what's appropriate.

    I am not foolish enough to hazard a guess on how long it will take to prepare a case that I know nothing about. But, an attorney can file a case to deal with the statute of limitations without doing any of that preparation. Records can and do get lost for a variety of reasons, so what you hypothesize could happen. In my experience the bigger issue on a patient "losing sight of what's appropriate" is the patient misunderstanding the medical issues involved and greatly overestimating the monetary value of the case.

    But, your course of action should be to find an attorney. Since you are quite emotional about the situation, I'd recommend that you put together a 2 to 3 page factual paper stating what happened and what you feel the case is. Providing that paper to attorneys and even to gate keepers that have previously turned you down will help the attorneys be able to understand the case far better than a disjointed emotional telephone call would.
  • 06-06-2010, 06:36 PM
    seacliff
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.
  • 06-06-2010, 07:29 PM
    Scott67
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Quote:

    Quoting seacliff
    View Post
    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.

    Well, this appears to me to inconsistent with your previous postings and ignores the advice that has been provided to you here. It begs the issue of who it is that you have provided this extensive documentation to. But, you are on your own path, and that is fine. It is your situation to pursue as you chose. There is really nothing farther I can offer you other than to wish you good luck.
  • 06-06-2010, 08:11 PM
    Dogmatique
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Quote:

    Quoting seacliff
    View Post
    I have provided extensive documentation but am told I need to prove significant documented damages. What I have provided thus far has not been adequate & I'm in the process of gathering additional in depth reports.



    Quite simply, if you cannot find an attorney to take your case....you really don't have a case.
  • 06-06-2010, 11:53 PM
    seacliff
    Re: New Doctor Won't Support My Malpractice Case Against My Old Doctor
    Thanks all for your great advise. Appreciate it.
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