Medical mal practice
Yes, but it will require upfront money to hire a lawyer. It will be very expensive to find medical experts who will say 1) the resulting condition is 100% caused by the actions of the doc/staff/hospital, and 2) that if not for their negligent action you would have been 100% fine. There are too many variables in your actions, like proving you followed all care instructions perfectly, didn\'t exert any pressure, bandaged and took meds exactly as instructed. Bottom line is that even if their care was bad, you have to show that it was completely outside the standard if care of what most doctors would do in the same situation. It works if you had the wrong kidney removed and now you are on dialysis for life, or they gave you wrong medicine/dose that killed you, etc. I\'d go for disability pay from employer, unemployment benefits from state, and worst case scenario is to apply for social security benefits on the basis that you are 100% disabled and can\'t hold any job. You could probably be more successful on the mental illness aspect, but it would take lots of time and money to find doctors to say that (depression, hopelessness or another mental illness) mental illness renders you incapable of holding a job. You could do it on the injury itself, but you need a thick medical file and many doctors willing to document your inability to work. Sorry the news is not better, and you could try suing the providers hoping bad public relations/press would lead them to settle quickly, but it would be a small settlement based on the fact that they know most people can\'t finance legal team and medical team required to prove medical negligence in court. I\'d look to community benefits to provide temporary support, while building a big medical file documenting every medical problem, drug side effect and trying every prescription alternative, that you did every physical therapy and occupational therapy option, and reporting to doctor that every job got, but you couldn\'t do because of your injury, meds, transportation, etc.and how those things lead to loss of income because you tried everything and there were no other variables/factors leading to disability. The final kick when you\'re down is that saying and/or documenting that not being able to afford all the medical care is not a defense for not doing it. in the end, finding a job you can do is 1000% easier than proving the malpractice and/or disabled status. The emotional toll is huge for you and all family members, and the likelihood of settlement or winning in court is nearly impossible. I\'ve been through this many times, with auto insurance companies, health insurance, doctors, etc. and it was never worth it. The only way out for me was to suck it up, know that medical care in the US is designed to be pro-doctor and anti-patient, and get on with your life. Easier said that done, but I\'ve been there 3 times. Do everything to empower yourself, yoga, physical training in areas not injured, mental and spiritual strength building, intellectual skills, volunteering by computer instead of by physical presence, advocate for rights for kids, education, environment, or whatever you have both skills and passion to offer. I hope this helps you figure out where to go from where you are. Being mad at doctors is justified, but our legal system and health care system favor their protection in all but the most egregious cases.
7/3/2013 7:31:05 AM •
Work Safety
•
Answered
on Jul 03, 2013
