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    #31
    Originally posted by number1advocate View Post
    You obviously know way more than I, about the law and politics, so I think I will sit out the rest of this thread...BTW, you spelled frivolous wrong. Finally, here is a link that will hopefully educate you and help you understand why you are so wrong: http://hotcoffeethemovie.com/
    I admit I did misread your post. So I appologize.

    I read your other thread about Texas today also and that is so wrong.

    I am not a politician.

    I worked in a hospital for most of my life. So I watched people like Gary get sores and hospitals get paid big money for giving their patients the very conditions that they were getting paid for. I am thankful Medicare stopped paying for these conditions and we now have to report these conditions during the billing process. It is a small jump but alot more needs to be done.

    There is just so much wrong....

    I was just trying to find some resources to help Gary.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

    My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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      #32
      Originally posted by Clipper View Post
      One of the requirements for a negligence case is harm/damages. If I'm reading Gary's post correctly, Medicare requires that the hospital pay for the expenses relating to the treating of his pressure sores. Unless Gary suffers further medical consequences as a result of the hospital's care that are NOT paid for, then his damages are effectively zero since he apparently has not lost any income. Again, this interpretation of the situation is based entirely on what Gary has posted.
      So since we don't work, we are not entitled to any other damages? Pain suffering or punitive?

      Wow that is interesting....
      T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

      My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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        #33
        Originally posted by darkeyed_daisy View Post
        So since we don't work, we are not entitled to any other damages? Pain suffering or punitive? Wow that is interesting....
        That's not what I said. But without other economic damages, it would be extremely difficult to show non-economic damages like pain and suffering. The case has to at least pay for itself.

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          #34
          Originally posted by darkeyed_daisy View Post
          So do you know of any other state with statutes such as this?
          Florida's statute screams tort reform. Florida has some other laws that are similarly restrictive. And no, I'm not knowledgeable about laws in all 50 states. I'm not quite sure what your point is regarding this statute, or if you even have one.

          Comment


            #35
            Originally posted by Clipper View Post
            Florida's statute screams tort reform. Florida has some other laws that are similarly restrictive. And no, I'm not knowledgeable about laws in all 50 states. I'm not quite sure what your point is regarding this statute, or if you even have one.
            Well that was my point really....

            I just realized I was thinking exactly what you and number1advocate were saying just not the right words. Although I was thinking it was going to help. However, after thinking more, this is really just a way to make the hospitals pay the bill and leave the patient with nothing.

            Apparently, the lawyers that Gary has contacted said that unless he has lost a limb or it has resulted in death, it is really hard to win a decubitus ulcer case in Florida.

            So laws like this limit the ability be compensated even though his preventable injury was caused by the hospital.

            Unbelievable!!
            T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

            My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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              #36
              Originally posted by darkeyed_daisy View Post
              Well that was my point really....

              I just realized I was thinking exactly what you and number1advocate were saying just not the right words. Although I was thinking it was going to help. However, after thinking more, this is really just a way to make the hospitals pay the bill and leave the patient with nothing.

              Apparently, the lawyers that Gary has contacted said that unless he has lost a limb or it has resulted in death, it is really hard to win a decubitus ulcer case in Florida.

              So laws like this limit the ability be compensated even though his preventable injury was caused by the hospital.

              Unbelievable!!
              Completely agree with you.

              Comment


                #37
                I am happy for all of the information that keeps coming through on this thread everyone thank you all.
                And reading and re-reading the information from the Florida Statutes all it seems to do is get me confused even more.
                I still have about 6 weeks of appointments and hoping that my wound will be close to or even closed by then .
                In ALL of your opinions , should I start by sending the hospital a certified letter stating that I am going to persue this case even before I get a lawyer? According to the information of Florida law :
                766.106 Notice before filing action for medical negligence; presuit screening period; offers for admission of liability and for arbitration; informal discovery; review.--
                (1) DEFINITIONS.--As used in this section, the term:
                (a) "Claim for medical negligence" or "claim for medical malpractice" means a claim, arising out of the rendering of, or the failure to render, medical care or services.
                (b) "Self-insurer" means any self-insurer authorized under s. 627.357 or any uninsured prospective defendant.
                (c) "Insurer" includes the Joint Underwriting Association.
                (2) PRESUIT NOTICE.--
                (a) After completion of presuit investigation pursuant to s. 766.203(2) and prior to filing a complaint for medical negligence, a claimant shall notify each prospective defendant by certified mail, return receipt requested, of intent to initiate litigation for medical negligence. Notice to each prospective defendant must include, if available, a list of all known health care providers seen by the claimant for the injuries complained of subsequent to the alleged act of negligence, all known health care providers during the 2-year period prior to the alleged act of negligence who treated or evaluated the claimant, and copies of all of the medical records relied upon by the expert in signing the affidavit. The requirement of providing the list of known health care providers may not serve as grounds for imposing sanctions for failure to provide presuit discovery.
                (b) Following the initiation of a suit alleging medical negligence with a court of competent jurisdiction, and service of the complaint upon a defendant, the claimant shall provide a copy of the complaint to the Department of Health and, if the complaint involves a facility licensed under chapter 395, the Agency for Health Care Administration. The requirement of providing the complaint to the Department of Health or the Agency for Health Care Administration does not impair the claimant's legal rights or ability to seek relief for his or her claim. The Department of Health or the Agency for Health Care Administration shall review each incident that is the subject of the complaint and determine whether it involved conduct by a licensee which is potentially subject to disciplinary action, in which case, for a licensed health care practitioner, the provisions of s. 456.073 apply and, for a licensed facility, the provisions of part I of chapter 395 apply.


                With that information should I send a letter of intent to pursue?
                Or with the Florida law as written should I just find the lawyer first?
                And also is the total disruption of my life and adding to my bad "quality of life" not worth anything in a court?
                Asking for opinions
                Thanks
                Gary

                Thanks
                Gary
                T-10 ,,1980,,

                Comment


                  #38
                  Originally posted by garyv View Post
                  With that information should I send a letter of intent to pursue? Or with the Florida law as written should I just find the lawyer first? And also is the total disruption of my life and adding to my bad "quality of life" not worth anything in a court?
                  You should contact an attorney to help you navigate this process. It's not that the disruption to your life is not worth anything in court. But, as I said in another post, the suit must at least pay for itself. If you cannot find a lawyer to take your case on a contingency basis, then it's likely that your case wouldn't result in a worthwhile payout. But you should contact an attorney to help you, rather than blindly relying on a statute posted on the Internet.

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                    #39
                    Thanks Clipper,,
                    I will keep looking.
                    Gary
                    T-10 ,,1980,,

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                      #40
                      Good luck whatever you decide to do garyv.

                      Comment


                        #41
                        Originally posted by number1advocate View Post
                        You need to consult a plaintiffs personal injury trial lawyer who handles medical malpractice. Its best to find this attorney in the county where the hospital is located or at least nearby. Generally speaking, allowing an inpatient to suffer decubitus ulcers falls below the standard of care. A lawyer evaluating your potential claim will look at the nature and extent of your injuries and balance that against the estimated costs and risks of litigation against the hospital. Sometimes the hospital (or whoever) can be negligent but the injuries are not serious enough to justify the risks of suit. This is an unfortunate side effect of the contingency fee system because the lawyer bears all the financial risk of pursuing a lawsuit.
                        Medical malpractice cases can be expensive and drawn out because hospitals and doctors generally refuse to admit when they are wrong (they are only trying to help you after all, correct?). Good luck and dont let them push you around!
                        This is what you need to do Gary...
                        "If you are going through hell-keep going." -Winston Churchill

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                          #42
                          Thanks Linda, and number1advocate,
                          I am going that route ,still getting info and trying to keep records.
                          Still looking , but the worse part is still dealing with the Dr visits every week and nurses every few days , still trying to heal up and deal with this stuff is getting a bit overwhelming , and my boat and hunting trips are staring at me , but I am stuck until all the healing is done , which looks like another 3-4 weeks I hope not much longer..
                          Gary
                          T-10 ,,1980,,

                          Comment


                            #43
                            Originally posted by number1advocate View Post
                            This is what you need to do Gary...
                            Gary I was just trying to explain to you that the hospital was not doing you a favor by paying your bill. That is all.

                            I had no idea how intricately it was connected but clearly the statutes that I found indicate that number1advocate was right in what he was saying all along. I had never thought about it other than from the hospital side. Apparently all states are busy trying to enact some form of "tort reform" which is truly not great for people who are truly injured/harmed at the hands of professionals.

                            I was looking at NC Medical Board Website today and amazingly they publish quarterly the names/county/preious town/state and detailed reasons for suspending/revoking physician's lisence. It was amazing reading.

                            Hang in there...follow number1advocate's advice....you will find a personal injury lawyer.
                            T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

                            My goal in life is to be as good of a person my dog already thinks I am. ~Author Unknown

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