| Have you considered filing a complaint with the medical board? It might be a way to feel heard without the expense of a suit. |
Whether you get any money or not, you will likely not get an apology. That is generally a condition of settlement. |
Ewwww |
Thank you, very helpful. |
Does this just go on her record then? Is it public? |
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If you do file suit and win/settle, you might not get much money. The lawyer will take a third, your health insurance company will probably place a lien to recoup whatever it spent on medical care as a result of the error, and you will have to pay taxes on your share. So don't do it for the money. That said, my family had a positive experience with Jack Oleander.
Since PI lawyers work on contingency, they will review all the details and only take the case if they think they can win. |
| ^ thanks. Healthcare companies definitely spent a chunk. |
| i believe the oleander team will do an over the phone initial consult to see if your case might be winnable. you could start there. |
| michael glassman in fairfax |
If you do file suit and win/settle, you might not get much money. The lawyer will take a third, your health insurance company will probably place a lien to recoup whatever it spent on medical care as a result of the error, and you will have to pay taxes on your share. So don't do it for the money. That said, my family had a positive experience with Jack Oleander. Since PI lawyers work on contingency, they will review all the details and only take the case if they think they can win. I had a very similar experience to the OP. I struggled for a long time with with whether I would file or not. I suffered medically for at least a year, racked up huge medical expenses, was depressed and the risk of another pregnancy would be extremely high to both myself and the baby, so prohibitive. I couldn't go back to work and financially we were hurting. I ended up seeing jack Oleander, he is very experienced and successfully sued very big and popular OB practices in DC. My goal was to recoup my medical expenses incurred after the mistake of my OB. The process is very hideous, you need to ask for tons of files, get a physical evaluation, show up to discuss, etc, as one would expect. I didn't have a lot of energy in pursuing this and the SOL was around the corner. I let it go. I regret it now. I learned that my OB doesn't practice Obstetrics anymore and is only seeing regular GYN patients. Don't know whether it was the aftermath of my case. I also never received an apology, though the mistake was very evident. From what I know having an OB/GYN friends, the malpractice insurance takes a huge hit after a suit is filed and the reputation follows you for years. |
| tedious not hideous. |
| But you do wish you had pursued it? |
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I think if you are expecting some sort of epic reckoning, you will come away from the process disappointed. Fact is, the vast majority of bad medical outcomes do not amount to legal malpractice. Even if yours does, you may find the process grueling and intrusive. You say you don't want to ruin her, but the vibe I get is you are desperate to give her a comeuppance. This will not happen. It just won't. Many docs and most obgyns end up with a malpractice settlement over the course of their otherwise outstanding careers. Her insurance company, if you win or they settle, will cut your lawyer a check. There will be no swelling music in the background, there will be no sense of moral victory.
However, if you are simply in this for compensation and understand the limits of what the legal system can offer, then go to a lawyer. |
| I'm an L&D nurse. There is a reason OBs have some of the highest medical malpractice insurance around. The truth is, things happen that through no fault on anyone's part, resu |
| Did you sign a liability waiver at the hospital/office where the procedure occurred? What did it say- probably that you won't sue and the doc isnt responsible if the procedure and recovery aren't ideal, right? Theres your answer. |