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Thread: Lawsuit to a hospital information..

  1. #21
    Senior Member garyv's Avatar
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    Well I contacted a few lawyers and they say that Florida law for malprictice and injury in the hospital rules have really changed and part of the change was as Daisy said earlier in her post that since medicaare is making them pay for the wound care and in home nursing that unless it was something like loosing my sight or a a leg or something a lot worse then they do not have a case..
    From what I have read Florida law says you cant collect for anything like this unless I loose work time or something major to be able to sue, so I guess I cant get them for laying me up for a few months..
    It has probably came from all of the frivalus suits that are filed so they have tightend up on what they let go through the courts which in a way makes since because of all of the crap that go through ties up the courts and just ends up costing us money as well.
    I did have to order a new ROHO because I cant find the leaks in this one so I might call them and see if they will help pay for that since I need one for healing up..But since allowed one by medicare after I ordered my power chair last year they will not bill for it so it is out of pocket for me now.. $324.00 from sportaid.. The ROHO has worked for me for quite a few years so I do not want to change now but medicare changed their rules again , they expect a ROHO to last a lifetime once you get a power chair now from what I found out...
    Oh well ..
    Gary

  2. #22
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    Quote Originally Posted by garyv View Post
    Well I contacted a few lawyers and they say that Florida law for malprictice and injury in the hospital rules have really changed and part of the change was as Daisy said earlier in her post that since medicaare is making them pay for the wound care and in home nursing that unless it was something like loosing my sight or a a leg or something a lot worse then they do not have a case..
    From what I have read Florida law says you cant collect for anything like this unless I loose work time or something major to be able to sue, so I guess I cant get them for laying me up for a few months..
    It has probably came from all of the frivalus suits that are filed so they have tightend up on what they let go through the courts which in a way makes since because of all of the crap that go through ties up the courts and just ends up costing us money as well.
    I did have to order a new ROHO because I cant find the leaks in this one so I might call them and see if they will help pay for that since I need one for healing up..But since allowed one by medicare after I ordered my power chair last year they will not bill for it so it is out of pocket for me now.. $324.00 from sportaid.. The ROHO has worked for me for quite a few years so I do not want to change now but medicare changed their rules again , they expect a ROHO to last a lifetime once you get a power chair now from what I found out...
    Oh well ..
    Gary
    Amazing!!!! That is insane!!!! So this is Florida's way of quelling malpractice lawsuits?...you should contact the hospital and I bet they pay for your cushion.

    Let me do some research.
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

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  3. #23
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    Gary I sent you a private message....

    I found some information....
    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

  4. #24
    Dont BLAME the people filing lawsuits for the existence of BAD laws." Frivolous" lawsuits have nothing to do with it. It's politics. Republican politics to be precise. If you voted Republican then you elected legislators and justices who implemented the laws that are preventing you from suing. PLAIN and SIMPLE.
    "Frivolous" lawsuits do not exist because they last about two seconds and are thrown out. So much dust on the wind. That is if they even get filed which is almost never because 99.99% of the lawyers who handle litigation will not take meritless cases. "Frivolous lawsuits" is a term coined to feed the political machine. It is propaganda and nothing more.
    Why is it we feel like ours is the ONLY claim with merit and everyone else who is thinking about filing a lawsuit or filed a lawsuit has a "frivolous" claim??
    "If you are going through hell-keep going." -Winston Churchill

  5. #25
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    Quote Originally Posted by number1advocate View Post
    Dont BLAME the people filing lawsuits for the existence of BAD laws." Frivolous" lawsuits have nothing to do with it. It's politics. Republican politics to be precise. If you voted Republican then you elected legislators and justices who implemented the laws that are preventing you from suing. PLAIN and SIMPLE.
    "Frivolous" lawsuits do not exist because they last about two seconds and are thrown out. So much dust on the wind. That is if they even get filed which is almost never because 99.99% of the lawyers who handle litigation will not take meritless cases. "Frivolous lawsuits" is a term coined to feed the political machine. It is propaganda and nothing more.
    Why is it we feel like ours is the ONLY claim with merit and everyone else who is thinking about filing a lawsuit or filed a lawsuit has a "frivolous" claim??
    There are alot of frivolous lawsuits and republicans have nothing to do with itnor democrats for that matter.... It has everything to do with ambulance chasing lawyers who see an opportunity.... Remember the "hot coffee from mcdonalds" that resulted in "contents are extremely hot" being printed on the cups..... and all the other common sense things we have to be reminded of daily because someone has won a lawsuit LOL

    Gary does have a negligence case... I researched the laws last night. But it is not a "mcdonalds hot coffee case" so he has to find the "right" lawyer. Most only want the big money...you know the ones that get their names in the paper and merit a little attention in the newspaper and net big political money.

    Since Medicare is not even paying his bill...he really has no problem proving negligence and proper protocol was not followed by the healthcare facility.

    His will probably be settled quietly as the hospital already knows they are at fault so the attorneys know there is not much money in that for them as they can't bill Gary for a whole lot of time....

    In fact Florida has a law that requires pre trial discovery to prevent cases like this to get to malpractice/negligence/tort court system.....

    Did you know that Advocate? since you know so much about politics and fivolous cases and all?
    T12-L2; Burst fracture L1: Incomplete walking with AFO's and cane since 1989

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  6. #26
    Senior Member Clipper's Avatar
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    Quote Originally Posted by darkeyed_daisy View Post
    In fact Florida has a law that requires pre trial discovery to prevent cases like this to get to malpractice/negligence/tort court system.....
    This is not unique to Florida. Every court system in the country (state and federal) requires pre-trial discovery. Every single one. This is to facilitate fairness in litigation and has little to do with preventing cases from getting into the court system. In fact, discovery is triggered by the filing of a lawsuit and the responsive pleading.

  7. #27
    Senior Member Clipper's Avatar
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    Quote Originally Posted by darkeyed_daisy View Post
    There are alot of frivolous lawsuits and republicans have nothing to do with it nor democrats for that matter.... It has everything to do with ambulance chasing lawyers who see an opportunity.... Remember the "hot coffee from mcdonalds" that resulted in "contents are extremely hot" being printed on the cups..... and all the other common sense things we have to be reminded of daily because someone has won a lawsuit
    I think you misread Advocate's posting. He didn't say that Republicans are responsible for frivolous lawsuits. He said that Republicans are responsible for tort reform, which is true. Tort reform has imposed restrictions on personal injury lawsuits, like limiting punitive damages. Frivolous lawsuits are unethical and, as Advocate pointed out, lawsuits that lack merit are quickly dismissed because they cannot go forward without meeting certain requirements. The limitations imposed by tort reform are largely the result of out-of-control jury verdicts, which have absolutely nothing to do with ambulance-chasing lawyers. The jury in the coffee case awarded the plaintiff more than $2 million.

  8. #28
    Senior Member Clipper's Avatar
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    Quote Originally Posted by darkeyed_daisy View Post
    Gary does have a negligence case... I researched the laws last night.
    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.

  9. #29
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    Quote Originally Posted by Clipper View Post
    This is not unique to Florida. Every court system in the country (state and federal) requires pre-trial discovery. Every single one. This is to facilitate fairness in litigation and has little to do with preventing cases from getting into the court system. In fact, discovery is triggered by the filing of a lawsuit and the responsive pleading.
    Florida's is unique. Look it up. Their statutes changed in 2009.

    I know you are a lawyer or was in pre-law at one time but I can read statutes. This one only applies to Florida http://www.floridamalpractice.com/stat766.106.htm

    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.
    (3) PRESUIT INVESTIGATION BY PROSPECTIVE DEFENDANT.--
    (a) No suit may be filed for a period of 90 days after notice is mailed to any prospective defendant. During the 90-day period, the prospective defendant or the defendant's insurer or self-insurer shall conduct a review as provided in s. 766.203(3) to determine the liability of the defendant. Each insurer or self-insurer shall have a procedure for the prompt investigation, review, and evaluation of claims during the 90-day period. This procedure shall include one or more of the following:
    1. Internal review by a duly qualified claims adjuster;
    2. Creation of a panel comprised of an attorney knowledgeable in the prosecution or defense of medical negligence actions, a health care provider trained in the same or similar medical specialty as the prospective defendant, and a duly qualified claims adjuster;
    3. A contractual agreement with a state or local professional society of health care providers, which maintains a medical review committee;
    4. Any other similar procedure which fairly and promptly evaluates the pending claim.

    Each insurer or self-insurer shall investigate the claim in good faith, and both the claimant and prospective defendant shall cooperate with the insurer in good faith. If the insurer requires, a claimant shall appear before a pretrial screening panel or before a medical review committee and shall submit to a physical examination, if required. Unreasonable failure of any party to comply with this section justifies dismissal of claims or defenses. There shall be no civil liability for participation in a pretrial screening procedure if done without intentional fraud.
    (b) At or before the end of the 90 days, the prospective defendant or the prospective defendant's insurer or self-insurer shall provide the claimant with a response:
    1. Rejecting the claim;
    2. Making a settlement offer; or
    3. Making an offer to arbitrate in which liability is deemed admitted and arbitration will be held only on the issue of damages. This offer may be made contingent upon a limit of general damages.
    And yes I know every court has pre-trial discovery....but this is a bit much.

    One would find it interesting that it must be reported to the department of health (I highlighted in red). Since Medicare will not pay for conditions acquired in hospitals when hopsitals fail to provide proper care or are negligent in care. This is reported as soon as the patient leaves the hospital. Looks like it is all coming together when the patient files a negligence claim in court and they are going to prevent these cases from reaching the court system...wouldn't you think? There are going to be lots of them. I know...

    So do you know of any other state with statutes such as this?
    Last edited by darkeyed_daisy; 05-12-2011 at 04:19 PM.
    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

  10. #30
    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/
    "If you are going through hell-keep going." -Winston Churchill

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