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    Old 08-18-2016, 05:28 AM   #1
    superwoman
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    Default Heart problems!

    Hello,
    My sister’s daughter, 5 years old was having some heart problems, she was born with a congenital heart condition, she has a hole between the two ventricles of the heart. And upon the doctor’s advice, we agreed for the surgery. But, unfortunately, the surgery was not successful. The muscle that had to be removed was removed from the wrong location of the heart. Now, she has a learning disability because of this and she is facing several other issues which is too much for a 5 year old. Now we have to spend so much more for her treatment , and her parents are finding it so hard to make both ends meet. So my uncle suggested that we could claim for damages from the hospital and doctors who performed her surgery. I was just looking online for similar cases and found this case ( by Sommers and Roth, a Toronto based law firm) where the family of a girl who won $15 million at a trial in a similar case. I just hope we get successful and she gets back to her normal life soon. Need your prayers and advice. Thanks!!

    Last edited by superwoman; 08-29-2016 at 03:34 AM.. Reason: Removed link
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    Old 08-22-2016, 09:15 AM   #2
    Vdad
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    Default Re: Heart problems!

    Well, you're bringing up a lot of different issues.

    If her heart surgery failed b/c of medical or surgical negligence as you claim...who told you this, btw?...you can sue for malpractice. The amount awarded is determined by specific factors related to the medical condition requiring surgery, the age of the patient, the actual surgical procedure, and the significance of the blunder..it's actual level of impairment to functioning, and based on age, the length of life that blunder will affect the patient.

    Whatever you might collect, though, won't make her live a"Normal" life, the whole point of suing for malpractice is that unfortunately is no longer the case due to the negligence itself. What the settlement provides is cash for "Pain and suffering", the emotional consequences of the blunder, as well as the anticipated costs of remediation of the functional losses.

    Rather than talk with us or look online for similar cases, you should consult an attorney.

    Good luck!
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    Old 08-23-2016, 02:04 AM   #3
    artmom
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    Default Re: Heart problems!

    Going to court is costly and may take a substantial amount of time, and doesn't guarantee a win on your side.
    If you are suspecting malpractice you should get in contact with the hospital and the Regional Health Organization and request an investigation or get advice on how to go about that. If you are strongly considering the legal route, the more evidence and documentation you have the better.
    Do the parents have insurance? Or is there any other program they can apply for to help cover costs?
    Another option is to reach out to friends and family to pool money together. At my work, people hold office fundraisers for things like this. Even if it doesn't cover everything, it does help alleviate the burden.
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    Old 08-23-2016, 06:17 AM   #4
    Vdad
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    Default Re: Heart problems!

    Quote:
    Originally Posted by artmom View Post
    Going to court is costly and may take a substantial amount of time, and doesn't guarantee a win on your side.
    If you are suspecting malpractice you should get in contact with the hospital and the Regional Health Organization and request an investigation or get advice on how to go about that. If you are strongly considering the legal route, the more evidence and documentation you have the better.
    Do the parents have insurance? Or is there any other program they can apply for to help cover costs?
    Another option is to reach out to friends and family to pool money together. At my work, people hold office fundraisers for things like this. Even if it doesn't cover everything, it does help alleviate the burden.
    Sorry, the above quoted post is incorrect in it's entirety.

    If another MD has already diagnosed medical error...confirmed that the surgical procedure was, in fact, performed incorrectly...and that the resulting symptoms are the result of that blunder...then it's a case of medical negligence, a.k.a "Malpractice" The next step would be to consult a personal injury attorney, who will review the specifics of the situation. If they take the case, they typically take it on a contingency basis, which means that the client pays nothing, and if an award is granted, the attorney takes a percentage of that award, usually 1/3. There are no out of pocket costs to you, there are no expenses you are responsible for.

    Do not involve yourself with investigations or contacting the hospital directly or any other activities that can be legally misinterpreted as extortion or "Trouble making", or otherwise damage your claim. It is essential to give your attorney all the facts as well as a "Clean" case and let them take care of it.

    Reaching out to friends and family for support is fine, but you risk adding awkwardness and perhaps more by suggesting a financial "Pool" to help cover added medical or rehabilitative costs incurred by negligence.

    If you have the "Proof"...the assessment of another MD...that the injuries sustained by your child are, in fact, the result of medical malpractice AND the result involve costs that otherwise would not have been incurred by you, either now or in the future, then a legal action against the MD and perhaps the hospital as well is the best option to recoup the monies you'd need to spend to compensate for the effects of the injuries, both physical as well as emotional.

    There are times when you need more than just an opinion of well intentioned parents on an online board, this is one of them. What I have just stated is factual and not open to ongoing discussion or opinion.

    Good luck to you.
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    Old 08-23-2016, 07:40 AM   #5
    artmom
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    Default Re: Heart problems!

    First, I really think you should talk to the parents and discuss how to bring the family together to help. Pride is one of the 7 deadly sins where people allow themselves and their families to suffer, even though help and relief is just a step away but they refuse to take it because they're afraid of what others would think. If the rest of the family is aware of the situation I'm sure they will hold no judgement, or they will, at least, understand if the parents ask for financial support.
    Secondly, of course you can't just go about investigating yourself. I never said that, Vdad. But doctors are not controlled and regulated by themselves. They have to answer and adhere to an ethics code. What I was getting at is that hiring a lawyer or an attorney is expensive and going to court may not win you the case. I can't tell you what or what not to do, but I just wanted to throw it out there that in case you are going that route. If you are you need to have everything prepared. This wouldn't be a trial, but a civil case. There has been high profile cases I've seen in the news where the families of victims have tried taking hospital staff and the Regional Health Authority to court for some pretty serious allegations just to be disappointed in the end because a lack of proof there is a beyond reasonable doubt that malpractice or negligence was preventable.
    It's unfortunate that these things happen but they do.
    The best thing to do is try to be there for the girl and parents as you are doing now. Nothing is going to make everything go back to the way it was.
    Pooling money isn't a forced or pathetic hand out. It's about family and friends contributing what they are willing in order to help kinship that's going through hard times. There isn't anything "awkward" about that. Lots of families do this.
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    Old 08-23-2016, 02:21 PM   #6
    mom2many
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    Default Re: Heart problems!

    While I do think this post has a spam aspect. I will allow it to go on because it does broach an interesting topic.
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    Old 08-26-2016, 09:05 PM   #7
    Vdad
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    Default Re: Heart problems!

    Quote:
    Originally Posted by artmom View Post
    Going to court is costly and may take a substantial amount of time, and doesn't guarantee a win on your side.
    If you are suspecting malpractice you should get in contact with the hospital and the Regional Health Organization and request an investigation or get advice on how to go about that. If you are strongly considering the legal route, the more evidence and documentation you have the better.
    Do the parents have insurance? Or is there any other program they can apply for to help cover costs?
    Another option is to reach out to friends and family to pool money together. At my work, people hold office fundraisers for things like this. Even if it doesn't cover everything, it does help alleviate the burden.
    I think those that take the time to help others are good people, you get a +1 for your efforts in general.

    But, you still have this one wrong, and your advice can actually prevent the OP from getting the assistance she and her child need. It's not often that someone posts an issue where there's a correct answer, but this is one of those times, and I know the facts here.

    Let me repeat: If the OP has conclusive evidence that her daughter's current health condition is the result of medical negligence, she should find a personal injury attorney and discuss the specifics of the case with him/her and not do anything else with regard to contacting the doctors, their licensing body, or the hospital.

    There is NO COST, it is NOT 'expensive' as there is no expense, the attorney does NOT charge or take ANY money unless there is a settlement or judgment in the defendant's favor. Then, they take a percentage of the award, usually 1/3.

    There's nothing wrong with pooling resources or asking family, although I personally think it's awkward and the amount cannot possibly cover the expected expenditures of a truly botched heart surgery.

    Please, stop talking, you run the very real risk here of doing the opposite of what you intend.
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    Old 08-26-2016, 10:15 PM   #8
    artmom
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    Default Re: Heart problems!

    Quote:
    Originally Posted by Vdad View Post
    I think those that take the time to help others are good people, you get a +1 for your efforts in general.

    But, you still have this one wrong, and your advice can actually prevent the OP from getting the assistance she and her child need. It's not often that someone posts an issue where there's a correct answer, but this is one of those times, and I know the facts here.

    Let me repeat: If the OP has conclusive evidence that her daughter's current health condition is the result of medical negligence, she should find a personal injury attorney and discuss the specifics of the case with him/her and not do anything else with regard to contacting the doctors, their licensing body, or the hospital.

    There is NO COST, it is NOT 'expensive' as there is no expense, the attorney does NOT charge or take ANY money unless there is a settlement or judgment in the defendant's favor. Then, they take a percentage of the award, usually 1/3.

    There's nothing wrong with pooling resources or asking family, although I personally think it's awkward and the amount cannot possibly cover the expected expenditures of a truly botched heart surgery.

    Please, stop talking, you run the very real risk here of doing the opposite of what you intend.
    Perhaps it's more about where you're located. I've never heard of a "free attorney" or any court appearances that are free. There is legal aide which has a discount cost, but it's not free.

    And don't tell me to stop talking. Who are you? You have been picking apart my posts and telling OP's to not listen to me. Just because you disagree with me doesn't mean everyone else has to. I don't do that to you.
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