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I don't know if it's my favorite thing or my least favorite thing when clients pay us money - presumably because we have people who've spent many years and lots of money for training and then many more years working their way up through the ranks and gaining decades of experience - and then proceed to fight us every goddamn step of the way because they looked stuff up and interpreted it their way, or because their accountant totally told them that we didn't know what we were talking about, or even better their hairdresser's cousin's nephew's great-great aunt had a similar case thirty years ago in a different country where the circumstances were completely different but still *surely*...Roger_Mudd posted:No one walks in the the OR and says "Doc, I know you've performed this surgery 100x before but this time lets do it my way". "I saw a great site that said blah blah". Maybe not, but they sure as hell love to Google symptoms and diagnose "CANCER!" to EVERYthing. It took me years to (mostly) break my mother of this habit. Mostly I just don't tell her when I'm sick anymore. Also, I along with everybody else here really, REALLY want to know the deadly dark secret Gobbledygook is so terrified of having let slip that he feels the need to fight his case here before heading off to a 'real' lawyer to get laughed at. Gobbeldygook posted:Ironically, if I took your suggestion and decided to go to therapy as a result of how upset I was by the experience, I would have damages I could put a number on. I can assure you that we have seen soooo many clients with all sorts of... well, 'issues', to put it in a vague and non-privacy-breaching manner. Some of them officially diagnosed, some of them just special people in their own special way. We tell them all the same thing, in a nicer way than people are telling you because they're paying us to be nice when we say it: just because you need therapy doesn't automatically make somebody else responsible. If they don't listen and continue to want advice, we continue to tell them nicely and continue to charge them until they run out of money or (god, I wish this was the more common response) come to their senses and trust us. Or hell, even get a second opinion. We're fine with that. Maybe someone will see something we didn't and take your case. Good for you. We even recommend other lawyers when you're not happy with us and want to see someone else. We're happy to either find someone who can help you, or at least get on with work that is actually going to help someone. In this case you've had a dozen or so opinions, none of which you've paid for. If you really think you have a claim despite EVERY opinion here being "no, you really don't", go see a drat lawyer already.
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Nov 30, 2012 07:05
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Gobbeldygook posted:1. I feel I have lost is my ability to implicitly trust medical providers. IT'S LITERALLY NO DAMAGE. I don't know how to word it any differently. That loss is zero loss. It's not hard to pin down. It's not tough to assign a value. It's nothing. You don't get to implicitly trust medical providers... that's loving retarded. You don't get to control what you say all the time. You didn't lose anything. You're just a weirdo, and I think you understand that you're a weirdo. The court doesn't reward that. I'm a lawyer. I know the answer, and you don't. Period. Seriously, beyond my utter contempt for you as a human being: if you were in my office and pushing a stack of cash towards me (making me love you and all is forgiven), I would tell you there is flat zero chance of you having a legal claim. This is not an exaggeration for internet effect. This is not a guess. You have ZERO claim. NO DAMAGE. Nothing happened to you. gently caress. woozle wuzzle fucked around with this message at 07:16 on Nov 30, 2012 |
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Nov 30, 2012 07:11
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Alterian posted:I think this is a requirement before receiving it. I just had a baby and while I was going through the worst pain imaginable, they made me sign a waiver before they'd start an epidural. Yes. It is a requirement except in exigent circumstances in which informed consent is not required (as standard in common law pretty much everywhere). Realistically the only way to get general anesthaesia for a medical surgical procedure without having signed an informed consent waiver, is for the medical situation to be so dire and life-threatening that it would be too risky for there to be any delay taken to attempt to get your consent. In that case, they can simply give it to you. Example: unconscious GSW victim with internal bleeding rolls into the ER, needs immediate surgery to repair a life-threatening damaged artery. The docs will not wait until he wakes up, but will instead take whatever action is required. A second, lesser known reason why they ALWAYS will make you sign the release, is that it mitigates billing problems down the line. It makes it much more difficult for you to say "I never agreed to that procedure" when you have a signed consent form. And any procedure involving anaesthetic is going to be EXPENSIVE. What this means, is that you almost certainly signed one. You may simply be able to contact the hospital and get a copy.
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Nov 30, 2012 08:08
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mastershakeman posted:I actually had a pretty solid IIED claim come up about 5 years ago, but it's so hard to prove damages (and the guy was likely judgment proof anyways) that it wasn't worth pursuing. I sort of wish I had anyways just because they're so rare. Switching over to NIED for a sec, are you in a physical impact state? -e- Gobbledyweirdo, where I'm going with this is that some states require you to have been physically impacted (by that, the mean a physical, external force from the event that caused the tort, hitting your body and causing physical bodily injury.) In absence of a physical impact, those states require that the emotional trauma was so extreme from the event, that it manifest itself as a physical injury of some sort. The classic example is witnessing a car accident that brutally creams a child into a red paste along the ground. In a physical impact state, you cannot meet the element of impact, because you were not physically touched by the car accident. You'd only meet the impact element if you then suffered from breaking out into hives every time you touch a car, or a child. AND you'd have to have a doctor prove the causation of that condition comes from the car wreck -- which is itself very contestible. And that's not touching the damages issue, or anything else. That's just one single element of the tort in a certain set of states. It does not address the existence of a duty of care, the breach of that duty, any intent (if it is IIED), damages, causation, defenses, or any other relevant issue. It does not touch the question of insurance coverage/abrogation/indemnity for NIED vs. IIED. Some states have this rule. Others don't. Others still have a hybrid rule. Much of these rules is buried deep in state-by-state caselaw, often with their basis on a 50-100 year old case or more, with dozens of subsequent cases expanding on little aspects here and there. Most of this will never be found with a google search. This is the reason that we spent shitloads of money and time learning the law. We already know much of this stuff (especially in areas we practice) and we know where to look to find out what we don't know; and we know how to frame our arguments in the manner that the court will consider. It's that experience that is saying to you "just drop it." Leif. fucked around with this message at 09:10 on Nov 30, 2012 |
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Nov 30, 2012 08:42
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Diplomaticus posted:This is the reason that we spent shitloads of money and time learning the law. We already know much of this stuff (especially in areas we practice) and we know where to look to find out what we don't know; and we know how to frame our arguments in the manner that the court will consider. It's that experience that is saying to you "just drop it."
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Nov 30, 2012 10:18
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I had Versed for minor surgery three weeks ago and wound up saying "I'm still awake" in a desperate attempt to tell the doctors not to go through operating on a conscious patient. It was actually three hours later and I'd been unconscious the whole time. welp, that's my story, Versed owns gas OP
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Nov 30, 2012 10:26
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Gobbeldygook posted:It's like you guys all skipped over the paragraph in my last post where I admitted you were right about my chances of legal action and was going to drop the issue. No but you don't get it, man. My consciousness... it ended. How do I know I didn't die? How did I know I'm the same person that I was before they injected me against my will? Why wouldn't a court want to recognize my half-assed stoner philosophical objection to routine surgical procedure? Next time get cut open without anesthetic if it was so damaging for you to be out for like an hour you big bitch
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Nov 30, 2012 11:02
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Gobbeldygook posted:It's like you guys all skipped over the paragraph in my last post where I admitted you were right about my chances of legal action and was going to drop the issue. You are now a proxy recipient of all the bile we've stored up over years of dealing with clients just like you, but who we couldn't vent our spleens upon because they were our clients.
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Nov 30, 2012 17:13
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Gobbeldygook posted:It's like you guys all skipped over the paragraph in my last post where I admitted you were right about my chances of legal action and was going to drop the issue. Sorry, some paralegal walked by and jabbed some Versed in my arm. I just woke up and tried to toxx myself for Obama. Yet strangely I remained mad at you.
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Nov 30, 2012 18:36
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joat mon posted:You are now a proxy recipient of all the bile we've stored up over years of dealing with clients just like you, but who we couldn't vent our spleens upon because they were our clients. Bile is stored in the gallbladder. The spleen is actually part of your immune system!  (why don't we have a :medicine: emoticon?)
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Nov 30, 2012 18:51
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Kloaked00 posted:Bile is stored in the gallbladder. The spleen is actually part of your immune system! Awww gently caress, you beat me to it. Damnit. But wherever the bile is coming from, please continue to spill it. This is entertaining reading.
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Nov 30, 2012 19:07
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Kloaked00 posted:Bile is stored in the gallbladder. The spleen is actually part of your immune system! But if you're talking about bodily humours, the spleen is the source of black bile. (and the source of the metaphor) 
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Nov 30, 2012 19:22
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Hey Gobbeldy did you contact the State's Attorney and insist on felony charges against the medical staff who violated you?
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Nov 30, 2012 20:44
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Does anyone know anything about false accusation laws in Maryland? I apologize in advance if my explanation of what is going on is a little shaky or hard to follow; I’m not directly involved in any of this and I really don’t know poo poo about the law. The situation is as follows: Long story short, my mother was arrested yesterday because her boyfriend’s wife (who is a crazy person and who he is separated from) went to the police commissioner’s office and swore out a warrant for three felony burglaries against my mother and her boyfriend. I can’t testify that they didn’t carry out a burglary, but my mom is not a loving criminal. Apparently, making a statement under oath for a felony is probable cause to just straight up arrest someone. She did not present any evidence whatsoever, nor do they have any prior convictions. It's obviously straight up perjury. Crazy Woman sent a text to my mother today saying something along the lines of “I hope you have another $5,000 in bail money because I’m filing another charge." My mother and her boyfriend have been receiving similar phone threats (text messages and voicemail; my mom has never met or spoken to her before) from this woman for almost two months. They have pages upon pages of evidence of Crazy Woman threatening to get them both thrown in jail forever, ruin their reputation, make it so they can never get a job, etc. She has threatened basically everything short of bodily harm. This latest incident of them getting arrested is revenge for my mom filing a peace order and harassment charges against Crazy Woman, most likely. I don’t know what’s gonna happen with this in the long run. I’m not too worried about my mom actually being convicted of this poo poo since there’s literally no evidence. What we are worried about though, is Crazy Woman fabricating more arrests between now and the court date, which is in a couple of weeks. My mom’s lawyer called the State’s Attorney’s Office and basically told them to refrain from issuing any warrants unless some evidence is presented and this lawyer is out of town until December 5th. We have no idea if this is going to work. Anyone have any advice? My mom is a loving wreck right now and I can't do anything. She's terrified that the cops are gonna show up at any second to cart her off to jail again. Top Gun Reference fucked around with this message at 00:54 on Dec 1, 2012 |
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Nov 30, 2012 21:35
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Warcranium posted:Mom's boyfriend's crazy wife If the cops cart her off again, there's not a lot she can do about it. Her lawyer's on it. There's not a lot more he/she can do right now, either. Mom should get physical copies of her peace order and all the evidence of Crazy's threatening to get them both thrown in jail forever, ruin their reputation, make it so they can never get a job, etc. (but not the crap that makes mom mad or merely shows Crazy in a bad light; just the stuff pertaining to threats of jail and slander/libel) If mom is arrested, she should be calm and not crazy, and give the arresting/ investigating officer a copy of her packet. Mom should wait to talk to her attorney about pursuing criminal changes against crazy. Once things settle down on the arresting side, mom can go talk to a lawyer about civil action re: crazy (But I'm betting crazy hasn't got a lot of money?) And perhaps next time wait until her boyfriend isn't also a husband.
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Nov 30, 2012 22:07
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joat mon posted:<Helpful stuff> Yeah, no kidding. I tried like mad to convince her that you never, ever get involved with a married person. But nope, ~*~love~*~ or something. Thanks for the reply, though. I think she's done all of the above. They have all the phone records and the phone companies of all parties have been subpoenaed from what I understand. Pretty much everything in that stack would incriminate Crazy. Like I said, my mom has had no prior contact with her. It's just been nothing but threats and vitriol. She has already filed criminal harassment charges against her. And no, civil action would probably just end up costing my family more money than we'd get back. It's just so loving astounding to me that someone can just be arrested based on some person's word and nothing else. Really sucks that there's nothing we can do if this person decides to swear out another warrant like this  . We don't have the money to keep bailing them out.
Top Gun Reference fucked around with this message at 02:35 on Dec 1, 2012 |
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Nov 30, 2012 22:29
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nm posted:You NEED a lawyer. Do it loving yesterday. Go to court and tell them you want a lawyer. They'll almost certainly let you continue. Call a lawyer now. Pork Minstral just in case you think nm is overreacting you should have look towards the beginning of this thread. Someone posted facing deportation after being convicted of public urination because in some places haling your ding dong out in public is a sex offense.
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Dec 1, 2012 00:26
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Agesilaus posted:Hey Gobbeldy did you contact the State's Attorney and insist on felony charges against the medical staff who violated you? Diplomaticus posted:Yes. It is a requirement except in exigent circumstances in which informed consent is not required (as standard in common law pretty much everywhere). I'm sure you will be shocked, shocked to learn that I did sign an anesthesia consent form, but I realize now why I have no recollection of this. I can clearly remember my surgeon sitting down with me and giving me the rote talk about the risks of the surgical procedure itself. I signed a combined surgical/anesthesia/blood transfusion consent form with a nurse as a witness at 8:17 AM and he signed at 8:24. This is the part where I allow you guys to laugh at me: I can remember the surgeon saying I would now talk to the anesthesiology consultant and leaving, but I have absolutely no memory whatsoever of meeting whoever it was that signed the part of the form saying I was informed of the risks of anesthesia at 8:30 AM (they only initialed). So I don't remember signing it in part because I'm pretty sure I signed it before The Mystery Anesthesiologist spoke to me at all, so I had no mental link between signing that form and anesthesia. Clearly, I was drugged much earlier than I thought!  The anesthesia consent is a single paragraph and not particularly detailed. There's no mention of recall - intraoperative or otherwise - only of physical risks to life and limb relating to intubation & sedation (loss of breathing, death, etc), the specific risks associated with regional anesthesia, and warns I might become unresponsive to commands. In any case, I did sign it.
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Dec 1, 2012 01:37
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Gobbeldygook posted:
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Dec 1, 2012 01:45
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You drew a sketch of a form you remember signing???
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Dec 1, 2012 01:47
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euphronius posted:You drew a sketch of a form you remember signing??? 
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Dec 1, 2012 02:38
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Does your sketch look something like this
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Dec 1, 2012 03:29
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There's no king's seal, therefore it's de facto invalid. With this new evidence, I estimate that your case is worth $1-2 billion, maybe more if your state has punitives.
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Dec 1, 2012 03:38
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There really aren't enough agreements involving the phrase "getting my dong razzled". I hate corporate work because it's boring and repetitive but that... that would be interesting. Then again, now that I think on it, there's no good reason not to assume that something like "now therefore, in consideration of the sum of One ($1.00) Dollar and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged" involves dong-razzling. Good and valuable razzling, the receipt and sufficiency of which were acknowledged.
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Dec 1, 2012 03:53
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Bro Enlai posted:Does your sketch look something like this
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Dec 1, 2012 04:02
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Adar posted:I had Versed for minor surgery three weeks ago and wound up saying "I'm still awake" in a desperate attempt to tell the doctors not to go through operating on a conscious patient. Seriously. I dislocated/fractured my shoulder and was in terrible pain. Go to the ER get a shot of midazolam, they do the reduction and I wake up feeling pretty drat good.
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Dec 1, 2012 04:26
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Guys, hold up. Everyone is missing the most important question of all. Gobbeldygook, describe if this experience has left you an impotent shell of a man. Bam, loss of consortium.
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Dec 1, 2012 05:07
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Schitzo posted:Guys, hold up. Everyone is missing the most important question of all. Law school exam question: Can a man who has never been laid, and it can be objectively shown he will never be laid, lose his consortium? If so, are damages restricted to a very pleasant glove and baller fingernail clippers?
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Dec 1, 2012 05:09
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Schitzo posted:Guys, hold up. Everyone is missing the most important question of all. I'll sue for for wrongful death... of my manhood
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Dec 1, 2012 05:10
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Aside: Nothing more awkward then a woman with a TMJ injury and a loss of consortium claim tacked on.
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Dec 1, 2012 05:12
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Gobbeldygook posted:poo poo about timing and crack-head theory of being drugged earlier. Do you believe me now that you had retrograde amnesia and don't remember much of what happened in the staging room? I don't care what some poo poo paper you found on google says about amnesia in patients, I see retrograde amnesia in surgical patients all the time. And just in case you were being serious, they didn't drug you earlier.
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Dec 1, 2012 05:23
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Gobbeldygook posted:stupid poo poo from a stupid person No one loving cares you idiot
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Dec 1, 2012 05:35
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dingledangle posted:Do you believe me now that you had retrograde amnesia and don't remember much of what happened in the staging room? I don't care what some poo poo paper you found on google says about amnesia in patients, I see retrograde amnesia in surgical patients all the time. And just in case you were being serious, they didn't drug you earlier. Or take this study from the BMJ (PDF) that is a double-blind comparison of propofol and sevoflurane for induction without any premedication. All 102 patients in the study had a face mask applied to them before induction and all but one remembered the mask. Gobbeldygook fucked around with this message at 06:14 on Dec 1, 2012 |
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Dec 1, 2012 06:09
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Thanks for your interesting and useful contribution to the legal questions megathread. Love the legal analysis. Where'd you go to law school?
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Dec 1, 2012 06:22
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Gobbeldygook posted:There's a huge difference between the fallibility of human memory and retrograde amnesia. The former is part of why half the population can watch a video of people passing a basketball back and forth and fail to notice a dude in a gorilla suit stroll into the frame while the latter is a consequence of massive brain trauma. Ask a defense attorney about the reliability of eyewitnesses. Honest question: Has anyone ever described you, to your face, as a crazy person? Because, to the extent that it's possible over the internet, everyone in here is calling you a crazy person to your face. And I'm a prosecutor. I deal with crazy people for a living, and you're loving crazy.
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Dec 1, 2012 06:38
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Gobbeldygook posted:The former is part of why half the population can watch a video of people passing a basketball back and forth and fail to notice a dude in a gorilla suit stroll into the frame while the latter is a consequence of massive brain trauma. Dude... with all due respect, you're a little of column A, little of column B.
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Dec 1, 2012 07:00
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I love this thread, and I love that a drug addict has now derailed it.
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Dec 1, 2012 07:42
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Gobbeldygook posted:There's a huge difference between the fallibility of human memory and retrograde amnesia. The former is part of why half the population can watch a video of people passing a basketball back and forth and fail to notice a dude in a gorilla suit stroll into the frame while the latter is a consequence of massive brain trauma. Ask a defense attorney about the reliability of eyewitnesses. Stop googling studies that you think support your claims and then cite them here. I finally bothered to waste my time looking at your sources and, go figure, none of them mention Versed in their methods. Your most recent article compares propofol with sevo. Once again, this lends you no support since your "damages" were caused by midazolam. Go away. E: Oh, and retrograde amnesia can present with things as simple as a concussion, not necessarily "massive brain trauma" as you say. Those people usually end up dead. Stop playing internet doctor. dingledangle fucked around with this message at 08:38 on Dec 1, 2012 |
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Dec 1, 2012 08:33
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I WAS going to ask what you guys do when someone is convinced that they're right, even though you're the one who went to law school. It sounds like it's pretty much "tell them they have no case, offer a referral if they want a second opinion and the bill them by the hour if they really want to waste everyone's time. I'm sure you get this kind of thing a lot but do you ever get a client who takes it to the next level and has an argument that is both brilliant and wrong at the same time? Stuff like the people who write their names in all lower case, simultaneously clever and dumb.
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Dec 1, 2012 10:59
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There's nothing clever about those particular folks. They're pretty much globally recognized as frivolous and vexatious litigants who represent another unnecessary strain on an already strained system.
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Dec 1, 2012 11:37
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