Tuesday, February 17, 2009

A Lawyer Tells All! or; Why You Can't Sue

You will probably NOT be able to sue your caregivers no matter what! Let that sink in. There is no malpractice crisis in America. There are almost zero successful malpractice suits because Doctors and all their minions and support groups, hospitals et. al. are effectively immune from prosecution. Why is it that the public believes that Doctors are sued all the time by litigious patients who are just greedy? This is FALSE so how did the Doctors get people to believe it?

The TRUTH OF THE MATTER is that Doctors have gotten progressively more sloppy over the last 20 years. That coincides with the advent of Versed, so let's look at some of the more obvious reasons for this.

The lawyer states that it is NOT ENOUGH that the care giver "ran the stop sign." You said no, you didn't sign an informed consent, you had your procedure misrepresented, one of the side effects that they failed to warn you of happened, the CRNA was working without oversight, they did the old "bait and switch" to allow a student to do your surgery, they let nurses practice threading a catheter into your sexual organs, you were harmed? TOO DAMN BAD! That's right. Just because the medical people broke many laws doesn't mean that you can sue, you can't.

So the medical people ran the stop sign. They were only trying to help you. You have to PROVE that not only did they run the stop sign, you have to prove that the stop sign was there for a reason, that the stop sign wasn't a yield sign, and that by running the stop sign they caused you permanent harm.

Not only do you have to prove that they caused permanent harm, but that EVEN IF you said no, that you would not have continued with the procedure once they told you all the stuff that could happen. Saying no (stop sign) doesn't really mean no. It means nothing. This is why you can't say no. Even if you say no, it could have meant that you really meant yes, but you didn't know that you really needed this regardless of risk and you are too stupid to decide.

Are you confused? That's what they want. while they say they want patients to be involved in their own health care, this is a lie. They only want you involved to the point where you recognise that they are GODS and you show the proper deference.

If you try to sue, you will be viciously attacked by the defence counsel. They will fight you tooth and nail. Just because you said NO, didn't have an informed consent, weren't given alternatives to intrusive surgery, weren't warned of any side effects, and were basically hit in the head with drugs, especially Versed, got a preventable infection, had severe side effects that ruined your life, too damn bad. You are pond scum and deserve to be further harmed by the medical profession.

If you don't have deep pockets forget about being able to sue. The lawyers know that it will be a protracted fight and will want you to pay for their out of pocket expenses at the very least. These can add up. At the top of the list is your "expert witness."

This is a Doctor who is also a witness. Not just any expert Doctor will do. THIS Doctor has to make his living doing trials because the AMA has probably black balled him/her for speaking out against his fellow medical professionals. That's right, the AMA retaliates against Doctors who tell the truth about the harm done to patients. This will cost you $10,000 to $25,000.

There are a lot of miscellaneous fees too, court fees, filing fees, etc. This all adds up. If you are already injured this will probably be too costly. The Doctors have plenty of money to defend themselves.

Versed is a perfect drug because mental illness is subjective. Not many of us have the foresight or money to have a cognitive function test done before we are injected with Versed. The drug was a total surprise to me, as it is to most people. I have spoken of the excuses given as to why Versed couldn't possibly be the culprit so I won't go over them here, but rest assured they will never admit that their wonder drug causes enormous suffering in a lot of people.

Next time you go to the hospital go over the consent with a fine tooth comb. Strike anything you don't want and initial it. Write in large red letters with the red indelible pen you brought with you, NO VERSED UNDER ANY CIRCUMSTANCES! Protect yourself. This may enable you to sue when they go ahead and do whatever the hell they freaking want to anyway.

Stay awake as long as possible. Stay awake and supervise THE WHOLE THING if possible. You can't tell me that these Doctors aren't a lot more careful when they have an awake and cognizent patient. That way if there is an oops moment you can remember. If you are going to be a wake anyway, just amnestic, there is no reason why you can't be awake and AWARE...

Document document document. If you do get a lawyer interested make sure that you know who it was that screwed up. You need the name and title of every person in the room and who they are working for, the hospital, an anesthesia group, who is it you need to talk to if there is a problem. This is really important.

Get your records as soon as possible even if there was no problem. Hospitals heavily redact (in violation of the law) your chart if they think there is a problem. They don't get into any trouble for this so it is standard procedure. Make sure you get you copies lest something show up later. These people are adversaries, you need to even up the playing field.

Be prepared. Keep in mind that you may need to sue. As lax as hospitals and surgeons are about your life and safety you need to be an advocate for yourself even before you need a lawyer.

I am adding that the district attorney in St. Maries Idaho told me that ALL OF THE PATIENT RIGHTS LAWS ARE CIVIL LAWS. What that means boys and girls is that the Doctors, hospitals, clinics etc. have absolutely no criminal offense laws that pertain to them. They know this. The civil lawsuits that they have been crying about for so long are basically non existant. This has led to the health care crisis we have today. There is no government oversight to make sure that we are not RIPPED OFF by predators at the hospital. We ARE considered prisoners of the hospital and they feel that they can do everything that they want to do to you. There is nothing we can do about it!!! There are no lawyers who want to take these cases of assault and patient rights violations. There is money to be made by forcing us to endure more treatment than we want and the drug of choice to ensure that we can be abused is Versed.

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