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Posted on 10/29/20 at 6:26 pm to DByrd2
Judge Judy always throws them out.
Pssssssssssst on your pain and suffering
Pssssssssssst on your pain and suffering
Posted on 10/29/20 at 6:54 pm to DByrd2
quote:
Also why I am asking strictly about pain and suffering, as I likely won’t be having any medical bills.
If one has a case for med mal and funds are recovered the (value) of the medical bills from the MTF should be recovered and paid to the DoD under Title 10 USC Sec 1095.
The misdiagnosis wasn't at an MTF was it?
Posted on 10/29/20 at 6:59 pm to DByrd2
I could tell you, but then I would have to liquidate you with unbelievably extreme prejudice.
Posted on 10/29/20 at 7:28 pm to Obtuse1
quote:
The misdiagnosis wasn't at an MTF was it?
No, this was at a local hospital. All my MTF got to see was the scan report that said nothing about a growth.
Posted on 10/29/20 at 7:41 pm to DByrd2
quote:
No, this was at a local hospital. All my MTF got to see was the scan report that said nothing about a growth.
OK, the 2020 National Defense Authorization Act changed the Freres doctrine but I haven't needed to dig into the new laws re suing MTFs.
Just contact a good med mal attorney as soon as you can get the facts. Note there will be a statute of limitations in your particular jurisdiction so make the call as soon as possible, I don't want to get into SOLs which vary by jurisdiction and cause of action.
No legal advice just personal advice to seek an attorney.
Posted on 10/29/20 at 8:23 pm to Obtuse1
For sure, many thanks. Statute of limitations here begins on the date of the suspected event and ends two years later. Good personal advice. 
Posted on 10/29/20 at 8:28 pm to Obtuse1
(no message)
This post was edited on 11/7/20 at 4:36 am
Posted on 10/29/20 at 8:56 pm to DByrd2
GET GORDON!
GET IT DONE!
GET IT DONE!
Posted on 10/29/20 at 9:00 pm to DByrd2
What are the limits on their policy?
Posted on 10/29/20 at 10:45 pm to DByrd2
quote:
I want to know if it is worth my time (or a lawyer’s) to pursue pain and suffering caused by neglect.
I can’t give you advice but I can tell you what playing field you are on.
If there was malpractice in connection with the reading of the prior scan, you have had a condition that may have been addressed or corrected earlier. As of now you have had a month of headaches. Pain and suffering is generally how much pain for how long. You haven’t had much and it hasn’t been going on long. Right now, not much.
But the actual issue is whether the delay in diagnosis and treatment has caused you to sustain a loss of chance of a better outcome. Has it spread? Is the prognosis or treatment different because of the passage of time? Damages for loss of chance of a better outcome are pretty much whatever the finder of fact decides to award. Depending on the extent of harm caused by the delay, it could be big.
But if the delay wasn’t due to malpractice or if the delay didn’t affect your chance of a good (or identical) outcome, it ain’t worth the trouble.
Posted on 10/29/20 at 11:56 pm to DByrd2
Take special damages and give them approximately two times that amount (a third for the lawyer, a third for the victim and the specials for the health care providers). This is a very simplistic explanation, but about 90% of the time this formula works out pretty closely.
Posted on 10/30/20 at 6:38 am to DByrd2
Fractured jaw and minor whiplash was $10,000. fricker rear ended me in i10 bridge in BR, I don’t think he touched the brakes.
I didn’t bring up the payoff, I just wanted my medical bills paid.
I didn’t bring up the payoff, I just wanted my medical bills paid.
Posted on 10/30/20 at 7:23 am to Gorilla Ball
quote:
Fractured jaw and minor whiplash was $10,000
That seems really low to me. But I’m no expert.
Posted on 10/30/20 at 7:35 am to MikeBRLA
I didn’t know the jaw was fractured till the police officer recommended that I get a X-ray after seeing a cut on my chin. I just had to eat soft foods for about 3 weeks - no pain at all.
Posted on 11/2/20 at 8:51 am to DByrd2
Years ago, I worked on an OSHA case involving a worker who was inside a hog skinning machine when someone violated the lockout/tagout and turned it on.
This is pain and suffering. I wasn't involved in the wrongful death suit but I'm sure there was a large settlement (in Texas, the workers compensation bar does not apply to punitive damages in a death caee).
This is pain and suffering. I wasn't involved in the wrongful death suit but I'm sure there was a large settlement (in Texas, the workers compensation bar does not apply to punitive damages in a death caee).
Posted on 11/2/20 at 9:47 am to DByrd2
Month
1. $3,500
2. $3,500
3. $3,500
4. $3,000
5. $3,000
6. $2,800
7. $2,500
8. $2,500
9. $2,500
10. $2,500
11. $2,000
12. $2,000
.....
.....
Plus specials.
1. $3,500
2. $3,500
3. $3,500
4. $3,000
5. $3,000
6. $2,800
7. $2,500
8. $2,500
9. $2,500
10. $2,500
11. $2,000
12. $2,000
.....
.....
Plus specials.
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