Persuing a claim without an attorney

Latest post Mon, Apr 3 2017 10:19 PM by jerryrocks. 25 replies.
  • Thu, Mar 30 2017 3:42 PM

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Persuing a claim without an attorney

    Anyone here a MP lawyer?

    Know a way to find a nurse at a hospital?

     

  • Thu, Mar 30 2017 4:09 PM In reply to

    Re: Persuing a claim without an attorney

    jerryrocks:
    Anyone here a MP lawyer?

    There is one lawyer on the boards from CA but site rules prohibit soliciting clients from the boards.  Many of the attorneys who volunteer their time here do not take clients from the message boards regardless.

    jerryrocks:
    Know a way to find a nurse at a hospital?

    Walk through the door?  You don't saw what you want the nurse for in relation to your case so it isn't possible to advise on finding one.

    Medical Malpractice is a VERY specific and complicated area of law.  Many states require that a potential Plaintiff get a certificate of merit from a recognized expert that the issue relief is being sought for does indeed arise from negligence or malpractice.  That review of records can cost thousands of dollars depending on the complexity of the case.  Then there are potentially depositions and witness testimony not to mention actual trial.

    While in theory it is possible to pursue this kind of claim pro-se it really is not recommended given how complicated this area of the law is.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Mar 30 2017 4:30 PM In reply to

    Re: Persuing a claim without an attorney

    Pursuing a medical malpractice case without a lawyer is a fool's errand.

    The malpractice insurance company's lawyers will make mince meat out of you.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Mar 30 2017 4:54 PM In reply to

    Re: Persuing a claim without an attorney

    jerryrocks:
    Anyone here a MP lawyer?

    Some of the lawyers who post here regularly may handle malpractice claims, but I don't think any are in CA.  Why do you ask?

     

    jerryrocks:
    Know a way to find a nurse at a hospital?

    Yes.  Call the hospital switchboard and ask to speak to a nurse.

  • Thu, Mar 30 2017 6:28 PM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    ClydesMom:

    jerryrocks:
    Anyone here a MP lawyer?

    There is one lawyer on the boards from CA but site rules prohibit soliciting clients from the boards.  Many of the attorneys who volunteer their time here do not take clients from the message boards regardless.

    jerryrocks:
    Know a way to find a nurse at a hospital?

    Walk through the door?  You don't saw what you want the nurse for in relation to your case so it isn't possible to advise on finding one.

    Medical Malpractice is a VERY specific and complicated area of law.  Many states require that a potential Plaintiff get a certificate of merit from a recognized expert that the issue relief is being sought for does indeed arise from negligence or malpractice.  That review of records can cost thousands of dollars depending on the complexity of the case.  Then there are potentially depositions and witness testimony not to mention actual trial.

    While in theory it is possible to pursue this kind of claim pro-se it really is not recommended given how complicated this area of the law is.

    Attorneys volunteering time on a forum? Are they that noble? LOL!

    I'm not looking to "hire" an attorney for a case, my damages are apparently not that substantial to be 1 out of 1000  cases they take on ;)  I've just lost and will lose time from work and life, which are about the same (I am beyond punching a clock and bowling in a local league) - hopefully will be back to somewhat normal eventually. Like the title says, I'm looking to peruse a claim w/o an attorney, but I am seeking an attorney (firm) for consulting - and not like I'm stupid enough to go to court myself. One attorney talked about putting me on contract to help and maybe take on the case down the line - Cool, maybe down the line then ;)
    A "claim" is not the same as a "case", tho they often get confused - for discussion, a claim is the assertion, a case is the legal avenue.
    The facts are clear - doctors were negligent as Satan - but even tho the claim has heavy merit the case may not be worth perusing - BUT pursuing a claim how-ever, that's different - a fair settlement can windfall near the same as going at it and paying an attorney + cost. And hey, I'm not greedy.
    On the nurse  - one great nurse could be in the middle of all this, she was upset that the doctors (2) wouldn't own up their foul-ups-  she'll be beneficial to talk to before firing the first salvo of a claim, but I do not wish to jeopardize her job and status, if she is even at that same hospital still. I found the doctors info, but nurses are harder to run down.

  • Thu, Mar 30 2017 6:32 PM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    adjuster jack:

    Pursuing a medical malpractice case without a lawyer is a fool's errand.

    The malpractice insurance company's lawyers will make mince meat out of you.

    Thanks for the advice bro, I will take it under advisement.

  • Thu, Mar 30 2017 6:41 PM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    ca19lawyer2:

    jerryrocks:
    Anyone here a MP lawyer?

    Some of the lawyers who post here regularly may handle malpractice claims, but I don't think any are in CA.  Why do you ask?

    jerryrocks:
    Know a way to find a nurse at a hospital?

    Yes.  Call the hospital switchboard and ask to speak to a nurse.

    My issues aren't state related, I'll consult a state attorney if it comes to that.
 I'm not in Cal - must've messed up my zip some where.
    You misunderstood me bro  - not just a nurse, but find a specific nurse.

  • Thu, Mar 30 2017 8:50 PM In reply to

    Re: Persuing a claim without an attorney

    jerryrocks:
    On the nurse  - one great nurse could be in the middle of all this, she was upset that the doctors (2) wouldn't own up their foul-ups-  she'll be beneficial to talk to before firing the first salvo of a claim, but I do not wish to jeopardize her job and status, if she is even at that same hospital still. I found the doctors info, but nurses are harder to run down.

    Even if you do track her down if she has a lick of sense she will tell you to have your attorney call her.  She will also have to report it to risk management at the facility where this happened.  I have been in the medical profession over 30 years and if a former patient ever approached me about aiding in a pro-se case I would run in the oppposite direction.  This is NOT a DIY project.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Fri, Mar 31 2017 7:40 AM In reply to

    Re: Persuing a claim without an attorney

    jerryrocks:
    the doctors (2) wouldn't own up their foul-ups

    In a situation where they won't acknowledge that they owe you a thing, I think only two things have a chance of working.  One is going above their heads, and the other is suing.

    Going above their heads requires that the institution has a patient-friendly ethos rather than a circle-the-wagons self-protective one.  Does the hospital have an ombudsman? Possibly you could try working through that person.

    Unfortunately just THREATENING to sue is not likely to get you much because as soon as you do that the malpractice insurer will be called in and they are very experienced at this and can tell your bluff a mile away.  But they might pay you a small amount just to make you shut up.

    Do you know the nurse's name?  If so, I'd think you could just call the hospital and ask for her by name.  If you don't know her name, then you'd either have to rely on the hospital's internal investigation to collect her recollection of the event if you go above her head, or use the discovery process if you sue.

  • Fri, Mar 31 2017 8:40 AM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    ClydesMom:

    Even if you do track her down if she has a lick of sense she will tell you to have your attorney call her.  She will also have to report it to risk management at the facility where this happened.  I have been in the medical profession over 30 years and if a former patient ever approached me about aiding in a pro-se case I would run in the oppposite direction.  This is NOT a DIY project.

    A friend of mine on Halloween use to put on this haunted house carnival and had this "mystery bucket" where you'd put your hand in, for free, but you don't know what's in the bucket - sometimes it would be nothing, other times icky jello or a green tapioca pudding, other times candy, an apple or even cash! but you never new unless you took a chance and stuck your hand in. One thing is for sure it was statically absurd to think the worst.
    SO - In short you're telling me to do nothing. Opinion noted.

     

  • Fri, Mar 31 2017 9:07 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,469

    Re: Persuing a claim without an attorney

    No, in short she is telling you to get a professional involved if you want this to go anywhere. I have been a civil law attorney for over 30 years, and I wouldn't try to do this on my own.  You have nothing to lose by speaking with a malpractice lawyer, they take these cases on contingency, meaning you owe no attorney's fees unless you win. 

  • Fri, Mar 31 2017 9:12 AM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney


    "In a situation where they won't acknowledge that they owe you a thing, I think only two things have a chance of working.  One is going above their heads, and the other is suing."

    That's what I've said- I appreciate that you're not trying to scare me off from trying ;)

    "Going above their heads requires that the institution has a patient-friendly ethos rather than a circle-the-wagons self-protective one.  Does the hospital have an ombudsman? Possibly you could try working through that person."
    Ombudsman? Don't know - but that is a darn good suggestion.
     "Gathering information freely is the best strategy" - "successful strategies 101"

    "Unfortunately just THREATENING to sue is not likely to get you much because as soon as you do that the malpractice insurer will be called in and they are very experienced at this and can tell your bluff a mile away.  But they might pay you a small amount just to make you shut up."
    What real life experiences do you speak from?

    A "smaller amount" without paying an attorney and all them costs could be fine with me - that's my point.

 And I'm not worryed about their
    insurer's experience and being called in - I'm fully expecting that. I'm starting with a pretty heavy hammer to begin with ;)

    "Do you know the nurse's name?  If so, I'd think you could just call the hospital and ask for her by name.  If you don't know her name, then you'd either have to rely on the hospital's internal investigation to collect her recollection of the event if you go above her head, or use the discovery process if you sue."

    I only know her first name - I saw her last name on paper but can remember, I was "laid out" you know ;)

    I need to know some things she knows to possibly help with my "threat" ;)

    BUT I may find out that same info "talking" to the doctors when I call to "verify information" in my records ;) 
    Keep in mind I am NOT disclosing my intentions "talking" to these folks untill I feel, and my consulting attorney feels, we got a "BFH" :)

  • Fri, Mar 31 2017 9:59 AM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    "No, in short she is telling you to get a professional involved if you want this to go anywhere. I have been a civil law attorney for over 30 years, and I wouldn't try to do this on my own.  You have nothing to lose by speaking with a malpractice lawyer, they take these cases on contingency, meaning you owe no attorney's fees unless you win. "


    Nothing to lose? LOL! Just time.
    You will gain one thing, if your sharp enough - that MP lawyers are a rude lot, because your state legislature has made them that way.
    Yea and IF YOU LOSE YOU OWE THE ATTORNEY BIG TIME!!! One attorney told me it costs $70 grand minimum just to go to trial We lost? ...oh, no problem let me just write a check from my empty bank account drained from paying all the freakin' bills. Are you kidding?

    I have spoke to many attorneys, most blew me off faster than the Flash, but a few were gracious and helpful - As an attorney you should know the FACTS most MP attorneys won't tell you - they take on about 1 out of 1000 claims, because after weeding out claims with merit, even though they have merit the costs usually do not make it feasible to peruse a case - the caps and costs in court are high in many states. That is actually where a MP attorney, whom I think was exceptionally awesome, gave me the idea. I am using an attorney when/if the time comes. Probably the guy who suggested I DIY it ;)

    So you say you've been a civil attorney for over 30 years?

     

  • Fri, Mar 31 2017 10:22 AM In reply to

    Re: Persuing a claim without an attorney

    jerryrocks:
    My issues aren't state related, I'll consult a state attorney if it comes to that.
 I'm not in Cal - must've messed up my zip some where.

    Malpractice law is state law and varies from state to state.  If you have a case in State X, you need a lawyer admitted to practice in State X.

     

    jerryrocks:
    You misunderstood me bro  - not just a nurse, but find a specific nurse.

    The answer I previously gave, sis, is equally applicable whether you're looking for a specific nurse or just any nurse:  call the hospital switchboard and ask to speak with Jane Doe Nurse.

  • Fri, Mar 31 2017 4:14 PM In reply to

    • jerryrocks
      Consumer
    • Not Ranked
    • Joined on Thu, Mar 30 2017
    • CA
    • Posts 11

    Re: Persuing a claim without an attorney

    "Malpractice law is state law and varies from state to state.  If you have a case in State X, you need a lawyer admitted to practice in State X."
    Gee, you think?
    "The answer I previously gave, sis, is equally applicable whether you're looking for a specific nurse or just any nurse:  call the hospital switchboard and ask to speak with Jane Doe Nurse."
    Bad idea.

Page 1 of 2 (26 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community