Does my friend have a good case?

[Captainnumnuts]

I'll forgo my typical lovable, adorable, charismatic, and occasional narcissistic self and present ONLY the facts as they stand at this moment.....

FACTS: Strange man enters the Emergency Room w/a massive headache, throwing up, sweating, constantly falling and somehow manages to get back up each time. All the while screaming he doesn't know what's happening to him. Throws his wallet onto the floor screaming "Insurance I have!"

FACTS: Same night, same ER. Doctor looks at him, does x-rays on his stomach, then sends him away w/some aspirin, telling him to see his doctor. His elderly mother shows up complaining that something else is wrong helps him outside to HER car and takes him home to make sure he's in bed as he's babbling incoherently.

FACTS: Strange man is taken back UNCONCIOUS to same ER 2 days later, but different doctor is in charge and quickly runs scans before deciding the strange man had an unexplainable sudden stroke, but hospital doesn't have the resources to help him. Same different doctor acts quickly giving strange man a shot to reduce swelling of his brain and gets an ambulance to rush the strange man to another hospital miles away. Excellent insurance benefits the strange man paid lots of money into before his sudden disposition are acknowledged at this point.

FACTS: Strange man wakes up some time later in another hospital in ICU, still a massive headache, and no memory of who he is nor where he is. Only being told he will be OK and that he is alive. His last good memory being that he called into his job saying he was sick and would not be there. There's evidence to support this call as well. Thus, his recovery begins as his "new normal" establishes itself. He's doing better thanks to the 2nd hospital, but mentally damaged for the rest of his life.

FACTS: A Power of Attorney he doesn't recall agreeing to somehow effected his insurance benefits and those benefits mysteriously stopped. This Power of Attorney was crucial in the initial process of recovery, but even the POA itself does not extend to his benefits.

FACTS: The 1st hospital has been discarded as a reliable source and "conveniently lost" crucial documentation of the strange man's initial visits as he tried in vain to seek help. ONLY one set of documents currently exists for BOTH initial ER visits. Somehow along the way, BOTH trips are documented as the 1st visit where he was sent home. And some documents are conflicted against itself. At the beginning of the strange man's request for ALL documented data from the 1st hospital, he was initially DENIED permission, but quickly allowed him access to his own personal medical data he's entitled to AFTER he threatened to get a court ordered injunction.


FACTS not truly relevant in civil court: Am I correct in assuming my friend has a legal basis for a lawsuit?

 

[WoundedKnee]

I was hoping for a picture of something like a valise.

 

[doowdniw]

Strange man or his legal representative should consult an experienced med mal and PI attorney to answer his legal questions.

 

[Captainnumnuts]

I was hoping for a picture of something like a valise.

No pics. No links. I'm NOT going to do any of that. I'm protective of my friend. He can't help the condition he's in. Any further action on my behalf could only serve to confuse anyone involved w/his present condition.

Bottom line is, he's been fucked over, survived unexpectedly, this 2nd hospital that is actively helping him are no longer concerned w/1st hospital as 1st hospital has refused to show any signs of cooperation in this matter. His primary care physician was unaware of any of this 2 months ago - or so his primary doctor say so. Primary doctor has been cut out of the loop because he's so vague and has distanced himself from my friend. Primary doctor is employed by 1st hospital. I'm not naming names.

 

[Dribble]

Probably not...but it is his money and time.

 

[Captainnumnuts]

Strange man or his legal representative should consult an experienced med mal and PI attorney to answer his legal questions.

Done and now being done again because his Attorney "overlooked" what I've discovered in the details. I overlooked those details upon 1st inspection, but found them the second time - being amazed something so blatantly obvious a legal mind should have took note of. I myself, along w/my friend, have found unexplainable and questionable behavior within the same documents his Attorney (singular) has copies of. His attorney is now aggressively pursuing this matter.

I am strongly encouraging my friend to seek out other and multiple civil attorneys to take action on his behalf. And a couple I've spoken to are so eager to take his case w/no payment from him. But of course, I DO know they're looking at compensation for their efforts when all is said and done. I'm not a lawyer nor do I have the expertise to combat this. It's not what I do, but I'm more than willing to explain my role to a judge in a courtroom. Anytime, anywhere. My friend lacks the ability to "think" in a comprehensive manner or do things most folks have no problem with. His head's fucked up as a result of his stroke. But he knows what's going on, understands the facts and what's happened. I'm currently acting as an unofficial "interpreter" for him as I'm gifted in that sense. But I've become biased and must deal w/facts only that have been discovered. My personal thoughts and opinions could be seen as circumstantial. As much as I'm willing to stay vigilant on the sidelines or behind the scenes, I'm also prepared to be center stage - based upon only the facts.

 

[HisArpy]

1. Not your problem unless you are responsible for the plaintiff in some manner. If not, you need to butt out.

2. Plaintiff has retained legal assistance, so butt out. If legal assistance commits malpractice, Plaintiff has additional options at his disposal, so you still need to butt out.

3. Being too close to the case is not a good position to be in to evaluate evidence and findings in a neutral manner. How many ways do you need to be told to butt out?

 

[Captainnumnuts]

Lady Justice, however well she is hidden, will indeed prevail.

My friend only wants a fair chance to his day in court. That's all he asks. He'll accept whatever the "powers that be" decide on that day.

While I don't believe I have any personal, ulterior agenda - I'll stand with him no matter what the outcome. This is, without a doubt, the singular most unselfish thing I've ever attempted to to in my entire life.

 

[Amoebah]

You're a good friend to Hypoxia.

 

[oggbashan]

Any opinion given here has to be problematic.

All we have is your summary of the situation. No lawyer should give an opinion without seeing the actual details.

All we can do is agree with you (or not) based on what you have posted.

 

[Captainnumnuts]

1. Not your problem unless you are responsible for the plaintiff in some manner. If not, you need to butt out.

2. Plaintiff has retained legal assistance, so butt out. If legal assistance commits malpractice, Plaintiff has additional options at his disposal, so you still need to butt out.

3. Being too close to the case is not a good position to be in to evaluate evidence and findings in a neutral manner. How many ways do you need to be told to butt out?

Good point. How many ways does it have to be explained the plaintiff has been seriously compromised in a mental capacity NOT of his own doing? NO ONE has told me to butt out, but I do step aside until an asshole type person needs be there or someone there as a witness to relay such thing to him - then let him decide in his own way. He begged me to help him because he KNOWS he lacks the ability to do so himself. His addition options are being looked into as well. I seriously doubt you know what they are. I'm very much aware of my closeness, that's why I'm going to let the cards fall wherever they fall. What part of that don't you comprehend?

Thanks for your insight though. It's logical. I remain open to such things. Who knows? I could just say fuck it and tell my friend he's on his own from here on out.

 

[Dribble]

Google is a powerful tool...

I used this strand of words "Can a hospital be sued for a misdiagnosis"?

Answer: 99% of the time the answer is no.

How can this be you ask? Because most doctors are not employees of the hospitals, but private contractors.

Can you sue the doctor? Yes...but he has to demonstrate negligence...and being wrong is not negligence.

Like I said...his time and his money. Given the information you have provided...he will probably lose.

 

[Captainnumnuts]

Any opinion given here has to be problematic.

All we have is your summary of the situation. No lawyer should give an opinion without seeing the actual details.

All we can do is agree with you (or not) based on what you have posted.

That's true too. I mean, how could total strangers on the internet or in real life possibly be expected to weigh in on details they haven't seen?

 

[Captainnumnuts]

Google is a powerful tool...

I used this strand of words "Can a hospital be sued for a misdiagnosis"?

Answer: 99% of the time the answer is no.

How can this be you ask? Because most doctors are not employees of the hospitals, but private contractors.

Can you sue the doctor? Yes...but he has to demonstrate negligence...and being wrong is not negligence.

Like I said...his time and his money. Given the information you have provided...he will probably lose.

Fucking awsome! I haven't been thinking along those lines.

 

[Dribble]

Fucking awsome! I haven't been thinking along those lines.

But again...what you have said here is not negligence. Being wrong...a misdiagnosis...is not negligence.

 

[Captainnumnuts]

Everything has to have a name to it, right? For conversation purposes, we can refer to my friend as "Gump". My friend is truly a modern day Forrest Gump in so many ways........and Gump is my personal nickname for him when no one else is around.

So, thanks guys. I really appreciate objective opinions. If not on this forum, then perhaps a PM?

When I've reached the point of questioning myself on this rare, but true turn of events as they pertain to Gump, I'm pretty much defenseless as Gump is.

There's only so much logic a person can dispense of and deal with. I can only be Gump's friend. I'm not a hero and can't demand myself to be one.

 

[Taint_mAnn]

You're my hero.

 

[Captainnumnuts]

I'm just not the hero type. Clearly. I'll stick to the cards. Truth is, I am Iron Man.

 

[HisArpy]

Good point. How many ways does it have to be explained the plaintiff has been seriously compromised in a mental capacity NOT of his own doing? NO ONE has told me to butt out, but I do step aside until an asshole type person needs be there or someone there as a witness to relay such thing to him - then let him decide in his own way. He begged me to help him because he KNOWS he lacks the ability to do so himself. His addition options are being looked into as well. I seriously doubt you know what they are. I'm very much aware of my closeness, that's why I'm going to let the cards fall wherever they fall. What part of that don't you comprehend?

Thanks for your insight though. It's logical. I remain open to such things. Who knows? I could just say fuck it and tell my friend he's on his own from here on out.

If this is the case then I sincerely tell you to butt out of his business unless you want to get sued. Undue influence. Tortious interference. Invasion of privacy. Just a few nasty things off the top of my head that could fall on yours.

If the guy is incapacitated he needs to have a legal guardian with power of attorney. Oh wait, someone apparently already has that... Maybe you should think about what you're doing here.

 

[Captainnumnuts]

If this is the case then I sincerely tell you to butt out of his business unless you want to get sued. Undue influence. Tortious interference. Invasion of privacy. Just a few nasty things off the top of my head that could fall on yours.

If the guy is incapacitated he needs to have a legal guardian with power of attorney. Oh wait, someone apparently already has that... Maybe you should think about what you're doing here.

I do admire your tenacity. Fact is me and Gump live together. He's become the brother I never had. We're in each other's head by default, yet 2 total strangers just trying to survive. Maybe we're one of God's pet projects?

I have a 1/2 sister somewhere, but way back when I was hospitalized she didn't bother coming around. I say let her be happy in her drug fueled world alongside her fucked up husband and pathetic excuse of a man.

 

[Captainnumnuts]

Finding Gump

How I met Gump is somewhat relevant.

I had left my little world behind. After miles of driving and running from myself and other stupid shit, I decided it was as good a place as any to plant some roots (not real ones). Early one morning, I went into a hospital looking for help about my own brain problems. In the lobby, I seen Gump for 1st time. He was staring at me intensely. Weird, but I shrugged it off and left. About 2 hrs later I'm tooling along the interstate, feeling sorry for myself, and there's this disabled car parked in a gord - I think that's what it's called. Right smack in the middle of rush hour traffic!

I parked behind it, no one around, then looked across the way on some grassy embankment and there was Gump. Waving his hands w/a cell phone looking at me. I'm like WTF? It's the guy from the lobby! I motion for him to stay put, then rush to him playing "dodge the cars". I grab his phone and it's his elderly mom. I learned quickly Gump was lost, car not working, and it seems everyone is looking for this guy. Clearly Gump was more fucked up than me.

From there, I met his folks and all sorts of other people looking for him at the spot Gump was broke down in. Everyone likes Gump, I mean every single person that's met him. I'm like, he might be dumb in a Gump sort of way, but clearly realized his predicament and reaching out for help the best way he knew how. So, from there I ended up at Gump's place as an overnight guest, but from there our friendship has evolved into what it is today. Maybe I'm being selfish and don't realize? Maybe I welcome the challenge? Maybe it's my way of dealing w/all the bad stuff I've done in my life? I mean, I can leave anytime I want, but I'm stubborn and don't want to. I've argued with myself about this many times over, every step of the way. I've made my choice and everyone seems to be ok with it.

Also, Gump and I are writing a book about it. And there's no bad guys here. The whole idea about this book is someone made a mistake and it's being covered up after the fact.

 

[richard_daily]

I'll forgo my typical lovable, adorable, charismatic, and occasional narcissistic self and present ONLY the facts as they stand at this moment.....

FACTS: Strange man enters the Emergency Room w/a massive headache, throwing up, sweating, constantly falling and somehow manages to get back up each time. All the while screaming he doesn't know what's happening to him. Throws his wallet onto the floor screaming "Insurance I have!"

FACTS: Same night, same ER. Doctor looks at him, does x-rays on his stomach, then sends him away w/some aspirin, telling him to see his doctor. His elderly mother shows up complaining that something else is wrong helps him outside to HER car and takes him home to make sure he's in bed as he's babbling incoherently.

FACTS: Strange man is taken back UNCONCIOUS to same ER 2 days later, but different doctor is in charge and quickly runs scans before deciding the strange man had an unexplainable sudden stroke, but hospital doesn't have the resources to help him. Same different doctor acts quickly giving strange man a shot to reduce swelling of his brain and gets an ambulance to rush the strange man to another hospital miles away. Excellent insurance benefits the strange man paid lots of money into before his sudden disposition are acknowledged at this point.

FACTS: Strange man wakes up some time later in another hospital in ICU, still a massive headache, and no memory of who he is nor where he is. Only being told he will be OK and that he is alive. His last good memory being that he called into his job saying he was sick and would not be there. There's evidence to support this call as well. Thus, his recovery begins as his "new normal" establishes itself. He's doing better thanks to the 2nd hospital, but mentally damaged for the rest of his life.

FACTS: A Power of Attorney he doesn't recall agreeing to somehow effected his insurance benefits and those benefits mysteriously stopped. This Power of Attorney was crucial in the initial process of recovery, but even the POA itself does not extend to his benefits.

FACTS: The 1st hospital has been discarded as a reliable source and "conveniently lost" crucial documentation of the strange man's initial visits as he tried in vain to seek help. ONLY one set of documents currently exists for BOTH initial ER visits. Somehow along the way, BOTH trips are documented as the 1st visit where he was sent home. And some documents are conflicted against itself. At the beginning of the strange man's request for ALL documented data from the 1st hospital, he was initially DENIED permission, but quickly allowed him access to his own personal medical data he's entitled to AFTER he threatened to get a court ordered injunction.


FACTS not truly relevant in civil court: Am I correct in assuming my friend has a legal basis for a lawsuit?

Fucking christ, the GB is slipping.

 

[Captainnumnuts]

Fucking christ, the GB is slipping.

Is it really about the GB? And stop fucking Christ - I don't think he's into that sort of thing.

 

[HisArpy]

Fucking christ, the GB is slipping.

It's a serious issue so we tried to be gentle the first 10 times. But don't worry, the gangbang is a-cum-in.

 

[Captainnumnuts]

It's a serious issue so we tried to be gentle the first 10 times. But don't worry, the gangbang is a-cum-in.

No worries. I practice safe sex.