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March 2, 2008, 8:09 pm PST
Superbug
Quote From: gwarrior6
I don't know what state you live in, but here we have a "Tort Reform" that puts a cap on the amount of punitive damages you can get from a lawsuit. In some cases, it doesn't even cover the medical costs. That's one thing to consider.
The tort reform was created to stop frivolous litigations. People will sue hospitals, doctors, or nurses (whomever's pockets are deep enough, usually), haphazardly because of greed. SO, that's why that's in place. It also helps people practice medicine/nursing without fear of being sued every 5 seconds. BUT it can be a speed bump in any legitimate suit.
I am from NC. The lawyers that I have consulted with have told me that I must have my husband's medical records reviewed by state approved expert doctors that have agreed to testify, if necessary. The experts have to determine that there is cause before a lawsuit can be filed. I must pay out of pocket to have these experts review the files. This could be $3000 - $5000. If the experts determine there is cause, I can then file a suit and undergo the stress and strain of the suit. On the otherhand, if the experts determine there is no cause, I am out the money. I don't have money to throw around, but I don't want my husband's doctors and hospital to cause even one other person to go through what my family has endured this year. I have been advised to go out of state to find a lawyer to handle my case. People have implied that the doctors, hospitals, malpractice insurance companies and lawyers are all "in bed together". I don't know where to turn for advice and assistance.
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