RE: how do i file a lawsuit against kiaser (Full Version)

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LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 10:00:13 AM)

Numbness still there, i can walk but its iffy. Still hurts a lot. But im in an extreme amount of other pain after being mishandled.
quote:

ORIGINAL: angelikaJ

how is the numbness/paralysis now?

Perhaps you should call your promary care doc?





AthenaSurrenders -> RE: how do i file a lawsuit against kiaser (1/30/2014 10:20:41 AM)

I really have no idea about lawsuits, but I wanted to echo that you sound manic lately (as I mentioned in your scrap thread). Have you seen anyone about this yet? Because that needs to be the priority. Any legal action will wait a few days while you get yourself sorted out and you'll have better chance of success if you start the process while you are healthy emotionally.




petitespot -> RE: how do i file a lawsuit against kiaser (1/30/2014 10:21:18 AM)

Have you called and made an appointment with your pcp?




LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 10:26:14 AM)

Having one now,
quote:

ORIGINAL: petitespot

Have you called and made an appointment with your pcp?





LafayetteLady -> RE: how do i file a lawsuit against kiaser (1/30/2014 11:45:34 AM)

Sorry, but you wouldn't get far with a law suit. First, as mentioned, james could have found a wheel chair and got you to the bathroom, so his responsibility in this is high. Second, most laywers aren't going to take a malpractice suit that doesn't have permanent damage and you will be hard pressed to prove such permentant damage happened from the fall.

I would guess you have quite the reputation at kaiser, which may have been the cause of their reaction to your complaint. That doesn't make the reaction right and as anjelika said, complaining to the patient advocate is the route to go.

As for them not telling you anything, did you ask? What do the discharge papers say you were treated for?

I agree with Athena, you have been manic of late and need to talk to your psych doctors.




inmate822210 -> RE: how do i file a lawsuit against kiaser (1/30/2014 12:32:50 PM)

OP, no one with a bar card can give you any advice on this. One, if they did, they'd be practicing law without a license in your state more than likely given the conditions of online forums, or two, they'd could be held liable for your actions moving forward. You're essentially asking for legal details on the process of filing a lawsuit which is considered legal advice.

What you're getting, however, is good common sense advice. Emergent care is for when your life is in immediate danger or your physical body is broken to the point that it requires immediate attention. Paralysis in your foot without trauma to initially have caused it is not emergent. I'm sorry to say that, but if it was something such as a heart condition or circulatory failure, it would have spread to other areas first or even just other areas period.

That said, only the patient can determine whether or not the sensations they are having are emergent. No one can tell you not to go to the ER for something; however, I can tell you that it seems you are exhibiting severe anxiety and delusional thinking in many of your posts. That's not meant as criticism, but something that can get better with your mental health provider, providing that you are honest with them about your issues. Most doctors I know that work ER shifts would have referred you to inpatient psychiatric care by now.

If you are still having neuropathy in your foot, you'll need to see your primary care first as has been stated. It's going to be incredibly hard for any doctor to look at your constellation of symptoms and say that it isn't mental or a somatoform disorder. Your brain is very powerful, and more than capable of creating symptoms that do seem very real. Nonetheless, if it is some sort of small fiber or large fiber neuropathy, you'll be sent to a neurologist.

Here's what you can expect from a neurologist: first your PCP will do some neurological assessment. But you may still have the symptoms regardless of turnout, and then they'll refer you. The neurologist will come in and ask you some questions, and then do his assessment. He/she will poke you with sharp and dull objects all over your body to see involuntary responses and assess whether or not you can feel them from those responses and your personal influences on sensation.

If you get past that, they're going to do further testing. They'll strap something on your foot that will get hot like an iron to determine heat sensation; the same device will also create a cooling sensation so they'll know about temperature effects entirely. Another device will erratically press on the ganglion in your big toe to assess sensation. Then they'll test large fiber by sticking a charged catheter into your muscle tissues and reading the body's muscular response to being shocked. If they want to be extremely thorough, they'd do ANS testing, which will test for autonomic dysfunction.

That's firsthand advice on a neurological disorder. I can't feel hot/cold or sharp/dull. My ANS has dysautomnia. If you really have symptoms, go, but I can tell you that it's not fun at all, and if they can't find medical evidence, this will come back on you full swing. Watching a needle go into your leg and having it cause involuntary spasms is painful. At some point, the shock will make your muscle spasm, and that only happens with increased voltage. That hurts like hell.




LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 5:25:43 PM)

i have a bad back and it's aching and i can barely walk now after kiaser treated me that way. single handedly one night ruined 7 months of good work because no i can;t sit on my tail bone any more because it is spassoming to much.
quote:

ORIGINAL: angelikaJ

I wouldn't file a lawsuit.

I would call the number for customer relations and talk to them.

I am sure that in addition to whatever pain you are experiencing from the fall is made worse by the way they interacted with you.
Treating you as if you had made it all up and whispering behind your back could be as aggravating as the actual physical pain from the
fall.

Mentally ill people have physical problems.

However, I do think you should call your psychiatrist as you do sound manic to me.

What did they say was the reason for your inability to walk?

Oh, my primary care MD would see a sudden paralysis as a "medical emergency" and that is where I would be told to go to the ER if I called her with that.. that is what the prompt on their phone system says.





LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 5:33:35 PM)

Yup I asked. I went in for foot paralasis and weakness and the papers said i went in because i was threatening to kill myself. They litterally saw a patient panic and scared and made a descioni don't need medical help i need pych. they told james that word for word.

the dr decided to put me on a 51 50 hold because i was angry i was dropped and he told them i was making threats to kill myself and hurt every one around me and i didn't.


I am not bullshitting. the nurse that comes to valuate you and see if you need to go to pych told me everything the dr had said, and i told her no that's a lie and she said i agree. you;re hurt and justifyably angry, not suicidal i am sending yu home.


e]ORIGINAL: LafayetteLady

As for them not telling you anything, did you ask? What do the discharge papers say you were treated for?


[/quote]




angelikaJ -> RE: how do i file a lawsuit against kiaser (1/30/2014 5:36:25 PM)


quote:

ORIGINAL: LittleGirlHeart

i have a bad back and it's aching and i can barely walk now after kiaser treated me that way. single handedly one night ruined 7 months of good work because no i can;t sit on my tail bone any more because it is spassoming to much.
quote:

ORIGINAL: angelikaJ

I wouldn't file a lawsuit.

I would call the number for customer relations and talk to them.

I am sure that in addition to whatever pain you are experiencing from the fall is made worse by the way they interacted with you.
Treating you as if you had made it all up and whispering behind your back could be as aggravating as the actual physical pain from the
fall.

Mentally ill people have physical problems.

However, I do think you should call your psychiatrist as you do sound manic to me.

What did they say was the reason for your inability to walk?

Oh, my primary care MD would see a sudden paralysis as a "medical emergency" and that is where I would be told to go to the ER if I called her with that.. that is what the prompt on their phone system says.




Did you call your doctor today?

I am sorry you were hurt.
I am sorry you did not get the care you needed.
I did read that the issue was you had a wheelchair and he dropped you trying to get you into the bathroom; I am not sure why you didn't use a bathroom that was handicapped accessible.
(I am not blaming you, I just don't understand.)

I do think you may tend to have physical issues pop up when your mental illness is not being well controlled.
Stresses can do that, and not having your needs understood by your family is very stressful.






LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 5:42:14 PM)

i had to go to the gynocologist today to make sure the cathater pull didn't hurt anything. I am on the phone with kiaser right now about the back spassoms that hav me crying and screaming.

they didn't beieve i needed help, so they said james can take you and i said no he can't an they said yes. you do i told them i need assistence getting into the bathroom. they said well James can provide it. they then admite that they didn't belive that i was disabled or they would have listened.

will you contact me the other side. I will slowly and carefully type everything out for you. i am sure in my panic i have left a ton out. i do have a lawsuit on my hands, or at least medical mal practice. My therapist agreed and other dr's agreed when i told them today what happened.


quote:

ORIGINAL: angelikaJ




Did you call your doctor today?

I am sorry you were hurt.
I am sorry you did not get the care you needed.
I did read that the issue was you had a wheelchair and he dropped you trying to get you into the bathroom; I am not sure why you didn't use a bathroom that was handicapped accessible.
(I am not blaming you, I just don't understand.)

I do think you may tend to have physical issues pop up when your mental illness is not being well controlled.
Stresses can do that, and not having your needs understood by your family is very stressful.








inmate822210 -> RE: how do i file a lawsuit against kiaser (1/30/2014 5:55:28 PM)

Oh hell, do you want to file a federal or state lawsuit? I'll just tell you where to get the forms and you can learn for yourself how this goes. BTW, there will be a filing fee.




LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 6:00:37 PM)

i kid you not. i went in for sudden paralysis and they told James literally she's manic she is faking the foot pain and needs a pych dr. i 3was put on a 3 day pych hod aganst my will because i was angry they dropped me. the dr told every one i was treating to kill myself and i never said.





inmate822210 -> RE: how do i file a lawsuit against kiaser (1/30/2014 6:03:18 PM)

No, this thread is about filing a lawsuit, so what kind do you want to file? What is your civil complaint based on? Do you know the law they violated and the statute (which granted, in pro-se federal court, they don't require to know the statute)? Do you have the money to pay for their legal expenses if you lose? How about a counter-suit?

Don't start a pity thread on your ER experience under the guise of filing a lawsuit. I'm offering to show you how to do it.




petitespot -> RE: how do i file a lawsuit against kiaser (1/30/2014 6:09:00 PM)

It seems as if the er knows you very well. How many times have you been there in this past year?




shiftyw -> RE: how do i file a lawsuit against kiaser (1/30/2014 6:19:27 PM)

I just went through a lawsuit.

I'm not trying to be mean, but get off this site. They will hire a PI (Private Investigator), and he will find this account, and they can blame the whole injury on BDSM.

For the record- I wouldn't wish going through a lawsuit on anyone- and I wouldn't choose to do it again (and ultimately it was my ONLY choice given my circumstance and I hated it).
You have to be mentally strong as shit.
They'll depose you.
They'll blame it on everything, you're weight, your circumstance, your interest.

You just posted about picking up scrap metal while your on disability- they will say you shouldn't have been working- and you injured yourself working.
If you're a paranoid person- the PI's will freak you out. You will absolutely have to put huge aspects of your life aside for a while.

I urge you to really think about the ramifications of this, espicially if you are feeling manic, panicky or otherwise "off". Its a VERY serious thing, expensive, and time consuming.




LittleGirlHeart -> RE: how do i file a lawsuit against kiaser (1/30/2014 6:43:23 PM)

i have discharge papers saying i was threatening to kill myself and went in for suicidal tendancies when i havd 5 witnesses who will say i came in for a foot injurty.

this is my smoking gun, plus i have the 911 call saying what they did. when this goes to personal injury lawyer ad it will they can supena the er records saying i went in for foot pain. and they told every one i was trying to kill myself.




shiftyw -> RE: how do i file a lawsuit against kiaser (1/30/2014 8:33:20 PM)

Have you found a lawyer? I again, urge you strongly to really evaluate this when you are less panicky.

Its really hard. I cried so much and mine didn't even go to trial, I didn't even have to get deposed. I'm telling you...make sure you're ready to have every aspect of your life under a lens.




LafayetteLady -> RE: how do i file a lawsuit against kiaser (1/30/2014 8:44:05 PM)

First, what you are talking about is medical malpractice, NOT personal injury.

Second, THEY didn't drop you, James did. You could sue him for personal injury.

As others have said, there would be a myriad of problems with any suit you filed, which FYI, could never be a federal suit. You are on disability, yet have recently engaged in activities that a physically disabled person couldn't. You lack the mental capicity to testify about the situation. You have a history of mental illness and "blackouts" when overly stressed.

Your tail bone can not "spasm." It can hurt like hell, but it is a bone and lacks the ability to spasm.

I have back issues and foot issues. As a competant, functional adult, I have the ability to tell hospital staff if I am lacking the mobility to independently provide them a urine sample. You apparently are lacking this ability.

Once again, I agree with Athena that your recent posts show a great deal of mania. You are in need of long term in patient help. Your parents and James are a hinderance to your well being. I have been watching you backslide for several months now and it saddens me. Being manic is preventing you from seeing you need help.

I would love to see you get the appropriate help, but that will never happen as long as your parents and James are actively in your life. While many competant adults don't know how to file a lawsuit, when they think they have a suit to file, their first step is to contact an attorney from the phone book or recommended by a friend. Your first step in everything is to post here. The majority of us would love to see you get help and our hearts go out to you and your situation. However, you need to start facing reality. You are unable to advocate for yourself and your parent and James really have no desire to do it for you.

Stop thinking about suing Kaiser because they didn't make James drop you. Start thinking about the fact that your mental competence is declining every day.




Ultimatetragedy -> RE: how do i file a lawsuit against kiaser (1/30/2014 9:11:40 PM)

Dereliction of Duty causes damage....unless you can prove these in a court of law, you stand no chance. There are several holes in your story that any litigation defense attorney from a HMO would exploit
1) morbid obesity-caused your pain
2) James, who himself isnt exactly a pillar of physical or emotional help assisted you from the house to the car and from the car to the ER---hmmm, seems as if he could support you all along until you made it to the hospital. And then you "suddenly" go non weight bearing. If it was prior to your arrival to the ER, how did James help you all along. If it was after your arrival and you didnt have your symptoms until after you arrived and fell, why did you goto the ER in the first place??
3) What are your qualifications to say you were "paralyzed in the foot"--was it true paralysis, a paresis, or pain limiting your movement---those are all three different diagnosis.
4)At what level is your lesion: spinal cord, nerve root, sciatic nerve, shall we go on?
5) Your foot pain/paralysis is just an extension of your pre existing medical conditions (back pain/health problems/mental health problems) and thus there is no basis for your lawsuit

Wait, I just saw a commercial on TV....1-800-BAD-DRUG.....blame it on the medications you take and accept zero responsibility for your own self induced health problems. Certainly there will be some lawyer who will hope to win the jack pot with your case and take you on as a client!!




DomMeinCT -> RE: how do i file a lawsuit against kiaser (1/30/2014 9:45:06 PM)

quote:

ORIGINAL: shiftyw

I just went through a lawsuit.

I'm not trying to be mean, but get off this site. They will hire a PI (Private Investigator), and he will find this account, and they can blame the whole injury on BDSM.

For the record- I wouldn't wish going through a lawsuit on anyone- and I wouldn't choose to do it again (and ultimately it was my ONLY choice given my circumstance and I hated it).
You have to be mentally strong as shit.
They'll depose you.
They'll blame it on everything, you're weight, your circumstance, your interest.

You just posted about picking up scrap metal while your on disability- they will say you shouldn't have been working- and you injured yourself working.
If you're a paranoid person- the PI's will freak you out. You will absolutely have to put huge aspects of your life aside for a while.

I urge you to really think about the ramifications of this, espicially if you are feeling manic, panicky or otherwise "off". Its a VERY serious thing, expensive, and time consuming.



I agree. You need to rethink this because it has the potential to overturn not just your life, but those close to you as well. A PI doesn't even have to find this website; your entire neighborhood can report on your mobility collecting scrap the other day. What else will they turn up about about your life, James, and your parents' lives. Not a great idea.





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