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RE: how do i file a lawsuit against kiaser - 1/30/2014 10:00:18 PM   
inmate822210


Posts: 38
Joined: 1/11/2014
Status: offline 		Wait a second, the OP is getting disability with all of these posts about helping the environment and such? I have no doubts that there is a mental disability, but coming from someone with a real, physical disability at age 30 now... wow. I have a doctorate and can't work because everyone says it will exacerbate my condition, and I told the government that I cannot work. Period.

I'm more than grateful for the nearly $2000 per month I get after forced retirement, but this is my final straw here. I was misdiagnosed for a decade, and had a potentially fatal condition ignored. However, I have a rare condition, and I don't fault any of those doctors for missing something with similar symptoms. I would never think about suing them.

Being able to work and then taking disability is abhorrent. Furthermore, seeking a cash grab like an erroneous lawsuit is also disgusting. How do you live with yourself while exploiting others and expecting so much from them? Can't you just be grateful with what you do have, and work on improving yourself.

Yeah, this isn't a kind post. I find everything I've found out about this scenario to be utterly repugnant, irresponsible and selfish.

< Message edited by inmate822210 -- 1/30/2014 10:03:29 PM >

(in reply to DomMeinCT)
Profile   Post #: 41
RE: how do i file a lawsuit against kiaser - 1/30/2014 10:42:37 PM   
angelikaJ


Posts: 8641
Joined: 6/22/2007
Status: offline 		Look, I don't think a lawsuit is a good idea either, but the hospital did screw up here.

They told James to take her to the bathroom, or told her to have James take her.

They simply did not believe her condition was physical.
Once she walked in those doors and stated her complaint her safety became their responsibility.
This isn't a case of them telling her to do one thing when she did another completely on her own.

This was a case of them treating her differently because she has a mental illness and their lack of care caused her fall.
They wanted her to give them a urine sample.
She asked for help and they refused to give her that help, claiming she could walk.
And a non-medical person did the best he could and dropped her when her leg gave way.

I still don't know why she wasn't brought to the handicapped bathroom with the bars on the walls, and lots of room so the chair could go in and she could just pivot but regardless of that, when I have had to be at the ER, I have always had a nurse walk me to the bathroom (even when i could walk) to make sure I didn't get dizzy or anything.

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RE: how do i file a lawsuit against kiaser - 1/30/2014 10:56:29 PM   
shiftyw


Posts: 2837
Joined: 6/6/2013
From: The Shire
Status: offline 		I'm not saying they aren't without fault.

Allegedly. (We are only hearing one version of the event)

I think, OP you have a flair for dramatics and several diagnosised mental issues. I really don't think a lawsuit is the way to go, you are unlikely to even get a lawyer.

I do hope you feel better and get the treatment you need, but slow down and let your anger pass and try to decide of this is really worth it.

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Profile   Post #: 43
RE: how do i file a lawsuit against kiaser - 1/31/2014 12:25:45 AM   
LittleGirlHeart


Posts: 1427
Joined: 4/4/2013
Status: offline 		because i am young and healthy looking nobody believes i am disabled, and dr's and nurses at kaiser have blatantly told me i am faking injury for attention and you know my hand to god i am not faking my injuries. as long as i will not be a card carrying bitch about my injuries nobody will believe me. i had someone tell me to my face i can't be disabled. I look to young. and when i said yes, they said no. then i proved it and they said they had no way of knowing. and i said yes you did i told you.


this will be the last i say on this. i am taking shifty's advice. and not commenting on an on going beginning legal procedure.

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Profile   Post #: 44
RE: how do i file a lawsuit against kiaser - 1/31/2014 12:30:19 AM   
DaddySatyr


Posts: 9381
Joined: 8/29/2011
From: Pittston, Pennsyltucky
Status: offline 		I don't know if it works the same way where you are but in quite a few states, lawyers will take cases on a contingency basis.

I would say that if that's how it is where you are and you can get a lawyer to take the case, it means that you might just have a legitimate cause of action. Lawyers won't take a losing case (if they can help it).





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Profile   Post #: 45
RE: how do i file a lawsuit against kiaser - 1/31/2014 12:37:54 AM   
LittleGirlHeart


Posts: 1427
Joined: 4/4/2013
Status: offline 		i'd rather go through that honestly, than having my body psychically re injured to the point where I am wheel chair bound, again from their stupidity which i am. i am back at square one with back pain and muscle spasms and weakness and paralasis and falling and they do not believe me because i am young and healthy looking.

i went back to the ER tonight, and they said being dropped re injured my tailbone and my back is spasoming so hard its causing nerve pain. i have to go to radiologiy for x rays and they said i am ligitiimatly seriously hurt from being dropped possibly. and the hospital admits they don't believe i am injured or disabled because i look to young to be my hand to god word for word out of their mouth.

ok THAT is the last thing on the subject i am saying. correction
quote:

ORIGINAL: inmate822210

O 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.



< Message edited by LittleGirlHeart -- 1/31/2014 12:39:21 AM >

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We'll fight, not out of spite
For someone must stand up for what's right
'Cause where there's a man who has no voice
There ours shall go singing

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Profile   Post #: 46
RE: how do i file a lawsuit against kiaser - 1/31/2014 6:42:01 AM   
SweetAnise


Posts: 480
Joined: 8/23/2013
Status: offline 		*yawns* Sips her hot tea.

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Profile   Post #: 47
RE: how do i file a lawsuit against kiaser - 1/31/2014 8:43:33 AM   
OsideGirl


Posts: 14441
Joined: 7/1/2005
From: United States
Status: offline
quote:

ORIGINAL: shiftyw


Allegedly. (We are only hearing one version of the event)

This is the crux of the matter. Unless there is a witness to verify that KP staff said that James HAD TO pick her up. And I seriously doubt they instructed James to pick her up. They might have said he COULD, but I doubt they said he HAD TO. They're not responsible for what people voluntarily do.

quote:

ORIGINAL: DaddySatyr

I don't know if it works the same way where you are but in quite a few states, lawyers will take cases on a contingency basis.

I would say that if that's how it is where you are and you can get a lawyer to take the case, it means that you might just have a legitimate cause of action. Lawyers won't take a losing case (if they can help it).






It goes beyond that. In 1999, I stepped in a puddle of water from a leaking dairy case in the grocery store. I ended up landing straight on my knees, compressing my spine. I cracked my third cervical vertebrae and sheared the tip off. There were witnesses and it was on the security tape.

No lawyer would take it because 1) I had been wearing loafers at the time and 2) there wasn't enough money on the payout, they'd said I'd be lucky to get $20K.

I ended up settling directly with the store to cover my medical costs.

So, I would say that her chances of a lawsuit are nil.




< Message edited by OsideGirl -- 1/31/2014 8:45:31 AM >

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Profile   Post #: 48
RE: how do i file a lawsuit against kiaser - 1/31/2014 8:50:37 AM   
inmate822210


Posts: 38
Joined: 1/11/2014
Status: offline 		I'm out of this conversation because of my own personal bias, but I would like to know the results of the follow-up doctor visits. I haven't heard of one, and I'd have had one the next morning.

angelikaJ, I have no doubts you have good intentions here, but something like a sudden numbness with anxiety disorders isn't exactly rare or unjustifiable for an ER doctor to assume. Primary care doctors will often tell you to go to the ER with certain issues out of liability or because they lack the equipment to deal with it.

Medically, most ER's don't have the means to diagnose a neuropathy and must make a decision based on medical history. In this case, it does mean mental history, too. Past behavior is the best medical predictor of future behavior, be it heart rhythms; syncope episodes; blood clots or mental behavior.

From an unbiased medical standpoint, this is 100% justifiable for the hospital. No lawyer will take this because of the backlash. A countersuit will crush the OP, and even if they don't, they'll ask that their legal fees be covered.

At best, I would write a letter of intent, citing the proper diagnosis from another doctor afterward and exactly what happened resulting in tangible physical injury, to the hospital's management (or legal department if you can find it) telling them of your intent to follow through with legal action if necessary. This is how it is legally done, and if they are going to settle, usually they will if this letter is sufficient.

I don't simply opine on medicine and law. I've had my lawyers ready to go, but I've also called and talked to the doctors and couldn't pursue it. They have families and are akin to mistakes just like I am in life. In this case, though, say you won a settlement. I'm assuming you're on SSI. You can kiss that goodbye with any reward over 2k, and your health insurance--whether it's medicaid or medicare at your age, will also be revoked because you would no longer qualify with financial need. That's how disability in the US works. Play your dice how you want, but it won't be good.

(in reply to SweetAnise)
Profile   Post #: 49
RE: how do i file a lawsuit against kiaser - 1/31/2014 9:42:29 AM   
shiftyw


Posts: 2837
Joined: 6/6/2013
From: The Shire
Status: offline 		I was rear ended by a tractor trailer truck carrying an oversized load of steel, in NJ a 'no fault state' (sorta...). I was lucky enough to be an exception to a rule since I got hit by a commercial vehicle. I have long term if not permanent nerve damage from a herniated disc. I went through two lawyers who wouldn't take the case until I found one with a specific interest in my kind of case. I just wanted medical bills covered. I was fortunate enough to get a settlement. A fairly good one at that, out of court. But my case had a police report. Three witnesses were canvassed by a cop at the scene, and gnarly pictures of my poor totaled car, and back.

I wouldn't do it if I hadn't have had to to cover my medical.
Seriously. Your expectations are unrealistic. I didn't say stop posting on this thread...I said get off this site so they can't blame it on an injury caused by BDSM, because they will.

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Profile   Post #: 50
RE: how do i file a lawsuit against kiaser - 1/31/2014 10:23:23 AM   
Missokyst


Posts: 6041
Joined: 9/9/2006
Status: offline 		Young perhaps.  But you don't look healthy.  As for James dropping you, maybe he should have reconsidered picking you up given your size.  He helped you walk earlier like a crutch, that is probably what the hospital expected. 

quote:

ORIGINAL: LittleGirlHeart

because i am young and healthy looking nobody believes i am disabled,


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Profile   Post #: 51
RE: how do i file a lawsuit against kiaser - 1/31/2014 11:00:18 AM   
Lynnxz


Posts: 4813
Joined: 10/3/2006
From: Atlanta
Status: offline
quote:

ORIGINAL: LittleGirlHeart

I am wheel chair bound, again from their stupidity which i am.


quote:

i can walk but its iffy.


Stop... Just stop.

quote:

long as i will not be a card carrying bitch


Wait... So you don't even have a medical diagnosis given to you by a legitimate doctor?

I think you should have gone for that psych eval in the ER like that doc ordered. However I don't see that happening, because it looks like you just ignore medical advise that you don't 'like'.



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Profile   Post #: 52
RE: how do i file a lawsuit against kiaser - 1/31/2014 11:31:45 AM   
stef


Posts: 10215
Joined: 1/26/2004
Status: offline
quote:

ORIGINAL: DaddySatyr

I don't know if it works the same way where you are but in quite a few states, lawyers will take cases on a contingency basis.

They CAN, it doesn't mean they will, unless they think they have a better than average chance of a payout. I wouldn't hold my breath waiting for someone to take this case.


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RE: how do i file a lawsuit against kiaser - 1/31/2014 11:36:18 AM   
petitespot


Posts: 288
Joined: 7/3/2006
From: Surfside Beach, SC
Status: offline
quote:

ORIGINAL: LittleGirlHeart

i went back to the ER tonight, and they said being dropped re injured my tailbone and my back is spasoming so hard its causing nerve pain. i have to go to radiologiy for x rays and they said i am ligitiimatly seriously hurt from being dropped possibly. and the hospital admits they don't believe i am injured or disabled because i look to young to be my hand to god word for word out of their mouth.




You went back to the er?????? The one you are thinking of suing???
That is ridiculous.

Once again....what you describe, even if it's only remotely true, is not an er visit. It is a PCP appointment.

Every problem you have in your life is due to your own poor choices. I understand your mental limitations.
You need to purge the people you surround yourself with because it doesn't seem as if they could give two shits about your well being.
That doesn't let you off the hook though. You also have to start taking responsibility for the things that happen in your life.
Stop blaming others.

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Profile   Post #: 54
RE: how do i file a lawsuit against kiaser - 1/31/2014 12:01:49 PM   
inmate822210


Posts: 38
Joined: 1/11/2014
Status: offline 		An X-ray doesn't show nerve damage. Just saying.

Bluntly, I think you're lying at this point as that test makes no sense other than to see if there is a broken bone. Sciatic nerve issues can be seen by the surrounding tissues, but that is what you'd run for the numbness; not spasms in the back. That test would be an EMG.

You need inpatient mental care. Whatever condition/s are there are not being managed. Also, they have doctors who will see what sifts through the strainer if there are actual medical issues. In psychiatry, the doctor is actually liable to rule out all other possible medical conditions during a Dx. Bipolar alone can't account for everything that has been exhibited.

No one wants to be harsh or cruel or callous to people with needs. I'm simply saying that it's evident you aren't giving us the full truth and that the best course of action here would be inpatient care where they can access your mental and physical needs.

< Message edited by inmate822210 -- 1/31/2014 12:09:37 PM >

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Profile   Post #: 55
RE: how do i file a lawsuit against kiaser - 1/31/2014 9:41:59 PM   
littlewonder


Posts: 15659
Status: offline 		I say hire an attorney.

If she does and the attorney takes the case maybe someone will finally see that she needs inpatient care and will get it for her. Or she'll be in more debt than before to pay the attorney and then she'll be even crazier at which point she will hopefully, finally be involuntarily admitted.

So yeah, could be a good thing.


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RE: how do i file a lawsuit against kiaser - 2/1/2014 12:52:13 AM   
Just0Us0Two


Posts: 135
Joined: 6/3/2013
Status: offline 		Actually, that's highly unlikely. If an attorney takes the case, the last thing they'd want is to cloud the waters with an alternative diagnosis. Lawyers like things nice and clear-cut. They'd want a client who'd done nothing wrong, had no extenuating circumstances, and was injured entirely due to the fault of the hospital. Lawyers don't really have a client's best interests at heart, they only have their best interests as far as winning a case goes.

As far as being injured because your BF carried you into the bathroom and dropped you, I'm sorry but that sounds really far fetched. I have a LOT of experience with hospitals and other medical facilities. There is absolutely no way that anyone working at a hospital would have told him to carry you. They might have told him to help you, (escort you, assist you, etc.) but not carry you. No one lifts a patient by hand, it's just not done. If someone has to be lifted, they have equipment to do that. The ones I've used are called Hoya (sp?) lifts. They're on every floor, usually in every ward. I'm sure it's what was used to lift you once you were on the floor.

Why didn't he ask where a handicapped accessible bathroom was? Most bathrooms in hospitals are accessible, they have doors measured to pass a wheelchair, but even if the first one he brought you to wasn't, why not find one that was rather then do something as stupidly dangerous as trying to lift you? Unless he's a massive guy, even just trying to support your weight while you hobble is dangerous.

I'm not saying that the hospital doesn't have some responsibility, as soon as they checked you in it became their responsibility to ensure your safety. But as far as I know, when you file a law-suit, you have to sue everyone responsible. So you'll have to sue the hospital and your BF. Even if you don't bring him in, I guarantee that their lawyers will, and then they'll rip him apart for his poor choices.

< Message edited by Just0Us0Two -- 2/1/2014 12:53:42 AM >

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RE: how do i file a lawsuit against kiaser - 2/1/2014 6:42:59 AM   
dollparts85


Posts: 1233
Joined: 10/22/2006
From: NY
Status: offline 		It's amazing the hospital hasn't banned you yet. Continue on the way you are and they will.

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Profile   Post #: 58
RE: how do i file a lawsuit against kiaser - 2/1/2014 7:19:11 AM   
Lynnxz


Posts: 4813
Joined: 10/3/2006
From: Atlanta
Status: offline
quote:

ORIGINAL: dollparts85

It's amazing the hospital hasn't banned you yet. Continue on the way you are and they will.


If only...

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RE: how do i file a lawsuit against kiaser - 2/1/2014 12:14:41 PM   
VideoAdmnOmicron


Posts: 145
Joined: 9/22/2012
Status: offline

FR: Several posts on this thread are borderline. As a reminder: you may challenge the post but attacks on the poster aren't allowed.

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Profile   Post #: 60
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