[fatdave]

i need some advice.

my lawyer has been in talks with the doctors and hospital that refused treatment to me the night before i was paralyzed. they are offering $65,000, legal fees,
and forgiveness of my debt of $4610 for the surgery they think its a fair deal because thats my annual salary plus $20,000 for mental anguish. i would sign a non-disclouser claus and have my check the same day.

i hate to sound greedy, but thats not enough and my lawyer wants to take it to court, but that could take years. i suffered 2 years of cauda equina symptoms, and had multiple MRI's and my pcp would say "its just sciatica" and give me NSAID's and then tell me to lose weight and i'd get better, well in 8 months i had dropped 90 pounds and it got worse. he never took me seirous, all he'd say is "i cant give you narcotics" and that was it. he never believed me.

i want a formal appology from him, and also the doctor that refused to treat me at the ER.

i also want at least $125,000. i need a powerchair, and i need my home remodeled to be accessible, im stuck in my living room. i'd like to have a shower, and be able to get into the kitchen. not to mention i need my vehicle adapted for me to drive.

if someone would have listened, instead of judging me because of my tattoo's and my mohawk and the assumption im a druggie. i want to be at least half way useful again

i havent been out of my house since may 20th, and i cant cook a dinner, i cant wash my dishes or do the laundry. i cant walk my dog, and i cant take my 3 year old son to the park anymore.

am i just being greedy? please post your opinions!

[kate]

Christ, what a f*@ked up situation. I would be loathe to settle too. If I were you I'd be asking myself the following: is my lawyer experienced in cases like this? If so, what's their take on it? What other similar cases have been brought and won? Has the hospital in question been involved in litigation before and what was the outcome? Does my lawyer want to take it to court for more nefarious reasons than getting the best deal for me? What's my gut instinct? Will they up the offer before it gets to court if this offer is rejected?

Forget the apology - the knowledge that he has to live with the fact he was wrong is enough. As for the rest - my fingers are crossed that you get a whopping great payout and it happens very soon for you.

[fatdave]

the firm i'm using is one of the best in the state for medical malpractice. he says i shouldnt take an offer but to sit down and think about what i really want, and really need. the hospital has been involved in a number of suits, and he has dealt with them before.

he wants me to go for $1.5 million, and they pay all the fee's. i have documents showing that i could have been treated 2 years ago. i wouldnt have even been in this chair if it wasnt for a doctor that wont listen.

i cant wait 2 -3 years for this. they came up with that offer within 5 hours of our meeting with the hospitals lawyers and admin staff. i hate to sue, but i also need to live

[Apparelyzed]

Hi,

I settled on my third offer, I was told never to settle on the first offer.

I'd listen to your lawyer, if he is with a good practice, and has prior experience.

If you can't wait, as your lawyer about getting an interim payment for essential equipment and modifications.

Regards

Simon

[kate]

Dave, Simon's right. And the interim payment thingy sounds great! I really hope this happens, do keep us informed.

[fatdave]

I met with my lawyer and his team today, and they say that i have enough evidence to take it to court and that if i can to be patient.
the reps from the hospital also visted today, they are "worried about my living situation" and trying to talk me into a long term rehab placement instead of compensation for the injury.

one rep was very nice, and the other was a complete ass. i guess they were playing "good lawyer, bad lawyer" we met in my home and they are interested in keeping it out of the "clogged" court system and want to settle out of court, and still want me to sign a contract not to tell my story. i cant do that, i think other people need to know about this and how they treated me before my injury. i did all the leg work, and i stood up when no one was interested in my "phantom pain" as my doctor once wrote in my file.

[Quad65]

Dude, it sounds like you got their balls in a Dixie cup. If they want to settle and keep it on the QT, then they know they're in trouble. Listen to your lawyers and try to be patient. It's better than taking a premature settlement and a couple years later regretting it.

This post has been edited by Quad65: 06 August 2008 - 02:57 PM

[cate]

Dave. You have some sound advice on here, I agree with Simoin never accept first offer, and they will be expecting that, so will have a next figure ready. Your Lawyers sounds as if they are on the ball. bear in mnd you do not want this to drag out too long, but do not give in so quickly either, find the balance, I also agree with Kate, forget the apology, ,talk is cheap, that will not help you in any way, will not bring back the past, and will not help the future. Sp think hard about it, as you will not be able to back track.
Best of luck Cate.

[C Herod]

I don't think that is close to what you should get. Even if you have to wait I know its hard, but i would definetly go to court. My Aunt just finally won her court case and it took a while but she sued a Dr. and she won.

[edlee]

Keep in mind that your own lawyers are going to get a cut whether you sue or settle.

The longer you hold out the more you'll get,,,,, after they get theirs!!!
ed

[DannyR]

I would hang in there your whole life has changed how do you put a price of 65,000 on that. I am trying the same thing but not having a lot of luck with my attorneys right now. They tell me by law the most I can get is 350,000 and they are reevaluating my case because my surgeon won't cooperate with them. He wasn't the problem it was my preimary care who ignored me while things were going bad. Hang in there Dave you deserve the best you can get.

[airart1]

yes, sue him for all u can get, he doesnt have to live in a wheelchair the rest of his life.............the insurance company is gonna pay the bill anyway, not him............his premiums will go up and he will have a blip on his record.......you got to live with no function the rest of your life.....its no amount of money good enough for someone that does this to another person if u ask me to be the way we are......