While shopping for a good malpractice lawyer in Texas, my eyes have opened

[TexasLady]

Most probably know that I lost my leg in Feb. The wonderful people of DU came quickly to my family's aid when I lost my wages because of my amputation. For that I am forever grateful. Many encouraged me to seek compensation for all the misdiagnosed visits. I finally am taking it to heart.

Now that I am recovering from my leg loss, I started getting really really mad. I had made FOUR trips to the ER, two different hospitals, and the last visit was finally a correct diagnosis. By then it was too late. Not one doctor bothered to run any tests to see why my leg was so painful, or why my foot was numb and cold. Nurses sure seemed to know. I must have had a dozen tell me that I had classic symptoms of blood clots.

My own physicians office turned me away, apparently because I hadn't caught up with paying her for my earlier visit of being wrongly diagnosed. Apparently, docs here get a lot less malpractice insurance because of the 250,000 cap thanks to Perry and the gang.

So off to find a lawyer.

Thanks to the fucking Repukes, as so many know, there is a cap on what can be won in a case like mine. After lawyer's fees, witness testimonies from other docs, etc, that doesn't leave enough to even pay my medical bills. That now stands at a quarter million dollars. I have a friend that is taking blood clot busting drugs as we speak and is doing well. No leg lost. I am happy for her. She will do fine, docs say. I could have my leg, if I had been diagnosed properly.

So yeah, Im not really feeling real happy about this. I am permanently disfigured and disabled, have to pray that DARS(disability and rehabilitative services) will take my case for a prosthetic, and hope to hell I won't have to be in this wheelchair for the rest of my life.

I thought to myself..if I lived in another state, it wouldn't be so hard to fight. But then, perhaps in another state, I would still have my leg.
BTW, the lawyer,,,the ONLY lawyer in my area that still does malpractice, is a Dem. He had choice words to say about the Repukes... I think he may be my guy. I visit him tomorrow. This will take a year and a half to resolve....Bring it on. Im fighting this to the end.

Thanks for the vent.

[Lyric]

1. A $250,000 overall cap??

I thought the cap was on punitive damages, not ACTUAL damages. WTF?? That's the most insane piece of legislation that I've ever heard of!!

:hug:

:grr:

[TexasLady]

4. I think you are right

I am just now getting an education on this..I think I stand corrected.

[Warpy]

9. That quarter of a million dollars

will buy you a prosthetic leg and rehab to learn how to use it. It will even stretch to an athletic prosthesis if you have sports you want to return to.

Go get 'em.

Any doctor who doesn't listen to nurses telling him to do the appropriate tests before he tries to kiss off a patient he doesn't want deserves to have his ass sued into the poorhouse.

Alas, due to Texas law, his insurance premiums won't even go up.

This is why "tort reform" is such a massive crock of shit.

[robinlynne]

44. not only sued. medical license removed.

[nichomachus]

7. It's not insane

if you're a corporatist who wants to be able to kill people and only have to pay a few dollars in fines.

[Hepburn]

2. IMO, you are where you are because....

...the fucking insurance companies own the politicians and thus get their bidding done to make sure deserving people like you get fucked over.

I am soooooooo sorry and angry over what has happened to you. Tort "reform" sucks ~~ it doesn't hurt the "wealthy" lawyers ~~ it screws over those who are truly deserving. You are a case in point.

Best of luck and I hope to hell maybe there is some way around the TX bullshit on this.

:hug:

[ret5hd]

3. I might be wrong, but i believe the cap does not apply to actual costs...

but only to punitive awards.

I could be wrong.

[TexasLady]

No I believe you are correct

I should have been more exact in my wording.

[Baby Snooks]

11. Of course our Attorney General got rich off "punitive damages"

A neighbor's tree fell on our Attorney General and he was paralyzed and of course sued and got I think $8.5 million which was a nice little chunk of change and most of it from punitive damages.

Then of course he supported torm reform. I often wonder whether he will still support it if another tree falls on him.

If your attorney knows what he is doing he can still get actual damages equal to what you have lost in wages including projected earnigns you have lost depending on whether you are prevented from doing what you did before and they can include cost of education for your children and all sorts of things relative to your loss of ability as I believe it's called.

That apparently was what limited our Attorney General from getting more in actual damages since he can practice law from a wheelchair. He of course went on to become our Attorney General. And probably has made more as Attorney General than he ever would have otherwise.

So sorry this happened to you. Hope your attorney is a good one.

[Manifestor_of_Light]

24. Greg Abbott is a hypocrite in a wheelchair.

[KittyWampus]

5. You won't be in a wheel chair for ever. And not only will you get a decent lawyer and win

at least SOME money... your fight may help others who might have similar problems.

If you are angry enough and have the time and feel up to it, I'd start writing letters to the editors and local news reporters. Say you want to warn people about blood clots and doctors who diagnose wrong. Write letters and wait to send them... then re-write them. Polish them. Practice what you're going to say.

The more you reach out, the more people who need you and who you will need can find each other.

You won't be in a wheel chair forever.

[Fumesucker]

81. I would go so far as to suggest you post any prospective letter here

And ask for help in polishing it up to a magnificent sheen, there are a lot of DUers who are very good with words and would fall all over themselves to help you with such an effort.

[Vinca]

6. I wonder if it's an overall cap for the incident or an overall cap per person.

Maybe you can go after doctors individually and hospitals individually and end up with a whole lot more. It's amazing you didn't die from the damn blood clot. It's good to see you're getting really pissed off. That means you're getting better.:hug:

[UndertheOcean]

8. You are right to be Mad , and you are right to sue the socks of both hospitals.

Things will be better. Slowly at first , but ultimately the Anger will subside.

Just know that there are people , even strangers , out there who care .

:hug:

[nichomachus]

10. Texas malpractice caps

http://www.mcandl.com/texas.html


Texas has three relevant damage caps:

In a medical malpractice action filed on or after September 1, 2003, regardless of the number of causes of action asserted, non-economic damages are limited to a total of $250,000 from all doctors and other individuals. Non-economic damages are limited to $250,000 from each hospital or other institution and a total of $500,000 from all institutions. Tex. Civ. Prac. & Rem. Code. § 74.301 (Westlaw 2007). The cap applies to each "claimant," which includes everyone seeking damages due to one person's injury or death. Id.; Tex. Civ. Prac. & Rem. Code. § 74.001(a)(2) (Westlaw 2007). A constitutional amendment authorizes this legislation. Tex. Const. art. III, § 66.

In a medical malpractice action for wrongful death, damages (both economic and non-economic) are limited to $500,000 (in 1977 dollars) plus the cost of any necessary medical or custodial care. Tex. Civ. Prac. & Rem. Code. § 74.303 (Westlaw 2007). The predecessor of this statute was intended to apply to all medical malpractice, but was held to be unconstitutional except for causes of action created by statute, like wrongful death. Rose v. Doctors Hospital, 801 S.W.2d 841 (Tex. 1990). The cap is adjusted annually for inflation, § 74.303(b), and is now approximately $1,650,000. In actions filed on or after September 1, 2003, this limit applies to the total recovery, not separately to each defendant, and includes exemplary damages. § 74.303(a).

In any action not based on certain types of intentional criminal conduct, exemplary damages are limited to the larger of the following amounts: (a) non-economic damages (up to a maximum of $750,000) plus two times economic damages, or (b) $200,000. Tex. Civ. Prac. & Rem. Code Ann. § 41.008 (Westlaw 2007).

So, at first glace (I'm not a lawyer) it looks like you might be able to get actual costs -- plus a total of $500,000 if different doctors and hospitals were involved.

It's not adequate for your loss, but it's better than a flat $250,000.

You lose a leg to medical malpractice and you're limited to $250,000 in damages. You fuck up the banking industry and it's a crime if you don't get your $10-million bonus. Is this a great country, or what?

[TexasLady]

14. Oh thank you for posting the link! That sounds much better

And believe me, I know which doctors did right by me and which ones did not. I consider my vascular surgeon a heroine for saving my life. She was the only one that didn't have her head up her ass.

[arikara]

45. I wonder where they consider future earnings in this case?

One of my family members was involved in a lawsuit and that was the larger part of the settlement. However we've never had large settlements for punitive damages here in Canada.

[jody]

12. I doubt that Texas' "Public Citizen" group can be of specific help but you might browse their site.

The Voice of Public Citizen in Texas

Warm thoughts to TexasLady from Jody, :pals:

[EmilyAnne]

13. That cap law is bullshit. My father sat on a jury in a malpractice trial in Texas.

His eyes were open, as well.
It was a case involving horrendous abuse in a nursing home.

I am so sorry that you are having to go through this.
I am convinced that doctors these days only operate according to statistics.
If you are a healthy 68 year old man with a sudden, persistent pain in your lower back, statistically you pulled something and should take ibuprofen.
That particular diagnosis and treatment protocol doesn't require any testing...so no testing is done.
Its seems to go backwards.

In the case of my father-in-law who was a healthy 68 year old man with sudden, persistent pain in his lower back, he had multiple myeloma.
Statistically rare, but not difficult to diagnose with some basic tests.
Because his doctor diagnosed him according to statistics rather than tests, he went untreated for almost six months until he was completely bedridden.
Once a specialist was brought into the picture, they started the hunt for a diagnosis.
It took them a few hours to focus in on multiple myeloma.
He died less than three months later.
This is also in Texas, by the way.

I am so glad that you are still here with us and I hope you fight, fight, fight!

Where, exactly, are you?
My people are all in Houston, Austin and Sweetwater.

[TexasLady]

16. Belton, north of Austin

I am so sorry to hear about your father in law. I hear horror stories all the time, but people just don't want to go on with that fight for whatever reasons. I kind of understand that, but for folks like your father in law, and so many others, I want to fight. I want to look back and know that at least I tried!

[truedelphi]

15. I am so sorry to hear of your personal tragedy.

I hope that you end up lucky enough to find a good lawyer and to have your case heard.

It is all an uphill battle - to prove your case you have to get the doctor(s)' offices to offer the correct paper work.

They will tend to leave off the damning incident - so you will be flooded with paperwork from unrelated visits, while the relevant visit and its paperwork will be lost.

It is enheartening to hear that DU members were supportive. They can be the greatest bunch ever when someone here needs them.

[gratuitous]

17. Yes, get an attorney

The cap on non-economic damages stinks to high heaven, and is a license for malpractice. But losing your leg from a remediable, diagnosable condition, while not a slam dunk, should be a very good case to bring. And if the records bear out your allegations, it will settle long before any trial.

Remember a couple of things: First, you're entering the realm of law, not justice. The people and institutions who did you wrong will not admit liability, they'll only pay you off if they can. And they'll pay as little as possible. That's why your attorney is there, to work your side of the street. Second, they're going to use every means at their disposal, fair or foul, to minimize your damages, suffering and anguish. Be sure to tell your attorney everything you can think of that might be used against you. A prepared attorney is more likely to be an effective attorney. Interview your attorney beforehand. If you don't get a good hit off that attorney, go on to another one. You're going to have a working relationship with the attorney and the attorney's staff; you might as well get along with them.

Good luck and get going.

[TexasLady]

18. This is really good advice

I have one locally I am seeing, and one from Houston who is stopping at my house. I didn't know lawyers made housecalls!

[TorchTheWitch]

36. they do that as a matter of course

I used to be a paralegal in medical malpractice in PA. Thankfully, we don't have caps here unless some law passed since around 2002 that I'm unaware of. I've worked both defense and plaintiff. Defense counsel will dtrag the case out as long as humanly possible since they get paid by the hour. Be prepared for a longer wait than a year and a half. Hold out for the highest you can squeeze out of the bastards even if they end up settling on the court house steps minutes before trial. Do your research and hire the most cut throat shark of an attorney you can get.

Don't worry so much about searching for paperwork. Your attorney will get all that (eventually) from the doctors and hospitals involved. But it will be easier for him/her if you can gather as much as you can since he/she will have it much faster and get to work. Just don't panic if you can't find stuff. 90% or more of the paperwork your attorney will need is not anything you would have been given anyway.

Best of luck to you. I hope you get absolutely everything you rightfully deserve (which is a SHITLOAD more than this evil cap provides). Keep us posted on how things go.

[Fire1]

19. GIVE EM HELL!!!

:grr:

[TexasLady]

22. damn right!

I sure will!

[TexasObserver]

20. In Texas, doctors, hospitals and insurers own the Supreme Court.

It ought to be a crime what the legislature and the Supreme Court have done to medical malpractice. Any time a lawyer files a case, they have to have an affidavit from a specialist supporting their contention of liability. That rule only applies for med mal cases. It is designed to stop the filing of cases, and it works.

As a result of that and other impingements to pursuing such cases, there are very few lawyers who can afford to represent medical malpractice plaintiffs. Most of the attorneys who can do such work are in Houston, Austin, San Antonio, and Dallas, or nearby cities. Even those lawyers are looking for cases where there are fairly easy liability facts.

Good luck on it.

[TexasLady]

21. That's just what this lawyer told me

I was also advised to (with fronted money from him) to ask for my records myself. Makes sense. I don't want the doctors 'doctoring' anything if the lawyer asked for them.

[TexasObserver]

23. Early in my career, I did med mal defense work.

And as I have always told doctors since "the reason doctors get sued for malpractice is because they often commit malpractice." It was appalling the amount of covering up the doctors, the hospitals and the staffers did. It was the unspoken rule of their conduct.

I was selected and paid by their malpractice insurer. While there were cases that lacked merit, there were many cases that were completely legitimate and some were horrific, just obscene. After defending them for a couple of years, I said "no more."

Since then, it's gotten worse, because the doctors and hospitals (and their insurers) control all aspects of the laws which apply to them. They have spent the past 25 years flooding media with propaganda which essentially diminishes and demeans malpractice claimants and their attorneys. Recall the way they went after John Edwards, who had great success against them.

The claim that medical costs are significantly driven by malpractice claims is simply a huge lie. Profit taking is the main reason costs are astronomic now. The average citizen pays a higher percentage of their revenues for insurance premiums than the percentage the average doctor pays of his or her gross revenues for malpractice insurance. Think about how much you pay for home, auto, life and health insurance.

Modern medicine has many more tools than it did in the fairly recent past, but it also has far fewer persons paying attention to what is being done with patients. As hospitals have become first and foremost engines for making money (thanks to Bill Frist, his family, and their ilk), they have cut corners where it hurts most: support personnel. They squeeze the nurses, the orderlies, and the worker bees, both in dollars paid and number available.

It's broken, and I don't know what it will take to fix it. Health care should not be dependent upon ability to pay, and that's what it has become.

[Baby Snooks]

26. I didn't tell you this...

But if you have a "friendly doctor" have the records sent to them - sleazy doctors are like sleazy attorneys. They think another doctor is going to "concur" and therefore "defend" their diagnosis and treatment. Some do. Some don't. But a doctor is more likely to get the "undoctored" records if you catch my drift. A little trick one of those rare attorneys who really care about what's right told me about.

[TorchTheWitch]

37. They'll charge you

and it's REALLY expensive. But if your attorney is willing to front you the copying fees, yes, requesting the records yourself and in person especially will help get them off their lazy butts. The biggest problem I always had as a paralegal in med mal was squeezing the records out of doctors and hospitals. They generally drag their feet like crazy and send copies that are either unreadable and/or incomplete. And yes, they do it on purpose.

Don't be afraid to raise hell even with the hospital administrators. There were more times than I could count when I had to be absolutely vicious with these lazy people.

[Laelth]

25. Georgia has a $350K cap.

I won't take medical malpractice cases. An attorney can run up a $200K plus bill handling a complex medical case. That doesn't leave enough to compensate the victim for his or her injuries. It's just not worth it. If you find an attorney to take your case, he'll be doing you a favor if the damage cap is $250K.

Caps on tort damages are very, very wrong. Injured victims can not get proper legal representation with these caps, and that's why they have been instituted. Many lawyers just turn these cases away now.

:dem:

-Laelth

[midnight]

27. Sweety I had not heard about your loss. Damn, but this makes

me so mad. Our healthcare is run for profit, and those staffing it are run like computers. I hope this attorney can make this turn around for you. Take on each entity separetly and take them to task for this loss.

[TexasThoughtCriminal]

28. Sad to say, our fellow Texans allowed this to happen

As you tell your story to the people you come across, be sure to tell them that Texas voters signed away their rights by approving this constitutional amendment.

Texas Proposition 12, also known as Limit Awards in Civil Lawsuits Against Doctors and Health Care Providers, was on the September 13, 2003 special election ballot in Texas as a legislatively-referred constitutional amendment, where it was approved.

* Yes: 751,896 (51.1%) Approved
* No: 718,547

HJR 3/Proposition 12 authorized the Legislature to limit non-economic damages assessed against a provider of medical or health care and, after January 1, 2005, to limit awards in all other types of cases.

ballotpedia.org/wiki/index.php/Texas_Proposition_12_(2003)

Be strong, TexasLady, and best of luck to you. I know someone going through the same thing, and it took him a long time to find a lawyer to take his case. If you need another lawyer recommendation, PM me, but this case has barely started.

[Joe the Revelator]

29. The real problem here is trial lawyers......35% off the top of any settlement is a racket

plus expenses, plus fees.

[knitter4democracy]

31. And yet, the average wage for lawyers is $45K/year.

At least, it is here in Michigan. Yeah, all those lawyers are so stinkin' rich and mean and charge too much. Until you need the best and then realize that he's worth every penny. Have you seen how much paperwork is involved? How much reading? How many hearings and meetings and phone conversations? How about for the cases they lose and don't get paid for?

I'm in the midst of a divorce, and I don't think the money my lawyer's charging is exorbitant or unreasonable, given how much work he's done on my case. I'm sure STBX would disagree, but then, his lawyer's more expensive.

[TexasObserver]

34. Yes, Trial Lawyers do heavy lifting for the cause of citizens.

It's the GOP that argues against plaintiff's lawyers, and the Democratic party that supports such attorneys, and who such attorneys support. John Edwards was one such lawyer.

Democrats, including trial lawyers, would love it if the law allowed them to tack attorneys fees onto judgments they get for personal injury, but in Texas the law does not allow that. Sure, a breached contract case can result in the award of attorneys fees on top the judgment, but not a personal injury case. That basic injustice is why plaintiffs attorneys take a percentage of the amount awarded to the plaintiff. It's the only place for the lawyer to get paid.

The contingency fee arrangement also means the lawyer gets 35% of nothing for every case that doesn't prove up. Sometimes the plaintiff's case turns out to have problem. The plaintiff is a drunk or a druggie, and that shows up. The plaintiff has undisclosed prior health issues. The plaintiff lied about the facts. Many cases do not prove up, and all the work done on those, all the money invested in invesigating them is gone.

There are very few lawyers who would rather take a contingency fee than be paid on an hourly basis. But most plaintiffs of personal injury or medical malpractice have no money to pay for the attorney or the out of pocket expenses. If the plaintiff's lawyer doesn't do it, no one will.

One would think the role of plaintiffs attorney would be championed more here, but we have some who fail to realize the important role in the progressive movement trial lawyers have always played.

[Joe the Revelator]

41. I'm so freaking sick of being told what to support and what not to support based on party labels

I have PERSONALLY watched trial attorneys fleece their clients and hide behind people like you who consider them "champions" of the everyman.

[TexasObserver]

49. A DU member lost her leg due to poor diagnosis. I offer help. You offer criticism of lawyers.

Stop kidding yourself. You're a person with an irrational hatred of the very lawyers who toil daily to make negligent doctors pay for the harm they inflict. When you hear of this tragedy, your only response is "those damn trial lawyers!"

You claim to know that of which you speak, but you reveal no basis for your angrily held, pro GOP, pro insurance, pro corporate hospital point of view. Would such a revelation show us that you are terribly biased and have adopted the point of view of those interests that pay you?

[Joe the Revelator]

53. I take it you have no problem taking 35% of this womans settlement when she could use it to help

herself. Stop pretending that lawyers are this ambivalent species of people who are here to help. They are here to get their cut of your suffering.

[TexasObserver]

55. I have a big problem with the insurance industry opposing attorney fees for personal injury cases.

You avoid addressing that simple solution, because as an insurance company pawn, you use the inability of the plaintiff to be made whole as part of your strategy in negotiation.

I've had to represent insurance companies sued for bad faith settlement practices because of adjusters exactly like you, who don't understand that lawyers know the law a lot better than they do.

[Joe the Revelator]

61. Your contracts state that you get 35% (at least) of any settlement

And yes, your fees are part of the problem and part of any negotiation, because, as I've stated, your client would have gotten the same amount of money with or without you. You convince him/her that he needs you, and then you take almost half of what he would have gotten without you. Its criminal.



Tell me again that I'm the bad guy.

[TexasObserver]

66. No, I don't have such contracts. I work on an hourly basis.

I am not a plaintiff's attorney. I have represented insurance companies in litigation against and among each other, resolving complicated issues far beyond your pay grade or comprehension.

[Joe the Revelator]

68. Keep trying to belittle me.....thats the problem with your ilk

You can't see past your own inflated egos.

[Joe the Revelator]

42. Furthermore I think the real twisted part of your post is that you're choosing trial attorneys over

doctors. I can only shake my head is disbelief.

[Stephanie]

47. What are you talking about? Here is a woman who is injured for life.

It might be the fault of the doctors, it might be the fault of the hospital or the insurance company, we don't know. In her situation, you wouldn't seek out an attorney at the very least to get the $250,000 she's incurred in hospital bills covered? This is not a doctors vs. attorneys situation, it's a woman who's suffered due to misdiagnosis who is now stuck with terrible bills on top of everything else, and she needs help. Who's she going to call if not a lawyer? What would YOU do in her situation?

[Joe the Revelator]

52. I would try to settle for the cap directly with the hospital

She would then get 100% of the proceeds instead of having to give the attorney his 35% cut of the same pie she could have gotten herself.

[Stephanie]

73. So you would serve as your own attorney?

What if the case goes to court? Would you then be your own Trial Attorney?

[Occulus]

78. AAAAaaannnnd the crickets scream "NO" in a stunningly quiet voice n/t

[knitter4democracy]

75. That's hard to make happen.

I've heard of it happening (STBX is a doctor), but that's only when the case was so obvious the hospital knew for certain that it would lose. In this case, while it seems cut and dried, because more than one doctor was involved in missing the diagnosis, most likely the hospital would take its chances and offer her less, hoping she'll take it.

I'm sticking to my stance on this: she needs to sue, and then she needs to go after their licenses.

[TexasObserver]

56. That's because I'm a progressive and a Democrat.

I don't know what your excuse is, but if you are the poster formerly known as WOLSH, never mind. That explains it.

[Joe the Revelator]

62. And an attorney who made your fotune on the back of the injured.

Thats my excuse.

[TexasObserver]

69. No, I don't do plaintiff's personal injury work. You make bad assumptions.

I've sued insurance companies for bad faith. I've written coverage opinions for many insurers.

When cases are far too complicated for mere adjusters to understand, they call in lawyers, who write coverage opinion letters explaining to the adjusters what the case is really about and advising the insurance adjuster's bosses what they should do.

I've represented primary carriers, excess carriers, CGL insurers, property insurers, D&O insurers, all manner of errors and omissions carriers, and in that time, the biggest problem for insurers is always the weak ass adjusters who screw things up at your level.

I represent charities and trusts now, and have for many years, but I know the dirty underbelly of your world far better than you will ever understand it. You're a worker bee for insurers.

[Joe the Revelator]

71. You have the balls to claim I make bad assumptions when you continue to assert that I am "just" an

adjuster. Piece of advice, don't make a fool of yourself by talking about things that you have no idea about. Hypocrite.

[waiting for hope]

57. If anything awful happened to my family

due to someones else's willful negligence - I would want a lawyer like Edwards on my side... so many people confuse him as an ambulance chaser - he was far from it.

[TexasObserver]

58. If insurers and others who harm people would pay fairly, lawyers wouldn't be needed.

At least not all the lawyers who represent personal injury plaintiffs.

Insurers pay as little as they can get away with, that's the bottom line. They avoid paying as long as they can, and then they underpay. They know the claimant is screwed, because the only way a claimant can get a full recovery is if the insurer pays them for their full loss. That seldom happens, because the insurance industry trains its people to offer about 30-40% less than value of claims. They do this because they know if the claimant has to get an attorney, the attorney will charge about that much.

The insurance companies and their lackeys have long opposed awarding attorneys fees to the lawyers for claimants. If attorneys fees were awarded to such claimants, the insurers wouldn't be able to screw over the claimants so easily.

[Joe the Revelator]

63. Keep repeating that line in order to justify your purpose in life

Keep cashing those checks that take 35% of someone settlement with you. The rich get richer, right?

[Joe the Revelator]

40. You must not know many lawyers...I negotiate with trial lawyers all day as part of my job

Most of them take home 45k in a month. You're siding with the wrong people when you claim that trial lawyers are out for anything but their own wallets.

[TexasObserver]

50. You claim to have such knowledge, but won't reveal what you do.

Do you work for the insurance companies that refuse every claim until forced to pay?

Do you work for the insurance companies who underpay every claim?

Do you sit on cases where there is clear liability, squeezing the claimant until they have to get a lawyer to get any justice at all?

As one who has represented insurance companies as well as sued them, I know all about how they handle claims. What is the basis of your alleged knowledge in this area?

[Joe the Revelator]

51. Sorry friend, I don't work for any insurace company, but I'm not revealing my employer on here

I will say that 9/10 times a person will get more money if they deal with me instead of an attorney. You are clearly an attorney, and as such, part of the problem.

[TexasObserver]

54. Yep, you do work for insurance companies. As an outside adjuster.

You or the company you work for is hired to provide adjusting on some insurance matters. Contrary to your statement, you DO work for insurance companies, you're just not EMPLOYED by an insurance company.

You're likely someone who calls himself an independent adjuster, meaning they hire you because they know you'll take care of their interests.

You ARE the problem.

Thankfully, many claimants have sense enough to know the insurer's rep is not the person to listen to if you want to get a recovery anywhere close to your actual damages.

[Name removed]

59. Deleted message

Message removed by moderator. Click here to review the message board rules.

[TexasObserver]

65. I'm not a plaintiff's attorney, but I understand what they do much better than you do.

You are an adjuster, and you do work for insurance companies.

That tells your entire story. Your job is to minimize payments to claimants.

[Joe the Revelator]

67. I don't know how many times I have to tell you how wrong you are about my profession

I mean, at this point, its just becoming comical. I do adjust, I am not an adjuster, and I do not work for, directly nor by contract for any Insurance company. You don't know as much as you think you do.

Secondly, I've said part of my job is to adjust. At no time have I ever been asked to "minimize" payments. I can't give money away, but as I've said a number of times in this thread, if someone sticks with me I can guarantee that they will get as much if not more then they would with an attorney. Most of you ilk have the same type of attitude that you do, this higher then thou idea that they know more about the laws that govern my industry then I do, when in reality this is ALL I do. I will fuck with and game a lawyer. A person who comes to me direct gets a more than fair check from me.

But please, continue to tell me how I conduct my business oh wise one.

[Occulus]

79. "I do adjust, I am not an adjuster"

"part of my job is to adjust"

So. You admit you're a liar.

"I will fuck with and game a lawyer."

"game" a lawyer? But you wouldn't ever lie to one like you did to us here, right?

"A person who comes to me direct gets a more than fair check from me."

But not nearly what an attorney could get them for what their claim is actually worth.

I see right through you.

[TexasObserver]

80. Allow me to address the process behind that adjusting.

Mr. Adjuster has a pile of folders with claims. He talks to the claimants, who are without any legal counsel, and lets them think he is "on their side," but in fact, his job is to find ways to diminish or exclude their claims. He isn't paid much, but he has a great sense of power, as people who are without power, injured, and badly in need of money have to wait until he unilaterally decides what they should get for their claim. He makes them an offer, and if they don't like it, they have to get an attorney.

Let's say the claim is really worth $50,000. He'll offer them no more than $30,000, knowing full well their claim is worth more than that. He relies on the fact that if the person sues, they won't be able to recoup their attorney's fees. He knows that these poor folks who can't pay their living expenses sure can't pay attorney's fees, so they'll find a low end plaintiff's attorney, who will take the case for a fee of 30-40%. He knows that once the claimant does the math, they'll see that even if they win $50,000 in trial, they'll still end up with only $30,000. So, they grudgingly accept the $30,000 offer.

THAT is how Mr. Adjuster makes his living - by beating down claimants on their claims.

When the occasional claimant gets an attorney, the case is usually removed from Mr. Adjuster's control, as the insurance company hires a LAWYER to defend the case, and follow his or her advice. Mr. Adjuster hates lawyers, because they regularly either prove him wrong on cases, or take over the role of deciding what happens on the case.

Mr. Adjuster doesn't have much power, and he only gets to use it against the beaten down and needy. You can understand why he says the things he does, why he holds the anger and prejudices he hold.

[Joe the Revelator]

82. You see nothing, because you have no idea what you're talking about

Nothing. At all.

[knitter4democracy]

74. Actually, I do.

Sure, they take home more than that, but the ones I know aren't anything higher than upper middle class (and the good Dem I know is barely that with four kids he's trying to pay for college for).

Not all lawyers are evil, and in fact, we need those trial lawyers for our adversarial legal system to work. I'd bet you'd turn to the best one you know in a heartbeat if you felt you'd been harmed by medical malpractice.

[PBS Poll-435]

77. Tell that to Ed Masry.

(If you could)

Sadly, he is dead.

[HCE SuiGeneris]

30. May you bring about the change that needs to occur.

It would be a very positive endeavor for channeling your justly felt anger.

So sorry you had to suffer through this... :grouphug:

[Kansas Wyatt]

32. Get on crutches in the meantime.

I was on crutches for about a year and a half, because my leg had been shattered and with nerve damage. You would be amazed how well you can adapt with crutches, until a prosthetic comes through. I got to where I just used my arm-pits to grip the crutches, and carried all kinds of weight (case of pop on each side) with my free hands.

Good luck and I hope all goes well for you for now on!

[TexasLady]

35. The only problem with crutches

is any fall can be devestating for me. I take a blood thinner, and my balance is completely different now. Head injuries just aren't an option. Crutches without the weight of my other leg is really scary. I feel better on a walker...five spots touching the floor is more reassuring than just three.
Hopefully I will get much better at it with time. Ive only been at it since March.

[Kansas Wyatt]

43. I was very shaky and uncomfortable at first too.

In the beginning, I even fell off of wet wooden steps, and had to go to the doctor to get my bad leg checked out. After "baby steps," I grew into them and people were stunned at how much I could do on my own. Don't worry about what you can't do, build on what you can do and focus on that. Use your remaining leg to tell you everything and rely on it, which is what I still do today. The crutches will just become balancing tools.

[knitter4democracy]

33. And when you're done, go for their licenses.

Contact the state medical board, and ask how to file this with them. They need to be pressured from that side, too. Most bad doctors don't seem to care if their insurance rates go up (most of the time, the insurance company settles and the doctor has no say in it), but they do care if your case is the one to put the state medical board over the top and yank their license.

[MagickMuffin]

38. Well our AG Greg Abbott doesn't ever have to worry about his "freak Accident"

Shortly after graduation, he was partially paralyzed in a freak accident when, while jogging in Houston, he was struck by a falling tree. He has used a wheelchair since the accident. The Houston Chronicle reported in April 2002 that Abbott hired a prominent plaintiff’s lawyer, Don Riddle, after the accident. Abbott sued both the homeowner whose tree fell on him as well as a company that once trimmed the tree. In October 2002, the Austin American-Statesman reported that Abbott already has received almost $3 million of an award that is expected to exceed $10 million in his lifetime. Abbott’s attorney in the case, Riddle (who made more than $1 million off the case), says that medical costs and other "actual damages" accounted for a fraction of the settlement, which mainly compensates Abbott for non-economic damages, such as mental anguish.

Of course this isn't a malpractice lawsuit, but still he IS our Attorney General and he is set for life.

Good Luck with your case TexasLady, hopefully you will be compensated.

[BreweryYardRat]

39. Ask your attorney if appearing on local news channels would cause problems with the case.

If he says it wouldn't cause legal problems, go for it -- AFTER you get all the records from the various docs who screwed you. Who knows, you might even find a sympathetic reporter, but you're likelier to wind up with one who's just looking for a juicy story. So long as they'll put you and your story on the news and present it fairly, do you really care?

If you're getting fucked over by the system, you might as well make as much noise as you possibly can. Raise awareness of that obscene cap on medical malpractice damages, make sure people know to avoid those doctors, etc...

[Ilsa]

46. I hope your rehab goes well. I'm so sorry about your leg. Keep the

lawyers on it. It sounds like you are due more $$$ even with our caps in place.

[prolesunited]

48. Your case is exactly why I don't agree with caps

Once it become cheaper for doctors and insurance companies to NOT treat patients, more will be irreparably harmed or even allowed to die.

I'm sorry for your loss, but even if you don't win a lot of money to help, perhaps you can garner enough publicity to enact changes. People are appalled when they learn how the system fails so many.

[Mike 03]

60. I'm so happy you checked in, I can't tell you. Thank you so much for updating us on where you

are and how you are doing. I've been wondering for weeks and hoping you are doing well. It is so good to hear from you.

You are in my heart.

:loveya:

[Born_A_Truman]

64. Ask about your husband & children bringing a claim

I found this:

In injury cases that arise as a consequence of medical malpractice, the patient has standing to bring a claim against the healthcare provider. Additionally, the patient's spouse may also bring a claim for loss of consortium and household services. In certain instances involving catastrophic injury, the patient's children may have standing to bring a claim for loss of parental consortium.

[proud2BlibKansan]

70. That's not peculiar to Texas.

My DH hurt his leg at work 3 years ago and is lucky it wasn't amputated. We went to a workmans comp attorney in MO and he said if he had lost his leg, under MO law, the maximum amount he could have been awarded was $25K. Not even a year's pay for losing a limb and not being able to work again for the rest of his life.

I have a good friend in Kansas who was given a shot with a dirty needle. I am not going to mention the name of the place that did this to her, but I would strongly recommend avoiding medical care at the Headache and Pain Center. :)

She almost died. Twice. She was hospitalized for 6 weeks and put on IV antibiotics and as soon as that treatment ended, the infection came back and almost killed her a second time.

Her doctor knew it was a dirty needle that caused this infection and he referred her to a malpractice attorney. Her insurance company agreed to pay for the attorney.

But the cultures they had taken at the hospital to identify the infection and determine what kind of antibiotics she needed were thrown out. And without that physical evidence, she had no case.

The system is corrupt.

Good luck with your case. Please keep us informed. :hi:

[TexasObserver]

72. As my discussion with the adjuster shows, you'll need a good plaintiff's attorney.

The job of the doctors and their insurers is to beat down your claim, beat you down, and cheat you out of the money you deserve.

Please keep trying to locate a good medical malpractice attorney, and don't believe anything you told by insurance company hacks.

[roody]

76. I'm glad you are alive!

[siligut]

83. I am so glad you got mad!

I hoped you would. :hug: Good luck, and as others have said, you have a terrific chance of getting what you need.

[Dorian Gray]

84. Texas Lady....

you are very brave.

Good luck with the lawyer tomorrow. I hope it goes well, and I hope you win your law suit.