by Bill Eiland | Oct 21, 2024 | LawCall Q&A
Question: During my wife’s gallbladder surgery, they tore and then cauterized her liver. Anything we can do? This just happened, so though she is weak and sore, I don’t know how this will hit her long-term.
BILL: Not every medical mistake is malpractice. This is a very tricky area of the law. It boils down to whether this is a known and accepted risk of the procedure.
You know all those waivers you signed? There was probably a stack of papers that was way thick and covered about everything that could 100 of 1 percent go wrong. So, the doctors will say they told you this could happen.
You must prove that the doctor, or nurse, or whomever breached the standard of care. It’s complicated, but I explain it like this: what they did – there was no good reason to do.
I had a lady call me. The hospital had ruptured her colon and her bowels. Here is the most shocking part: the doctors didn’t know it and sowed her back up without fixing the problem. It took about 5 days, and her incision busted. She was in the hospital for 6 months.
We had several experts look at this, and they said, believe it or not, that this was an accepted risk.
Medical negligence cases are the hardest personal injury cases to win by far. You have to prove an extremely high standard of incompetence. The standard is much higher than you have to prove for a person in a car wreck.
Now, this might sound unfair, but if you could easily sue a doctor or hospital, the doctors and hospitals wouldn’t want to go that extra mile to try to help people. As a result, most medical negligence cases require someone to be permanently and catastrophically injured.
I would be grateful your wife, it appears, is going to be ok.
This doesn’t mean you should not talk to a medical negligence attorney. Let me caution you that not every type of attorney knows about medical malpractice cases.
So don’t talk to a bankruptcy lawyer. Talk to someone who knows about this type of case and find out your rights.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Oct 9, 2024 | LawCall Q&A
Question: My niece was involved in an accident where an exploding tire caused her to crash into a guardrail. My sister has asked me to handle the legal aspects of my niece’s case while she focuses on her daughter’s physical recovery and taking care of the grandchildren. What should I pay attention to?
BILL: There are two important aspects to your niece’s case – determining who caused the accident and understanding the extent of your niece’s injuries. Staying informed about both is crucial because any misstep in either area can be costly.
I assume you have a lawyer working on your case. I strongly recommend finding a lawyer with real, practical, firsthand experience handling this type of accident. Like in any other aspect of life, some people are better equipped to help than others. As anyone who has ever attended a church potluck dinner knows, just because you are a grandmother doesn’t mean you can make an edible casserole.
Now, your lawyer will keep you informed, but don’t try to call them every day. Cases can take a long time. Just because you have not heard anything new does not mean the case is not moving forward. Gathering evidence takes time. You have the right to know if the lawyers have found video footage or witnesses, are hiring traffic accident experts, are conducting depositions, and so on. Don’t hesitate to speak up if you don’t see any progress in these areas. Just keep in mind that these processes can take months or even years.
Your lawyers may also have to find the money for your niece to get better… the bad guy’s insurance, your niece’s insurance, or, perhaps, the tire manufacturer. I was involved in a similar case a few years ago, where we were able to show that the tires had not been serviced in a very long time, probably leading to the blowout. We eventually got the company to pay.
Medical bills are pretty straightforward except when they are not. It may surprise you that they can often be negotiated, but this also takes time.
Here is one thing we always do in severe cases: We hire a professional life planner. This person can evaluate the injuries and predict what your niece will need for the rest of her life. If she is disabled, care can be costly, and you want to make sure your settlement covers these expenses. The planner will also consider the future pain and suffering your niece will likely go through.
Also, consider the impact of the injury on your niece’s husband and children. This injury could significantly affect her marriage, how her children are raised, and even the family’s financial ability to send the kids to college.
Remember, once they hand you that check and you sign on the dotted line of a settlement agreement, you’re done. That is all you will ever receive. Even if things change, you cannot go back. Your case is over.
This is why I strongly believe that the person who represents you must have a great deal of knowledge and experience. You will not get a second chance.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Oct 4, 2024 | LawCall Q&A
CALLER: I was in a car wreck but didn’t go straight to the doctor. You see, I got the flu for 2 weeks. Will I still have a case?
BILL: You might be surprised, but I get this type of question often… perhaps weekly.
Don’t be too worried. Waiting to see a doctor for two weeks is not really that long, especially if you have a good reason. But you need to see a doctor or other licensed medical professional as soon as possible.
Why? To get the maximum amount of money, you must have a medical professional say that you are injured and that the likely cause of that injury was your wreck.
People often say, “Hey, you know, I’m just stove up a little bit (Gen Z LawCall producer’s note: We had to look this up. It is a real word meaning physically uncomfortable due to injury or illness. WHO KNEW?). I’ll be fine.” Then they put it off for maybe 3, 4, 5 weeks. Now, weeks later, since they are still hurting, they go to the doctor. What do you think happens then? The insurance company will say that you must not be too hurt since you waited so long.
Here is a real problem that can impact your case. The insurance company says something else hurt you between the accident and the doctor’s visit. Therefore, they are not responsible and are not going to pay.
I always tell people that I understand they have a lot going on in their lives … but at least pop into an Urgent Care! I mean, go somewhere. You were in an accident. Get it documented. That 20 to 30-minute visit is going to protect you down the road.
So, back to your question. In your particular case, it’s only been a week or two. Go to a doctor, and you should be fine.
If it is 6 months after the accident, good luck telling the insurance company that your injury is because of the wreck.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
