Medical Malpractice Attorneys and Lawyers

Medical Malpractice Claims Knowledge Base

Medical Malpractice? I am looking for a solicitor / laywer who deals with medical malpractice claims in the UK. I am looking for one who takes a percentage of the settlement as they do in the US. rather than just paying up front.
What is the average medical malpractice award in North Carolina? I am trying to get an idea of how much a medical malpractice claim with a permanent disability will award in this state.
Will I have to pay taxes on medical malpractice settlement? I won a settlement from a medical malpractice claim where I was not given anestheisa or pain medicine for an emergency c-section. Does this count as physical injury or sickness in order to be exempt from paying taxes?
medical malpractice claim for heart blockage caused by too many shots of Novacain? medical malpractice claim for heart blockage caused by too many shots of Novacain
Medical malpractice, asset protection? What type of personal assets (if any) are shielded from medical malpractice claims? Roth, IRA, 401k, Homes etc
what is the award limits for medical malpractice in california? If my family decided to pursue this claim, I have no idea what the limit or cap is or if there is one. We live in california, and I dont know where to look for that law to show my family.
How long do I have to file a lawsuit for medical malpractice? In August of 95 (12 yrs ago), after more than 4 yrs of being misdiagnosed, docs rushed me into surgery to remove my appendix when I was only 6 years old.Since I was an infant my parents had taken me to numerous doctors being I had chronic UTI's and vomiting. They would claim it was gas or accuse my parents of abuse. Nobody ever did an ultrasound. When they finally went in to remove my appendix due to "appendicitis" they found a black, walnut size kidney and realized they had made a mistake. They stitched me up and told my parents to come back a few weeks later to have the dead kidney taken out. Along with the kidney they took out as much of the ureter tube as possible but left about 1/4 of it. Over the last few years I have been getting reoccuring infections and UTI's yet again. Yesterday I went to a urologist because I had intense back pain and he determined that because they left part of my ureter tube it became a sac of infection that now requires further surgery. Can I still sue?
i have a term paper to write over medical malpractice debating the topic. can anyone help me please? here's my intro: Medical malpractice is acclaimed to be one of the leading causes of death and injury in the U.S. to date. More people die from medical negligence than highway carwrecks. Should doctors get away with causing possible permanent damage to a patient and receive a mere "slap on the wrist" as punishment? Some sources claim doctors like to settle the lawsuit outside of the courtroom so that their names aren't tainted by the media with negative remarks that way they can continue business. Others claim it isn't negligence on the doctor's part but instead the patient's. using this can someone give me a better way of continuing my efforts in writing this paper?
The paralegal has been assigned a research project on the issue of statute of limitations as it applies to6? The paralegal has been assigned a research project on the issue of statute of limitations as it applies to a medical malpractice claim. The paralegal wishes to consult a nearby expert in this area of law to obtain some background information. Which of the following is the best way for the paralegal to attempt to locate this expert? A. Call the nearest law school and ask to speak to the professor who teaches classes in medical malpractice or negligence, or both areas of law. B. Watch daytime television thoroughly for advertisements from attorneys who state that they "sue doctors", and then call the number listed on the television screen. C. Go to the local hospital, and ask for references from both nurses and physicians. D. Consult the "Table of Attorneys" listed by specialty in the front of the Blue Book.
Medical Malpractice Caps? I think people should know that people like George Bush and the Republicans are trying to impose medical malpractice caps on lawsuits for pain and suffering of limits up to $250,000. This includes injuries involving death, blindness, paralysis, loss of a limb, and many other horrific injuries that could happen to any of us. These people defend this in the name of health care costs; meanwhile, there are many studies which show there is no correlation between med mal insurance and lawsuit caps. People should know there are over 100,000 deaths attributed to medical malpractice - let alone all the people maimed by careless doctors, yet Bush and the Republicans support this, as they claim to support freedom and justice around the word. I'd like to know where is the justice to those innocent victims and families facing heartache due to medical malpractice - certainly 250k will not do the job. It will just promote more careless doctors to practice unsafe medicine. How does any1 else feel?
Question : Does anyone know of a medical malpractice lawyer or law m.d. in Boston...Preferably a female??? Question : Does anyone know of a medical malpractice lawyer or law m.d. in Boston...Preferably a female??? Question Details: I had a baby 9months ago and seriously can't get over the horrible experience. I have never sued or brought legal action against anyone. It would take me alot more than this paragraph to explain the whole situation-but its very complicated with several different issues. Basicly as a result I feel like my life is ruined. I have a beautiful healthy baby but can't move past everything....I know i'm being vague but any referrals or assistance you can give would be great. Also if anyone knows if there are any online groups or boards w/other people seeking action against their Ob or MD i would love to speak to others. Part of the problem is the serious emotional distress that accompanied this whole mess-i'm actually ashamed to say i thought most people claiming this weren't being honest-but now see malpractice in a whole new light. I guess because our society is so "lawsuit" happy I had trouble allowing myself to truly believe that I was not treated correctly. Thanks so much.
what determines medical malpractice & does this man really have case? He was in a car accident & suffered a knee injury. He was sent to the ER via the ambulance. When there he told the doctor about the knee injury but the doctor never did any X-rays claiming the guy was too healthy. The doctor said that the knee would be sore but would heel in a few weeks & that the man can return to work the next day. After about 5 weeks the knee was much worse & the man goes to another doctor, this doctor orders test & it is found that the knee is injuried badly enough to require surgery. This new doctor asked why the ER never did Xrays & thinks that the injury would have heel with proper treatment (physical thepary) & if given proper rest (days/weeks off work) The new doctor states that the ER doctor neglected to do his job properly. Now this man thinks he has a medical malpractice case.
Medical Malpractice is difficult to prove....but Deceptive Trade Practices is easier to prove? Dr. used "deception" in his work, refused to provide a copy of his "evaluation" to the patient, claiming "there is no Dr. - patient relationship", so continued his deception by saying that the patient would have to request the "evaluation" from the Department of Labor. This "Occupational Medicine Physician" conducted what can only be described as a "Psychiatric Examination/Evaluation". In which HE stated that "he was not qualified to perform the requested evaluation"!
Does anyone know of a medical malpractice lawyer or law m.d. in Boston...Preferably a female??? I had a baby 9months ago and seriously can't get over the horrible experience. I have never sued or brought legal action against anyone. It would take me alot more than this paragraph to explain the whole situation-but its very complicated with several different issues. Basicly as a result I feel like my life is ruined. I have a beautiful healthy baby but can't move past everything....I know i'm being vague but any referrals or assistance you can give would be great. Also if anyone knows if there are any online groups or boards w/other people seeking action against their Ob or MD i would love to speak to others. Part of the problem is the serious emotional distress that accompanied this whole mess-i'm actually ashamed to say i thought most people claiming this weren't being honest-but now see malpractice in a whole new light. I guess because our society is so "lawsuit" happy I had trouble allowing myself to truly believe that I was not treated correctly. Thanks so much.
do I have case of medical malpractice against surgeon? had hair transplant surgery 20 days ago.The scar from the donor area (strip) is not flat but bulges out like a bump,detectable to the touch specially and significantly on the lover level of it.I have allot of scars where sutures where removed and big gaps of areas where is no hair growth Looks butchered.On advice of my surgeon stiches were removed 9 days after surgery.they were removed by person who has had no experience or qualifications in doing that (I was her second client and it was performed in cosmetic saloon where she is an emploee,the surgery was also performed there).She had significant problems to do it and it was very very painful when she was cutting them and pulling them.I found out after the stitches were removed that I had disolvable sutures!!Is it medicaly correct disolvable stiches to be removed by cutting and pulling from non trained person?I can prove this facts.I don't know do I have legal claim.please respond I am disturbed.
Can faith healers be sued for medical malpractice? They claim they can cure better than doctors. But what happens when they fail to come through on the deal. Shouldn't they be liable for emotional damage done to the patient? Also, some of that stuff gets pretty rough, from what I've seen. What if they further injure the patient? If they want to be healers, shouldn't they be subject to the consequences of being a bad one? I Believe! -- Actually, yes. I ask this question because my friend Jess was at a Pentecostal church a few weeks ago and they told her they would heal her endometriosis. Instead, the forcibly pushed her to the ground, pushed her forehead to the point where her neck hurt, and pushed all around her stomach area causing her severe pain.
need help? what is the basis for most medical malpractice claims?
malpractice lawyer? wondering if anyone knows of a lawyer in canada that would be good to talk to about a medical malpractice case. i had a bad experience a few years ago and would like it to be validated. my intestines were perferated and leaking for days and did a bunch of damage along with destroying all my reproductive organs which were perfectly healthy. three doctors in a row claimed i was suffering from an std, the humiliation and grief that caused alone was tremendous, i have never had an std. they all just look at the previous diagnosis and ignore the pain, treating my like some cheap tramp that deserves the pain. i have asked for advice from a couple different lawyers and nobody seems to want to deal with it. is that the way it is in canada? it's not fair, i'll never be the same. there should be some kind of compensation for thier ignorance. not just dumb excuses that at my age these things aren't common so they had no reason to think that my symptoms and cries for help were valid. I feel since they took blood, pap, and pee tests they could've seen it wasn't an std. i'm not a doctor but there must have been signs of a serious infection in my blood, they never mentioned any of the results, they didn't investigate the situation individually, they just looked at the past report and agreed with thier co-worker. in the province i live in they had all these cut backs and lack of beds, closed down entire floors and hospitals, if they had room they would've been able to make some time for me. it's not i suppose the doctors faults for that, thats why every good one leaves the country. thier wage is controlled(specialists are only aloud to work a few days of the month). takes months to get anything done, the waiting lists are long, you can't get a family doctor. they shut down all the psyciatric hospitals and the patients all live on the streets. why should the people have to suffer and die to save money for who? i paid $130.00 p/m for just myself for medical, it stinks!
Is it malpractice, criminal or some other type of suit when a Doctor tampers with medical info? A medical doctor, who never examine me, was hired by the SSA Disability Administration to review my medical records, submit a written report of my medical conditions, tests, surgerys, and either approve or deny my claim for Disabilty Ins. The Dr.completely falsified the info, added info that is non-existent, in order to deny my claim. It is not a mistake here or there, but the whole report. He violated my constititional rights, caused an unfair denials & Hearing, caused me to lose everthing, suffer physically, emotionally, and has slandered me as a fake. I can absolutely prove this. My former attorney withheld his knowledge of this. Unhappy, I questioned him on some things, he dropped my case, sent his file; in it the false review, dated over year before I finally got a hearing! Even though this involves a Social Security Disability Case, my new disabitlity attorney informs me that I cannot even appeal my case based on this & is appealing on another procedure error. I want Justice
"What can go wrong for a lawyerless plaintiff who has to resort to Small Claims court to sue a doctor? no "medical malpractice" has been "proven" yet, but there documents I want to use to prove the guy is indebted to me. The amount claimed is within the limits of the court rules. I have no choice but to use the SC system, so what could be thrown at me? ie: illegal questions violating my constitutional right to privacy, etc... I never wanted to have to resort to this (and may have to forgo it) but I "had" a lawyer but then she just neglected me for months so I fired her and couldn't get another one!
does anyone know of a free website to look up a doctors medical job history? My son is having surgery and I would like to know if this doctor is good and if they've had any kinds of claims or malpractices..
Will parents need malpractice insurance? I'm just reading about the Oregon case where a child died of an illness that authorities claim could have been cured by medical treatment. The parent's religious beliefs caused them to opt for prayer instead of medical treatment in this case. Authorities have filed manslaughter charges against the parents. Defense attornies say a religious freedom defense will be used. It seems that had the child been treated and died under medical care, the doctors could have been sued and would have used malpractice insurance to cover the claim. Have we gotten to the point that parents need malpractice insurance too? I can imagine with what I read that kids who grow up with "issues" may not be far from suing parents if they believe mistakes were made. (we as a culture provide no formal training on parenting!) Anyone know if an insurer is considering malpractice insurance for parents?
Is there a way that you can find out how many vehicles a person owns.? I live in Michigan & I'm getting ready to take my ex-husband to court after 6 years of not having to pay ANY child support. We've gone before & he has always claimed to he's not working & can't affort to pay child support.The judge always take pitty on him & I get screwed over. He is on disability & get at least $1,700 a month for the, plus he gets money from the V.A from when he was in the Army & he suffered an injury. But it's not like he has any bills, I know that in 2005 he won this HUGE medical malpractice law suit. With the money he bought a farm with 20 acres & another 10 across the road from there. He has farm equipment. bulldozers, backhoes, semi truck, trailers, & much more. He pays cash for everything, I just need to prove it to the judge so that when we go to court it's not my word agianst his. Personally I don't care what he has or owns but after 6 years I'd really like him to have to do something for our kids. I'm not being one of those mother who with hold vists ~ as a matter of fact they are with HIS MOTHER until the 10th of this month. He has decided not to do ANYTHING for our children. No birthdays not Christmas' no visits. I'm not the bad parent here. I don't think he is either he just doesn't have his priorities in order. I never said we are having money problems ~ I'm just fed up with getting stuck holding to bad so to say. He fathered my 3 children & should have to DO SOMETHING for them. Maybe if he has to pay $50 or so a week that will remind him that he has 3 kids.
looking for excate phrae of malpractice and a tort claim, with details,? INTERSTED IN FINDING THE EXCAT PHRASE, YOU SEEW/C STOPPED ALL MEDICAL CARE, AND HAS LEFT ME, EVEN ATTORNEY WHO I THOUGHT WAS REP ME IS NOT, DOING ANYTHING, I HAVE NOT SETTLED LOSS MY HAND DUE TO INJURY WHAT CAN I DO?
Is John Edwards better suited for fashion? Is John Edwards better suited to walk the catwalk than to run the White House? $1200 haircuts? Hmmm, he claims to understand the poor. The only thing he ever did for the poor was drive up health care costs with his medical malpractice lawsuits. Do you really want this guy in office? Shouldn't he be fixing his face instead of fixing issues with this country? Maybe a part on Ugly Betty is more along his lines.
Should a mother be able to sue if an abortion goes wrong? BOSTON -- Jennifer Raper, 45, a Boston woman, who gave birth after a failed attempt to murder her baby has filed a lawsuit against two doctors and Planned Parenthood seeking the costs of raising her unwanted blob of tissue. Raper claimed in the three-page medical malpractice suit that she found out she was knocked up in March 2004 and decided to kill the child because she couldn't afford both a baby girl and weekly visits to her favorite nail salon. Dr. Allison Bryant, a murderer working for Planned Parenthood at the time, performed the murder on April 9, 2004, but it "was not done properly, causing the child to go on living," according to the complaint. Raper then went to see Dr. Benjamin Eleonu at Boston Medical Center in July 2004, and he failed to detect the pregnancy even though she was 20 weeks pregnant at the time, the lawsuit alleges. It was only when Raper went to the New England Medical Center emergency room for treatment of pelvic pain in late September that year that she found out the child was still alive, the suit said. She gave birth to a daughter on Dec. 7, 2004. She wants the docotors and Planned Parenthood to pay to raise the child whom she had tried so hard to kill
02302500 Law,ethics and medicine penn foster sorry to ask again for the answers thank you? 1. Which one of the following statements is not correct? A. Laws have developed from our sense of ethics. B. Medical ethics and medical laws vary from jurisdiction to jurisdiction. C. Our sense of ethics strives for the greatest good for humanity. D. Ethical standards are usually more strict than the laws. 2. Which one of the following physicians violates medical ethics? A. A physician reports another physician who's presently using cocaine. B. A physician disconnects the respirator of a brain-dead patient who has written a living will. C. A physician performs an abortion on a married woman without consent from her husband. D. A physician tells the parents of a 15-year-old drug addict that she's pregnant. 3. Euthanasia, organ transplants, and genetic engineering are all issues dealing with A. malpractice. B. the Hippocratic Oath. C. bioethics. D. negligence. 4. Which answer best describes the relationship between the following words: duty, derelict, direct cause, damage? A. Contractual agreement B. Proof of negligence C. Points of civil law D. Four Ds of misdemeanors 5. A contract is best defined as a(n) A. tort. B. enforceable promise. C. civil law. D. exchange of something of value. 6. What is abandonment? A. Leaving the office before seeing all of your patients B. Discontinuing patient care without telling the patient C. Refusing treatment to a patient in an emergency situation D. Treating a patient without written consent 7. Which answer best describes the public duties of a physician? A. Making patients aware of their rights B. Using adequate knowledge, skill, and care C. Making correct diagnoses, effecting recovery for patients, possessing the maximum amount of education. D. Reporting communicable diseases, preparing birth and death certificates, controlling access to drugs 8. A doctor removes the wrong limb from a patient. This is an example of which kind of malpractice claim? A. Non compos mentis B. Respondeat superior C. Res ipsa loquitur D. Subpoena duces tecum 9. Mr. Reed has called the doctor's office to find out the results of his wife's pregnancy test. What is the correct procedure? A. After you verify that Mr. Reed is who he claims to be, you give him the results. B. Tell him you have the results, but he'll have to speak to the doctor. C. Tell him that you don't release patient information to others. D. Ask him if his wife knows he's calling. 10. A physician provides emergency care at the scene of an automobile accident. Which act protects this physician from lawsuits? A. Good Samaritan Act B. Medical Practice Act C. Controlled Substance Act D. Uniform Anatomical Gift Act 11. What is it called when a patient voluntarily accepts a known danger? A. Implied consent B. Contributory negligence C. Assumption of risk D. General liability 12. A person who is incapable of providing his or her informed consent is considered A. negligent. B. incompetent. C. emancipated. D. derelict. 13. Which of the following information would be considered to be in the public domain? A. Patient A was shot during a street fight. B. Patient B has a venereal disease. C. Patient C has AIDS. D. Patient D has a mental illness. 14. Ms. Walsh has called to request that her medical record be transferred to another doctor. What do you do? A. Advise her that she must stop by to sign a release. B. Ask her why she's unhappy with her present doctor. C. Verify her identity and forward the record to the other doctor. D. Forward the record even though she has a large outstanding bill. 15. Which one of the following statements is true? A. Emancipated minors aren't legally allowed to give their own informed consent. B. A competent adult patient can't refuse treatment if that treatment is needed to prevent death. C. A patient can withdraw his or her consent at any time. D. Informed consent must be indicated by a written or oral agreement. 16. At lunch in the hospital cafeteria, a small group of medical office staff is discussing the lifestyle of a patient who has recently tested positive for HIV. You know for a fact they're wrong. What do you do? A. Tell them. They should know the truth. Besides, you aren't violating the patient's right to privacy and confidentiality since you all work for the same doctor. B. Tell the patient. He has the right to know what others are saying. C. Don't get involved. It's none of your business-the staff has the right to talk about anything when they're off duty. D. Say nothing about whether they're wrong or right, but tell them they're violating a patient's right to privacy and confidentiality, if they continue, inform your supervisor. 17. What is Roe v. Wade? A. A law that provides legal protection for physicians who provide emergency care B. A law that forbids physicians to prescribe drugs for known drug addicts C. A U.S. Supreme Court decision that gives women the right to an abortion during the first trimester of pregnancy D. A U.S. Supreme Court decision that gives women the right to an abortion at any time during pregnancy 18. Because of a doctor's negligence, Mr. Jones is unable to work. What kind of compensation is Mr. Jones entitled to? A. Contributory compensation B. General compensation C. Reciprocal compensation D. Special compensation 19. Which one of the following statements about AIDS is not correct? A. ARC usually comes before AIDS. B. AZT is a treatment for AIDS. C. AIDS only affects homosexuals and drug users. D. AIDS is transmitted through sexual intercourse. 20. Denial, anger, bargaining, and acceptance are all recognized stages of A. chronic disease. B. depression. C. eugenics. D. dying.
Is John Edwards Morally Deficient to be President? Think about how Mr Edwards "earned" his $50 Million fortune. No, he did absolutely nothing illegal, but what he did do was make his fortune, as a trial lawyer, based on an unsubstantiated medical claim. In fact, it was later proven to scientifically false. Of course, this won awards for his clients, and I'm sure they were very satisfied with his services, but it came a the cost of good doctors reputations, etc. I'm also sure that it contributed to the rising cost of malpractice insurance. Now, to the best of my knowledge, Mr.Edwards has made no attempt to return any of the money that he received for his services to any of these doctors who were wrongly sued (after it was determined to have been scientifically false). But why does this make him morally deficient to be President? Can we afford to grant someone with such authority who is willing to charge forward without sufficient evidence or proof on a decision that could have grave consequences? I think not.
If Ron Paul abolishes the IRS how will we take those healthcare deductions and credits? I was told this is is plan for healthcare..............It is time to take back our health care. This is why I support: Making all medical expenses tax deductible. Eliminating federal regulations that discourage small businesses from providing coverage. Giving doctors the freedom to collectively negotiate with insurance companies and drive down the cost of medical care. Making every American eligible for a Health Savings Account (HSA), and removing the requirement that individuals must obtain a high-deductible insurance policy before opening an HSA. Reform licensure requirements so that pharmacists and nurses can perform some basic functions to increase access to care and lower costs. Additional bills he sponsored: (They reduce health care costs) HR 3075 provides truly comprehensive health care reform by allowing families to claim a tax credit for the rising cost of health insurance premiums. With many families now spending close to $1000 or even more for their monthly premiums, they need real tax relief-- including a dollar-for-dollar credit for every cent they spend on health care premiums-- to make medical care more affordable. HR 3076 is specifically designed to address the medical malpractice crisis that threatens to drive thousands of American doctors- especially obstetricians- out of business. The bill provides a dollar-for-dollar tax credit that permits consumers to purchase "negative outcomes" insurance prior to undergoing surgery or other serious medical treatments. Negative outcomes insurance is a novel approach that guarantees those harmed receive fair compensation, while reducing the burden of costly malpractice litigation on the health care system. Patients receive this insurance payout without having to endure lengthy lawsuits, and without having to give away a large portion of their award to a trial lawyer. This also drastically reduces the costs imposed on physicians and hospitals by malpractice litigation. Under HR 3076, individuals can purchase negative outcomes insurance at essentially no cost. HR 3077 makes it more affordable for parents to provide health care for their children. It creates a $500 per child tax credit for medical expenses and prescription drugs that are not reimbursed by insurance. It also creates a $3,000 tax credit for dependent children with terminal illnesses, cancer, or disabilities. Parents who are struggling to pay for their children's medical care, especially when those children have serious health problems or special needs, need every extra dollar. HR 3078 is commonsense, compassionate legislation for those suffering from cancer or other terminal illnesses. The sad reality is that many patients battling serious illnesses will never collect Social Security benefits-- yet they continue to pay into the Social Security system. When facing a medical crisis, those patients need every extra dollar to pay for medical care, travel, and family matters. HR 3078 waives the employee portion of Social Security payroll taxes (or self-employment taxes) for individuals with documented serious illnesses or cancer. It also suspends Social Security taxes for primary caregivers with a sick spouse or child. There is no justification or excuse for collecting Social Security taxes from sick individuals who literally are fighting for their lives. So in other words he has no healthcare plan or else he is lying through his teeth.
Some of you wanted to know how illegals affect us? personally???? Here is ONE example!!!!!!!!!!!!! Catastrophe in Care Hospitals are being crippled by the costs of treating migrants--and that could be just the start of an immigrant-related health crisis By LEO W. BANKS Leo W. Banks One of the many signs on the Naco Highway. Leo W. Banks "It's not unusual to have one UDA (undocumented alien) cost $5,000, and we know we're not going to get that back," says Josie Mincher, emergency room manager at Copper Queen Hospital. Leo W. Banks "Until we have comprehensive immigration reform, we need to bear the health-care costs for undocumented workers, whatever those costs are," says Rev. Tom Buechele. If you drive along Southern Arizona's border with Mexico long enough, you might see a lone illegal wandering the desert. Or maybe he's hunched at the roadside sipping water from his milk jug. What's he doing there, and where are his compatriots, the people he broke into the country with? The uninformed might ask those questions, but those who live with the daily invasion across our open borders can make a pretty good guess what's happening. The fellow got bounced from his group by the coyote-guide. Two transgressions will get an illegal cut loose with certainty: Either he can't pay, or he shows signs of tuberculosis. You think these coyotes are fools? They don't want some hollow-eyed lunger hacking and coughing blood on them. So it's adios, pal, and now you're America's problem. But they know that already. Every illegal realizes that if he makes it to an emergency room in Southern Arizona, or anywhere around the country for that matter, he can get treatment, free of charge. It's federal law, and has been for 20 years. In its evolution, the policy has become a kind of federal health insurance program for illegals, and its rising costs are eating up resources that could otherwise go to poor and uninsured American citizens. It has created a financial nightmare for border hospitals and contributed to cutbacks in services at Tucson hospitals. Is this an outrage? A scandal? Some think it's both. But going back to our active TB sufferer, here's something even worse: The guy can't get treatment anywhere, goes underground and takes a job at a restaurant in Tucson or L.A., and coughs his way to infecting scores of others. Talk about a Hobson's choice. But as with everything in the ongoing crisis of illegal immigration, the hard choices would largely evaporate if the federal government fulfilled its constitutional duty and took control of our border. The threat illegal immigration poses to American public health plays out every day at Arizona's hospitals. Until recently, the issue remained only marginally public, a problem medical people batted around among themselves, not with the media. Even today, several hospitals contacted for this story declined comment. The Copper Queen Hospital in Bisbee, one of the hardest hit, helped break that barrier when CEO Jim Dickson began returning reporters' calls, even though the subject, as he puts it, has become "like the third rail. You don't want to touch it." But his problem had grown severe. Dickson's uncompensated costs for treating illegals rose from $35,000 in 1999 to $450,000 in 2004. His total shortfall now sits at about $1.4 million, a hefty deficit for a 14-bed hospital. To make ends meet, he had to close, in June 2000, the Copper Queen's long-term care facility, and cut back on staff and hours, forcing some employees to take second jobs to survive. The hospital has seen a ray of light, however. In the first months of 2005, the Copper Queen has gone back into surplus, in part because more illegals are in Border Patrol custody when brought in to the hospital. That means the Border Patrol must reimburse the Queen for the cost. In the past, agents would drop injured illegals not in their custody at the ER and take off, sticking the hospital with bills that never got paid. Another reason for the decrease, says Dickson: the Minuteman Project. "It's been terrific for us in April," he says, cutting down on the number of people coming across and therefore the number requiring ER treatment. Dickson says the hospital wrote off about $6,000 in losses in April this year, compared to about $35,000 in April 2004. The central issue, though, remains in place--the hospital has had to scale back health services to American citizens to treat illegals. Bisbee isn't alone. The most comprehensive study on the subject found that 24 counties in four states bordering Mexico wracked up $190 million in unpaid emergency medical bills caring for illegals in the year 2000. The study, commissioned by the U.S.-Mexico Border Counties Coalition, found that California spent $79 million of that; Texas, $74 million; Arizona, $31 million; and New Mexico, $6 million. Bear in mind that these numbers, the best available, are from 2000. We can assume, with increasing rates of crossings since then, the costs are considerably higher today. Nor do the above figures take into account non-border counties. Treating illegals in Maricopa County costs as much as $50 million a year, according to an estimate used by Republican Sen. Jon Kyl. Nationally, American hospitals lose $1.45 billion a year. The Medicare reform bill passed in 2003 allocated $1 billion to reimburse states for federally mandated ER care given to illegals--about $45 million a year of that to come to Arizona over four years. But even that, some hospital staffers say, is little more than a Band-Aid on a huge problem. Ruth Kish, director of patient care services at Copper Queen, expects that under the repayment formula, her hospital will receive only 10 cents of every dollar they spend on illegals. "But every bit helps," says Kish. Another factor: The counties in the above-mentioned study spent an additional $13 million in 2000 on emergency transportation, such as helicopters and ambulances, to pick up illegals injured after sneaking across the line. The Bisbee Fire Department's ambulance responds to about one of these calls a day during the summer, says Chief Jack Earnest. Asked how many of these patients pay up, Earnest wasn't sure, and recommended contacting the billing office in Sierra Vista. The billing office knew exactly how often illegals pay their ambulance bills--never. But there's another category--Mexicans injured in Mexico who call American ambulances for help. By federal law, they have to respond, which makes Bisbee's Copper Queen the trauma center of choice for Sonora's northern frontier. The calls come from Naco, Sonora, the town across the line just south of Bisbee, where, in spite of widespread poverty, cell phones are popular, and everybody knows the Americans are bound by law to treat them. "When we get a call we go, and we don't ask where the person's from," says Earnest. Naco residents needing care go to the port of entry and declare an emergency to American officials. When they're waved through, they're transported to the Copper Queen's ER in Bisbee's ambulance, or they drive themselves in private cars. The policy is called Compassionate Entry, and it applies to hospitals up and down the line. The Copper Queen averages about five such cases a month. Some abuse the privilege, says ER Manager Josie Mincher. She's seen Compassionate Entries with bad sore throats and others who aren't sick at all. One pregnant girl landed in the ER recently complaining of morning sickness. Most are seriously sick, though, and the staff rushes to help, "because that's what we do," says Mincher. But it doesn't take much to blow the budget. "Just walking in the door is $400," says Mincher. "It's not unusual to have one UDA (undocumented alien) cost $5,000, and we know we're not going to get that back. We're playing with monopoly money here." Here's an example of how one patient can wrack up a huge bill: A young Mexican man had a bad auto accident across the line and was taken to Douglas' Southeast Arizona Medical Center with severe neurological problems. After being stabilized there, he was transferred to Barrow's Neurological Center in Phoenix. He spent a costly month there, courtesy of the Center, and was transferred--with a tracheotomy tube in his throat and supplies to clean it, also provided gratis by Barrow's--to a hospital in Hermosillo. That facility kept him less than a day before releasing him to his home in Naco. But for reasons no one can explain, the Hermosillo hospital kept his trach kit and cleaning supplies. As a result, he became septic--a bad infection--and came through the Naco port under Compassionate Entry to the Copper Queen. He spent three days there, then the staff sent him off, with more free supplies, to a clinic in Agua Prieta for continued care. How much did this fellow cost the American health care system? A figure of a quarter-million dollars would surprise no one. Cost to the Copper Queen? Almost $6,000, and they got none of it back. Northern Cochise Community Hospital is in Willcox, far enough from the border that it doesn't get patients crossing the line for health care. But that doesn't mean it escapes the invasion. CEO Chris Cronberg loses about $100,000 a year caring for illegals, mostly those injured in traffic accidents when their loaded vehicle flips while speeding north. "It's not make or break for us," says Cronberg. "But as a small hospital, we depend on cash, and those are dollars that aren't coming in, so it has an impact." The same is true at Sierra Vista Regional Health Center, according to Vice President Marie Wurth. She expects the hospital to lose $250,000 this year treating those who jump the line, get hurt doing it and don't pay their bills. The big squeeze is on in Tucson, too. Tucson Medical Center loses an estimated $4 million every year treating illegals. The corresponding figure at UMC, which includes some foreign nationals, was $3.5 million for fiscal 2004, a $2 million increase from the previous year. Part of that is attributable to UMC, in July 2003, becoming Tucson's only Level One trauma center, meaning it saw the most serious cases. Chief Financial Officer Kevin Burns says the hospital's re-payment rate for treating illegals is about 5 cents on the dollar. "It's very expensive for us and continues to grow," says Burns, who says many illegals, as well as uninsured Americans, use his ER like a primary care physician. "We hear anecdotally that people come here from across the border because they know they can get cared for, and if they present at the ER, they can get that care at no cost." The federal law that put the hospitals on the hook for the medical bills of illegals goes by the acronym EMTALA--Emergency Medical Treatment and Active Labor Act. It says that anybody who shows up in an ER must get screened, treated and stabilized, regardless of citizenship or ability to pay. But since its passage in 1985, the definition of emergency has evolved to include just about anything, and because Congress didn't fund the requirement, hospitals have had to eat the costs as word has spread that the federal goodie wagon is parked at the ER door. In cities with huge illegal populations, such as Los Angeles, the effects have been disastrous. In its spring 2005 issue, the Journal of American Physicians and Surgeons reported that between 1993 and 2003, 60 California hospitals closed because, for several reasons including EMTALA, half of their services became unpaid. Another 24 are near closing, says author Madeleine Pelner Cosman. She also writes that in 1983, before EMTALA, L.A. County put together a trauma network that was "one of America's finest emergency med response organizations." A mere 22 years later--again, in part because of EMTALA--Cosman says the system is coming apart, with most trauma hospitals having left the network, along with physicians, surgeons and others. The law has caused a similar situation in Tucson, on a smaller scale. "With EMTALA, the government created an unfunded national health insurance program, and it has caused real problems in this community," says Dr. Herb McReynolds, who works for a company that manages the ER department for St. Mary's Hospital, which treats a large number of illegals. Lawmakers wrote the legislation to prevent patient dumping--in which one hospital refuses to accept, say, an uninsured woman in labor, telling ambulance personnel to take her to the county hospital instead. It stopped that practice. But it has caused a big increase in the amount of un-reimbursed care that hospitals provide, and in McReynolds' words, "made physicians rethink their careers and lifestyles." "The price of it has come over time, because after so much uncompensated care, it forces physicians off our call list," says McReynolds. "Physicians have a practice to go to the next day and a family, and ask themselves, do I really want to be up at 2 a.m. providing care when I won't get comp, and I can still get sued?" Some docs have removed themselves from on-call lists by going to work at outpatient surgical centers not affiliated with a hospital. Others stay on call, but limit the amount of time they're available. A neurosurgeon might take call one day a week, and that satisfies the law. EMTALA says that you must provide a reasonable amount of coverage, without being strict or specific about how much that is. McReynolds says that EMTALA--in tandem with the malpractice crisis--has caused the loss of medical coverage at many hospitals around the country and in Tucson, including St. Mary's. "Several years ago we had five neurosurgeons on staff here, and now we have two," he says. "We had hand surgery coverage every day, and now we have it one week a month. We used to have full ob-gyn coverage, and now they've left and gone to TMC. We have no ob-gyn and one gynecologist on staff covering emergencies one day a week." With docs all over Tucson running for cover, trying to stay off call and away from ERs, the variety of emergency health care available to Tucsonans has seriously diminished. And here's the most maddening irony of all: The feds now reimburse American hospitals for treating non-paying illegals, but not for treating American citizens. Exception: Those eligible for care under Federal Emergency Services, a fairly restrictive program. For a year and a half now, UMC has approached non-paying illegals in a novel way--it actually reports them to immigration officials. "Some people find that cold, but we have a responsibility to protect this charitable asset (hospital)," says CFO Burns, adding that UMC's status as a public entity requires a different approach. "Our belief is that to the extent people have ability to pay, we expect them to." After triaging and stabilizing an ER patient, the hospital sets out to learn who that patient is, and how he or she plans to pay. To those who are uninsured and underinsured, the hospital offers the option of applying for its innovative Charity Care program. Under it, the hospital charges the patient the same rate it would receive for that service from Medicare, a possible reduction of up to 70 percent. Patients unable to pay at that discounted rate are eligible for further discounts that can tear up the bill entirely. To apply for Charity Care, the patient need only return to the hospital with a W-2 or other documents. Those who cooperate and return with the required documents don't get reported to the feds. But the hospital does report those who take the medical care and run. How many illegals cooperate with this generous offer? Ten percent. Burns says UMC began reporting the 90 percent who don't pay in November of 2003. So far, they've reported 565 persons. Why start reporting? "Maybe a bit of it was born of frustration because people use our resources and make no effort to work with us and pay," he says. "Even if part of the population doesn't pay, I still have to hire new people and buy and upgrade equipment, which costs $15-$20 million a year. When you have these strains on resources, from foreign citizens and as well as Medicaid patients, you have to manage cash flow very carefully." As with most issues related to the illegal invasion, those who live along the Mexican border, the scene of the crime, have the best view. Where health issues are concerned, it's not a pretty sight. Residents say they've come across ground dotted with discarded pills, syringes containing nobody knows what, and used needles. Some report riding horses along creek beds, popular pull-up areas for groups heading north, and finding 70 or 80 piles of human feces, some of it blackened and running with blood. It's as disgraceful as it is disgusting--and it raises a question: What happens when rain washes all this into the water supply? Is it a threat to spread diseases such as hepatitis? Some believe it might be. What happens when cows drink from these contaminated creeks? And what happens when this constant flow of Third World humanity goes north, fanning out all across Arizona and the country? What kind of diseases do they bring with them? ER workers like Mincher live with that question every day. "We protect ourselves best we can," she says, "but if somebody comes in with a contagious disease, I might as well buy the farm, because I don't know what it is. A lot of times, they don't know what they have either. If they came off a ranch in southern Mexico, they've had no immunizations, no health care, nothing." Most of what she sees at Copper Queen--around 75 percent--is orthopedic, falls suffered while jumping fences, for instance. Dehydration, too. Some of these are pregnant women nine months along, who, in Mincher's words, "are so desperate to have their babies born in the U.S., they'll do whatever it takes." She sees cardiac-related cases among illegals who've been given crack, methamphetamine or speed by their coyote so they can keep walking. But she's also treated illegals with active chicken pox, tuberculosis, all varieties of hepatitis and AIDS. The Web and print media are full of stories about the diseases illegals carry, and their effect on American health. But some writers make alarming claims with sketchy evidence at best. In the cases of two diseases, however--Chagas and tuberculosis--the evidence is clearer that they're indeed coming across our border. Chagas, a potentially fatal illness spread by contact with the feces of the reduviid bug, called the "kissing bug," is prevalent in South and Central America. Fifteen million people in that region are infected with the parasite, and 50,000 die of it every year, according to the World Health Organization. A person can be infected for 10 or 20 years or more before showing symptoms, making it particularly insidious. At its most severe, the disease can cause the heart to fail, and literally explode. In the United States? Louis Kirchhoff, of the University of Iowa Medical School, estimates that between 80,000 and 120,000 Latin Americans with Chagas live here. Matching prevalence studies and immigration numbers, Kirchhoff figures about 10 Chagas-infected persons entered every day from Mexico alone in the 1990s. The disease can be transmitted four ways, but for Americans, the most worrisome is the blood supply. In the United States overall, the chance of contracting Chagas from a blood transfusion is small, one in 25,000, according to David Leiby, a research scientist at the American Red Cross in Washington. But in cities with high populations from Latin America, the numbers fall to much riskier levels. In Miami, for example, the chance is one on 9,000. In L.A., 1 in 5,400. Researchers have confirmed seven cases of people contracting Chagas through blood transfusions--five in the U.S., two in Canada--and they say the number of unknown cases is probably much higher. "A rate of one in 5,400 is something we're concerned about," says Leiby, adding that the FDA is still a few years away from a useable blood-screening test. "Chagas is overlooked by the health care system in the United States. Our physicians aren't aware of it and wouldn't recognize it in most cases." Tuberculosis, which also shows up in high rates in Mexico, is migrating north as well. Many assume a place like Cochise County, right on the border and overrun by illegals, would have a high incidence of TB. But it doesn't, says Edith Sampson, of the Cochise County Health Department. "The immigrants only pass through here on the way to Atlanta, or whatever city they're going to," she says. Exactly the problem--which is a big reason why 53 percent of the TB in the United States in 2003 was among foreign-born persons, up from 29 percent in 1993, according to the Centers for Disease Control. In L.A., again because of its huge illegal population, the figure is closer to 80 percent. Only 15,000 Americans suffer from active TB, the only dangerous kind because it can be passed to someone else, usually by coughing and expelling the bacteria from the throat or lungs. That's a small number, but the New York Academy of Sciences estimates that each victim will "infect 10 or 20 or more people--in whom the disease will likely remain latent, creating the potential time-bomb effect." The State Health Department says that Arizona had 295 reported cases of active TB in 2003, a jump from the previous year. Why the increase? More of the disease was found among kids under 5 years old and prisoners. The latter were mostly Immigration and Customs Enforcement detainees--in other words, illegals. Sixty-eight percent of Arizona's foreign-born TB cases are from Mexico, says state health. Will TB return to the United States in a big way? It hasn't yet, says Lee Reichman, executive director of the New Jersey Medical School's National Tuberculosis Center. But he adds that with globalization--the ability to get around the world in 20 hours--and because "we can't stop people from getting in to this country, no matter how hard we try," the potential exists for a new epidemic. His particular concern is with multi-drug-resistant TB, fatal in 60 percent of cases. This strain requires a long regimen of costly drugs that illegals are unlikely to take, or have access to. Arizona has a small number of MDR-TB cases, and all of them in the past five years have been among foreign-born persons. "The reason you haven't heard about TB here is that good public health is working," says Reichman. "People who are symptomatic go to physicians, and the physicians don't ask questions. As soon as you have to ID yourself, or say we're going to send you back to Mexico, these people go into hiding and spread more TB. Any physician who cares about being a physician isn't going to ask those questions, because he took an oath to treat sick people." The Copper Queen's Rush Kish says that under Medicare reimbursement guides, her hospital cannot ask patients if they are in the country illegally. But how do you bill the feds to get money back for treating illegals if you can't ask if someone is illegal? Well, you play a little Orwellian word game, probing around the issue with a list of government-approved questions, then make educated assumptions. But the illegal holds the trump card, because he can refuse to answer every question. "We don't know yet what evidence Medicare will accept when we apply for reimbursement," says Kish. "But at least we can begin documenting the enormity of this problem." The question isn't whether those with genuine emergencies should get treatment. Of course they should. In Naco, residents have no access to ER care and many would die if they didn't get to the Copper Queen. The real question is: Who pays? Rev. Tom Buechele, pastor at St. John's Episcopal Church in Bisbee, thinks it's appropriate for the federal government to keep ponying up, as long as American companies "maintain their illegal trafficking in human labor." "Until we have comprehensive immigration reform, we need to bear the health-care costs for undocumented workers, whatever those costs are," says Buechele, who, for almost a year now, has been running a free monthly clinic in Naco, Arizona, catering to the poor and uninsured on both sides of the line. Although they talk a different language, politicians, even Republicans, promote policies that further Buechele's liberal vision. They boast to constituents that they've saved border hospitals by pushing through the Medicare reimbursement plan, which provides a relatively small amount of money over four years. But that's another Hobson's choice, which is to say no choice at all. What do you do, let hospitals go under? Kyl, who pushed to get the reimbursement money, says an emphatic no. "If we want those ERs to be there for us, then we'd better keep them in business," says the Arizona senator. "If our hospitals are required by federal law to treat anybody who comes into the ER, and the federal government has failed to control the border, then it's appropriate for the government to reimburse these hospitals." But some argue that the system as it stands now, with EMTALA firmly in place, is rigged to produce two results: The federal treasury will remain wide open to illegals, and that all but guarantees that more and more of them will bust the line to get here. After all, this is the end of the rainbow for them, where jobs await, education is free, health care is free. Who wouldn't come? And the more they come, the more American health suffers--from such diseases as Chagas and TB, further cutbacks in hospital services to American citizens, and even possible closures. Where's the compassion in that? Copper Queen ER nurse Josie Mincher, herself Hispanic, puts her health, and possibly her life, on the line to treat illegals. Listen to the emotion in her voice as she describes what that's like: "I go to work every day feeling like I'm on a torture wrack. My heartstrings get pulled in one direction by these sick people I want to help. Because I'm Hispanic, I know how they live. And I'm pulled in the other direction, too, thinking that if our hospitals aren't around, where do I take my own kids? "But we have to treat them because of EMTALA. It says that anybody who comes within 250 yards of an ER gets treatment. What would happen to Safeway if the law said anyone who comes within 250 yards of the store gets free food? They'd go out of business. Well, we're a business, too." Mincher's solution? "Send the bills to Mexico. If it affected them financially, they might do something about all these people coming across. My grandparents came here legally, and it took a long time and a lot of money. They respected the law. These people just walk across now. They weren't brought up the same way." Burns at UMC says he wants the U.S. and Mexican governments to work together to find a solution. But, as Kyl cautions, don't expect any breakthrough soon. Mexico benefits far too much from our illegal immigration nightmare--in jobs for its citizens and cash sent home--to step up with money to care for its own people. Until the border brought under control and the invasion stopped, we'll continue to pay the bills of people who illegally tiptoed across the line in the dead of night. This is an article from the Arizona Repuiblic newspaper, NOT something i "made up"!!!! If you don't believe me, LOOK IT UP FOR YOURSELF!!! It's on-line, if you look under Copper Queen hospital!!! And for those of you that can not take the time to READ this article, i can SEE why you are so UNINFORMED on this issue!!!!!!!!!!!!!1
After Surgery,Doc. showed pic. and asked if I knew what it was,he said he got stuck on it several times!? Back in 2006 I had surgey on my ankle.After 2 1/2 weeks I went back for a follow up.He showed me pic. of while he was inside my ankle and asked me if I knew what this white thing in the pic. was.I said no of course and he said he didnt either,but had got stuck on it several times during surgey.Now 3 yrs. later I am still having problems as in cant feel 2 of my toes(to which I told him at time of pic. that I couldnt feel) still and have pins and needles feeling.I am seeing a pain management doc. and have a lawyer for my wc claim,but no one seems to think this is odd for a doctor to one tell you this,or that it means anything.I think differently.What do you think?Do I have a case for medical malpractice?I should also state that the first doc. I went to first said I didnt break my ankle but later found out I did and thats the reason for the surgey to begin with(was to get rid of the 50-60 pieces of bone floating around my ankle)Tell me what you think on this.
Do you think the government can be successful in changing the way doctors deal with insurance and patents? The government could make paper work for doctors to insurance almost nonexistent, making the need for high staff absolute, and could computerize all patents files so that any doctor from any where with a password or cd could have a patents medical history right then. No wait time, insurance claims have no red tape. This alone would drive the cost of insurance down, Also, we could pass laws making it harder for law suites to happen which would make a doctors malpractice insurance go down which would make health care costs go down...Any comments. This question will be put to a vote it more then 4 answers...
Do I have a Lawsuit? I was in the process of joining the Navy through BDCP and would go to OCS summer of 2010, I had a 10:17 mile and 1/2, 74 push ups in 2 minutes, 98 situps in 2 minutes, 5s across the board on ASVAB (so I could choose any pipeline from my understanding) so I was going to join as Surface Warfare Officer or Pilot but the Navy Doctor Disqualified me for a disease I do not have. He said I have Bronchioreactive disease because I filled out the medical paperwork honestly and said I used an inhaler (albuterol) for an upper respiratory infection for 3-5 days in 2003. My primary physician wrote a letter disputing this claim and stated that I DO NOT have Bronchioreactive disease. I am disqualified from joining the service because of this accusation and because I am allergic to bees. I'm not arguing against being DQ'd or wanting to sue because of being DQ'd but rather I wanted to sue the Navy Doctor for malpractice or defamation. Do I have a suit?
what determines medical malpractice & does this man really have case? He was in a car accident & suffered a knee injury. He was sent to the ER via the ambulance. When there he told the doctor about the knee injury but the doctor never did any X-rays claiming the guy was too healthy. The doctor said that the knee would be sore but would heel in a few weeks & that the man can return to work the next day. After about 5 weeks the knee was much worse & the man goes to another doctor, this doctor orders test & it is found that the knee is injuried badly enough to require surgery. This new doctor asked why the ER never did Xrays & thinks that the injury would have heel with proper treatment (physical thepary) & if given proper rest (days/weeks off work) The new doctor states that the ER doctor neglected to do his job properly. Now this man thinks he has a medical malpractice case.
Is there a way that you can find out how many vehicles a person owns.? I'm getting ready to take my ex-husband to court after 6 years of not having to pay ANY child support. We've gone before & he has always claimed to he's not working & can't affort to pay child support.The judge always take pitty on him & I get screwed over. He is on disability & get at least $1,700 a month for the, plus he gets money from the V.A from when he was in the Army & he suffered an injury. But it's not like he has any bills, I know that in 2005 he won this HUGE medical malpractice law suit. With the money he bought a farm with 20 acres & another 10 across the road from there. He has farm equipment. bulldozers, backhoes, semi truck, trailers, & much more. He pays cash for everything, I just need to prove it to the judge so that when we go to court it's not my word agianst his. Personally I don't care what he has or owns but after 6 years I'd really like him to have to do something for our kids. I know that laws differ from one state to another so I just wanted to add that I live in Michigan.
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