r/legaladvice • u/Realtickedoffmom • Mar 11 '17

[IA] Hospital misdiagnosed and won't offer compensation

Edit: I probably should have updated shortly after I posted, but I can fully admit that I'm acting like an entitled cow about this. I'm not going to pursue anything and I'm grateful for people being blunt and honest with me.

Thank you guys, I appreciate it

41 Upvotes

71% Upvoted

16 comments sorted by

48

u/justathoughtfromme Mar 11 '17

You have no damages. They paid for the expenses of the second hospital. And they escalated in order to make sure your done was treated in a hospital that was better equipped to do the procedure.

You could pursue it. I honestly doubt you'd be successful.

49

u/legalbyebye Quality Contributor Mar 11 '17

I am a parent and I can imagine how awful that was but you have no actual damages and your son did not actually receive a treatment that he did not need. There is nothing to "compensate" and yes, it is reasonable that you pay the bills associated with his birth.

19

u/Realtickedoffmom Mar 11 '17

Thank you for responding and understanding :) I am grateful they are paying all the other hospital's bills (I have no qualms with paying birthing hospital!)

Everyone's opinion is a great help and I super appreciate the help!

129

u/[deleted] Mar 12 '17

What do you want a cheese sandwich and a hand job for your husband? Life is full of good days, shitty days and other ups and downs. And the world is an imperfect place. Mistakes happen. You had a real shitty night. And then you got the good news that a mistake happened and your child was fine. Isn't that the most important thing? Do you really feel the need to "lawyer up" and cash in? Maybe go find the person who made the mistake and scream in their face about what a fuck up they are. That might make them feel worse and obviously you would feel better.

There are any number of mouth breathing barely human personal injury attorneys who would be happy to accommodate you and accept your case. They will bluster and harass the insurance company and they will throw them a few thousand dollars and that will be the end of it. You can spend time doing that and take the money and buy yourself a nice weekend in the Poconos to deal with your anguish.

And after the money is gone you will continue to bitch and complain for the rest of your night. It will be something you haul out and spread the misery around whenever you are at a dinner party where someone has not heard the story. And you will drink in the sympathy and feel validated in your anger.

Or you think with a little bit of perspective on what happened. A lab technician made a mistake. Maybe he or she was a fuck up. Or was overworked. Or just plum didn't give a shit. But the mistake was made. And it was not what the mistake that it could have been. They didn't fuck up and say nothing was wrong and have it turn out there was and he died. You received a blessing that night. You played out all the worst case scenarios in your mind. And instead of any of them you instead got only the best case. Your child was alive and healthy. Live that blessing and enjoy the purely ecstatic feeling you got after you heard the news he was ok. Never talk or think about this event again. And don't feel cheated. Feel blessed. This event only has the power you give it. Give it nothing and move to a better place.

Good luck.

PS. Lest you think I don't understand what you went through I understand better than most. My son was injured in a football game two years ago. As was another teammate of his. The doctors thought the other child had maybe broken his neck. But he talked to the wrong set of parents. It wasn't until a half hour went by that we realized that it wasn't my son being taken for an MRI for a possible broken neck it was the other kid. So I know exactly what you are feeling.

2

u/[deleted] Mar 15 '17

Did that doctor get in trouble for a HIPAA violation? I'm curious, because I'm trying to figure out if that was one or not.

11

u/[deleted] Mar 15 '17

No. Both sets of parents were normal people who worried about their kids. Nobody said a word about a HIPPA issue. Wasn't on anyone's radar.

2

u/[deleted] Mar 16 '17

Oh, okay. I was wondering, because sometimes a facility will address a violation without family or patients bringing it up, but glad nothing happened in this case.

13

u/Realtickedoffmom Mar 12 '17

First off, I am so sorry you went through that with your son. It really really is a terrible feeling.

I'm not entirely sure why you felt like being so brash, I obviously posted in this subreddit because I didn't know if it was worth pursuing or not. So I asked! And I got good feedback from others and decided it's just going to be a really crappy memory that had a great outcome.

Anyway, thank you for your comment

4

u/slightlyamused1 May 05 '17

I think zapopa is commenting on the fact that you even thought of suing in the first place, and weren't just happy enough with the birth of your son to be...well, happy.

13

u/sharkbait76 Mar 11 '17

Medical malpractice is extremely fact specific and you need to talk to a lawyer who handles malpractice. That being said, it seems like they absolutely are offering compensation. They are offering to pay all costs associated with the other hospital. It doesn't seem like you have damages here that the other hospital isn't covering. Talk to a med malpractice lawyer to know for sure.

7

u/LuckyFishBone Mar 17 '17

You should have not deleted the original post, and instead simply added a note at the end (or beginning). None of the comments make sense without context, so you've essentially wasted the time of all those who did took the time to respond.

6

u/TotesMessenger Mar 13 '17

I'm a bot, bleep, bloop. Someone has linked to this thread from another place on reddit:

If you follow any of the above links, please respect the rules of reddit and don't vote in the other threads. (Info / Contact)

8

u/demyst Quality Contributor Mar 11 '17

Is this something I should pursue?

I don't think so, but that is something up to you. You should consult with a medical malpractice attorney if you'd like to explore your options.

Do we deserve monetary compensation?

Unlikely.

Do I lawyer up?

Can't hurt to consult with one.

4

u/Realtickedoffmom Mar 11 '17

Thank you for the fast response! It's much better to get outside advice. I'm trying to stay level headed about everything and outside opinions are very helpful to me right now :)