Need good malpractice lawfirm
Can't make this long story short, but I will try. The law firm who was handling my mom's case in small town Poplar Bluff MO has dismissed her lawsuit this last week due to their inability to find a specialist who could say that her surgeon or the hospital are at fault. I have a one year window of opportunity to re-file the case. I need the Johnny Cochran of medical malpractice, does any one know where I can find this person??
Ending: My mom passed away Dec 13, 2006 from metastatic cancer. She passed away the day she was diagnosed at the Univesity of Missouri/Columbia Hospital. She had the best physician in the country at Columbia. She had the worst during her initial surgery in Poplar Bluff.
Story: In 2003 one month prior to my hubbie flying out of Ft. Bragg for OIF she entered the hospital in Poplar Bluff, Missouri for a routine hysterectomy and bladder tightening procedure. She was healthy and farmed a 70 acre farm and two rent farms with over 100 head of cattle. My dad passed away Dec 2002 (one month prior to her hospitalization) so she was running the farm on her own. Her gynecologist told her she had pre-cancer cells and the surgery would prevent the chances of it becoming full blown cancer. She opted to have the surgery fearing that we would stand to lose two parents in a short amount of time. Deer season was passed, turkey season was not until April, the cattle would not be calving until Spring and she felt this would be the best time.
She almost died three days after the surgery from a perforated bowel. A gastroenterologist summoned by my RN aunt saved my mom but at a price. The hospital nurses said the pain and bloating were normal and she was ok. She had emergency surgery to save her life. The second surgery left her on a ventilator, absent a gallbladder and now she had an ileostomy in a most awkward place due to the location of the perforation. At one point during recovery in the ICU her heart rate was over 160 and her blood pressure had dropped to 40/20 and the staff refused to summon a physician saying they were watching her to see what would happen. I stormed the head nursing station and was able to get a physician in to see her who stabilized her.
Her kidneys failed and she was placed on dialysis. She lost over sixty pounds, most of her hair and was not released from the hospital because they could not improve her health to the point where she could be released. She requested transfer to Barnes in St. Louis where, within a week, she was deemed healthy enough to go home. What they did: stopped the huge barrage of medications she was being given. She arrived home the first week of April '03.
For the next three years my mom suffered untold surgeries, pain and indignities due to ileostomy leakage. She got to the point where she would not leave the house for fear that it would come undone. Her health continued to fail and late last summer she began to have bouts of nausea and pain. She visited with her physician in Jonesboro AR who sent her to Columbia to see Dr. Renshaw. The physicians and staff were excellent and worked to improve my mom's health. They had diagnosed her condition as inflammation brought on by the abundant build up of scar tissue from the numerous surgeries she endured following the initial surgery in '03. In December they operated to remove the scar tissue. Due to her weakened condition they were not able to close the wound or resection her bowel. A second surgery would have to be performed.
My mom's vital signs remained weak with numerous meds being used to keep her stable and fluid building at an alarming rate. She was on a ventilator and on the morning of Dec 13 we had to make a decision as to attempt a second surgery or continue with stabilization treatment. We asked if the mass had been biopsied and Dr. Renshaw stated the would be receiving the results that morning. When he returned we knew the worst. We were taken to the consultation room and there we made the decision to fulfill my mom's living will, no life support if there was no hope for recovery. With the diagnosis of metastatic cancer we knew she would not want to suffer any longer and life support measures were stopped. One hour later she passed away.
I want that surgeon/gynecologist in Poplar Bluff MO and the hospital that provided inadequate care to pay for the loss of my mother. She was only 64 the day she passed. Not a day goes by when I don't think of her and/or reach for the phone to share a joke, a moment or a thought. That b*stard is responsible for a huge whole in many people's love and I want him to hurt as much as he has hurt my family.
Ending: My mom passed away Dec 13, 2006 from metastatic cancer. She passed away the day she was diagnosed at the Univesity of Missouri/Columbia Hospital. She had the best physician in the country at Columbia. She had the worst during her initial surgery in Poplar Bluff.
Story: In 2003 one month prior to my hubbie flying out of Ft. Bragg for OIF she entered the hospital in Poplar Bluff, Missouri for a routine hysterectomy and bladder tightening procedure. She was healthy and farmed a 70 acre farm and two rent farms with over 100 head of cattle. My dad passed away Dec 2002 (one month prior to her hospitalization) so she was running the farm on her own. Her gynecologist told her she had pre-cancer cells and the surgery would prevent the chances of it becoming full blown cancer. She opted to have the surgery fearing that we would stand to lose two parents in a short amount of time. Deer season was passed, turkey season was not until April, the cattle would not be calving until Spring and she felt this would be the best time.
She almost died three days after the surgery from a perforated bowel. A gastroenterologist summoned by my RN aunt saved my mom but at a price. The hospital nurses said the pain and bloating were normal and she was ok. She had emergency surgery to save her life. The second surgery left her on a ventilator, absent a gallbladder and now she had an ileostomy in a most awkward place due to the location of the perforation. At one point during recovery in the ICU her heart rate was over 160 and her blood pressure had dropped to 40/20 and the staff refused to summon a physician saying they were watching her to see what would happen. I stormed the head nursing station and was able to get a physician in to see her who stabilized her.
Her kidneys failed and she was placed on dialysis. She lost over sixty pounds, most of her hair and was not released from the hospital because they could not improve her health to the point where she could be released. She requested transfer to Barnes in St. Louis where, within a week, she was deemed healthy enough to go home. What they did: stopped the huge barrage of medications she was being given. She arrived home the first week of April '03.
For the next three years my mom suffered untold surgeries, pain and indignities due to ileostomy leakage. She got to the point where she would not leave the house for fear that it would come undone. Her health continued to fail and late last summer she began to have bouts of nausea and pain. She visited with her physician in Jonesboro AR who sent her to Columbia to see Dr. Renshaw. The physicians and staff were excellent and worked to improve my mom's health. They had diagnosed her condition as inflammation brought on by the abundant build up of scar tissue from the numerous surgeries she endured following the initial surgery in '03. In December they operated to remove the scar tissue. Due to her weakened condition they were not able to close the wound or resection her bowel. A second surgery would have to be performed.
My mom's vital signs remained weak with numerous meds being used to keep her stable and fluid building at an alarming rate. She was on a ventilator and on the morning of Dec 13 we had to make a decision as to attempt a second surgery or continue with stabilization treatment. We asked if the mass had been biopsied and Dr. Renshaw stated the would be receiving the results that morning. When he returned we knew the worst. We were taken to the consultation room and there we made the decision to fulfill my mom's living will, no life support if there was no hope for recovery. With the diagnosis of metastatic cancer we knew she would not want to suffer any longer and life support measures were stopped. One hour later she passed away.
I want that surgeon/gynecologist in Poplar Bluff MO and the hospital that provided inadequate care to pay for the loss of my mother. She was only 64 the day she passed. Not a day goes by when I don't think of her and/or reach for the phone to share a joke, a moment or a thought. That b*stard is responsible for a huge whole in many people's love and I want him to hurt as much as he has hurt my family.
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Look far, far away from the area,local lawyers and local doctors are good buddies.My son went thru the same type of thing finally had to look out of state. 0 -
I know I need to search out of state, but I am in Arkansas working full time, raising kids still at home, juggling a two career hubbie and his motorcycle habit, handling my mom's estate (still in probate), trying to ride herd on a kid in college, squeezing in time to play grandmother to two wonderful grandkids and provide housing for their mom who is in process of divorce, trying to sell a 4BR/3BA 2200 sqft doublewide on 5 acres ($89,000.00 if anyone wants it), just finished coaching girls fast pitch summer league team, etc. I need help in my search. I need a law firm/lawyer who can find the docs to back the claim. The law firm that is dismissing the lawsuit will turn over all information garnered to this date to include all medical records and depositions they have taken. My brother who is the other party to the suit is an independent OTR trucker who is living on Mama's farm. My sister-in-law has become the defacto cattleman/farmer as I am in Arkansas and my brother stays on the road most weeks. 0 -
I guess what is really killing me is that throughout all of the pain and suffering my mom endured, she kept saying that if she won her lawsuit and left us kids with enough that we would not have to struggle as we did when we were kids it would be worth all the pain. She never saw or understood what she did leave us. The memories we have of summers spent camping and fishing on Current River, chasing cattle, learning to live and love the land, hunting for deer and turkey and the camraderie of a shared campfire, the love, laughter and tears throughout the years are priceless. But, being the ultimate mom she worried about us to the end and never thought of herself. 0 -
Here is a start, if your current attorneys' couldn't get you a settlement (and thier 30% fee), then there is more to the story, if you realize it or not. Lawyers are businessmen, I don't know why so many people never put the two together, but the fact is they're not going to go into a bad business deal because someone wants them to.
Anyway here you go:
http://attorneypages.com/577MO/index.htm
http://www.medical-malpractice-attorney-source.com/medical_malpractice/missouri.html
http://www.medicalmalpractice.com/NewsRoomContent.cfm/State/MO/Missouri-Medical-Malpractice.html0 -
There are a couple of ways you can go about this. First, you probably have already checked out Medicalmalpractice.com. At least I hope you have. If you haven't there is a state by state listing, and you should be able to find someone there to help. Second, contact the bar association in the nearest big city. For example, if St. Louis is the nearest big city, contact the St. Louis bar association. The bar assoc. in each city will have a referel service. I have to warn you, however, just because they refer you to a firm, that doesn't mean they are good. You should get a list of 3-5 names and then ask for references, ie. other people they have represented recently and then contact those people and ask questions regarding their experience with the firm in question. Third, contact the law school in Columbia. There should be somebody on the faculty there who specializes in medical malpractice. Get that person to give you a recommendation. Once again, be carefuly. The faculty member will probably either recommend someone who is well known in the profession and therefore may not be as "hungry" or agressive as you would hope or you may be refered to a lawyer who is just starting out but is very "hungry" and looking for a case to make a name. Best of luck and please keep us posted -- Steve 0 -
Wife had a lawyer out of New Orleans for the same thing. Got her some decent compensation. 0 -
I'm very sorry about the loss of your mother.
The law firm that is dismissing the lawsuit will turn over all information garnered to this date to include all medical records and depositions they have taken.
In the above may be a suggestion to you. I'm thinking that the law firm walked away from the case because you don't have money to pay them anymore, they took the case on a contingency basis and found as they did their research that the case against the doctor is not strong enough to pursue, or you still have enough money to pursue this but the lawyers realize that you don't have a strong case and are telling you that you're wasting your money.
Proving malpractice is often very tough. If the surgeon was dead drunk, if she took off the wrong arm, if she removed a kidney when she should have removed an ovary, then you have a pretty strong case. If the surgeon provided an acceptable (notice, not good but acceptable) level of care, then the chances of you winning are really rather remote.
In my job we occasionally have a parent come in a say that he or she is going to sue the school system and make us all pay and this and that and the other. My school system has a very large legal department and the system closely analyzes everything to make sure that what we're doing is fair, appropriate, and legal. Once the parent sits down with the lawyer and the lawyer tells him or her to write the first of many large checks, and tells him or her that they really have no chance, it all goes away.
You must keep in mind that the surgeon may have made a mistake. Your mom's procedure was probably quite difficult and the surgeon may have nicked the intestines. That, though, is not necessarily something you can sue about and win. Your mother probably signed all sorts of papers saying that it was a risky surgery, and that she accepted the risks, and such a mistake would probably be seen as something that might reasonably happen even in a well done procedure. Imagine you hire a handyman to come over and take a bathtub out, and he tells you that in the course of doing so he may crack a tile or two. You say that you understand, and you tell him to proceed. He does the job and does crack a tile, even though he was being careful. Well, he should replace he tile, but you really can't sue about it.
Again, I'm sorry for the passing of your mother, but you have to study this and see if there's any chance of you winning your suit.0 -
Susie, I feel deeply for your grief you and your family has went thru. Not easy to go thru a lawsuit. My Mother in Law just went thru a terrible incident with a hospital and almost died. The surgeon had someone else do the stapling and the staple gun misfired tearing up her intestines.. Nurse even filed a complaint with the state. That evidence could not be used. Attorney was retained and nothing could be done. There was evidence against the Dr.'s and hospital but still they could cover up. Malpractice is an expensive undertaking to prove and win. Expert witnesses are also not cheap. If you decide to do it be prepared for a very expensive procedure of a minimum of 50K and more like 100K to get it to court. Her Attorney used his expert Dr.s in the area to determine if there was enough to go forward. They all decided it was not worth the gamble. I posted what one case went like and maybe yours is stronger.
Some states also have monetary amounts on how much a patient or client can win in a case. Best wishes and good luck if you go forward. Prayers again sent.0 -
Susie, my thoughts are with you. I just lost my mother this year as well. But one statement you made gives me concern.
You said, "and I want him to hurt as much as he has hurt my family."
I understand you grief. I truly do. But nothing you do is going to hurt him. He's got malpractice insurance. All you will do is prolong your own pain.
Just something from someone who's been there so recently that I can't even look at Mom's picture without tears.0 -
Dave, thanks for the links. The law firm that dismissed had been pursuing the case for almost two years with preliminary findings from a general physician giving an opinion that there was malpractice/negligence. The case was scheduled to go to the judge just this last week. My brother and I were summoned to the law offices in May to provide signatures as trustees of my mother's estate continuing the suit my mom had filed. We were actually scheduled to provide depositions to the opposing law firm the first week in June when our lawyer contacted us to say that they had not been able to locate an accredited physician to provide expert testimony and recommended dismissal. My mom had repeated assurances that all was moving forward and a settlement would be a given. The law firm even offered up the opinion that this might be a case settled on the steps of the courthouse to avoid jury exposure. My mom died believing this. It was only after my mom died that the law firm cooled down. Did the docs and hospital offer up something under the table to avoid wrongful death is my question that circulates through my head.
My mother did not initiate this lawsuit. Her family physician after hearing her account of what happened, examining her and seeing her state of deteriorated health insisted she begin her lawsuit and stated he would testify on her behalf. Problem was he is a general physician not a specialist in the field.0 -
quote:Did the docs and hospital offer up something under the table to avoid wrongful death is my question that circulates through my head.
Again- Lawyers are business men. That is extremely unlikely. They tend to like not being in prision.0 -
It sounds like the general practice Dr. went overboard with hopes of a lawsuit for the family. I can now see why they asked for the dismissal. Even if it went to court with your Mother alive the odds of winning in my opinion would have been stacked against you. Nothing is for sure in a courtroom. The sympathy with your Mother alive would have sure helped but not been guaranteed. My opinion would be to go on with your life and realize how crooked the world is. My wifes brothers and sisters were counting the money her Mom was getting and spending it before the lawsuit was won. They were more upset than the Mom who knew all along nothing might come out of it. She was right. 0 -
Thanks for all the advice guys. My mom was aware of the risks and we know she signed waivers attesting to that effect. The suit was not for the surgery, but lack of follow up care. My mom complained for three days of pain and ran a low grade fever. The doctors and hospital staff poo-poohed her saying it was normal. On day three (surgery on Friday, emergency surgery on Monday) she was in such intense pain she was begging them to just kill her to get her out of her misery! The nursing staff told her that the doctor had examined her that morning and she was fine, just normal pain. My mom begged my sister-in-law to call my aunt (the RN) since no one would listen to her. By the time my aunt arrived my mom was in such pain she could not speak. My aunt examined (something hospital staff could have done) and found no bowel sounds and her abdomen was distended to the point of bursting. The surgeon who performed the emergency surgery told me the next day that he was surprised she had survived the night. Later my mom told him she was still aware when he began operating and felt the incision he made and pain from the procedure before she was finally completely anesthesized. He said he knew she was not completely out, but had to start immediately if he had any hope of saving her.
So much excrement/bodily waste leaked into her system that the gallbladder and appendix had to be removed due to necrosis. What I gave in my original post is just a small snapshot of so much more that happened.
Missouri has a tort limit of $500K per physician. This may have played into the dismissal.0 -
Susie, on a higher note.. I spoke with a gentleman about putting a convertible top on my Corvette two weeks ago. He has an uphostry (sp) shop locally. He said he just got back from the Mayo Clinic in Minn. Dr's in Columbia had operated twice on his intestines/ insides and gave him 12 days to live... Family went beserk. Rushed him to Minn. and they operated once and said he would live a ripe old age. My Mother in law was so sick , they said they could do no more for her at the hospital after the operation. They flew her in a helicopter to Charleston right after the operation where she could get better help. 0 -
Select-fire, that is good news. My mom's health had deteriorated over the course of the six months prior to her death and her body could no longer sustain itself. I sat in the hospital room that day listening to the ventilator, holding her hand, feeling the blisters erupting on her skin that were a result from the large amounts of fluid they had given her. She was so swollen from fluids as to be unrecognizable.
We honored her wishes and she received a closed casket service since she was stark naked, the way she had always rested and wished to leave this Earth.0 -
rfry@evans-mullinix.com. give them a email and then call see if they can help you. Let us know how you come out 0 -
Tort reform -
You wanted it, you got it.0
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