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David v. Goliath
- Thread starter ellencee
- Start date
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D
dadrummer
Guest
ellencee,
I'm don't know how DvG case is going but if you go back to 6/18, Arizona Standard of Care, I think that may explain why we haven't heard from the stone thrower lately.
I'm don't know how DvG case is going but if you go back to 6/18, Arizona Standard of Care, I think that may explain why we haven't heard from the stone thrower lately.
dadrummer
I thought he got kicked off, deservedly for bad advice--that's why I hate to admit it, but I am interested in how his case is going. Wouldn't you think something of that magnitude would be on the news if 'David' beat 'Goliath'? and he had said that the case, or appeal, would be ending soon.
thanks for answering my post--I appreciate it!
and...if you have any pull on this site, get jimmyv thrown off for his vulgarity as well as his stupidity, please!
I thought he got kicked off, deservedly for bad advice--that's why I hate to admit it, but I am interested in how his case is going. Wouldn't you think something of that magnitude would be on the news if 'David' beat 'Goliath'? and he had said that the case, or appeal, would be ending soon.
thanks for answering my post--I appreciate it!
and...if you have any pull on this site, get jimmyv thrown off for his vulgarity as well as his stupidity, please!
D
dadrummer
Guest
ellencee,
I agree. On the surface his case appeared to have many twists and turns. And it would be interesting, if such a case existed, to find out how it now stands.
As for pull?? Nah, not me. But, having said that, I have read many of your postings over the past few months and it seems your replys seem to be well thought out and respected by the vast majority of members.
Keep it up!
(The jimmyv idiots seem to take care of themselves after a short period of time)
I agree. On the surface his case appeared to have many twists and turns. And it would be interesting, if such a case existed, to find out how it now stands.
As for pull?? Nah, not me. But, having said that, I have read many of your postings over the past few months and it seems your replys seem to be well thought out and respected by the vast majority of members.
Keep it up!
(The jimmyv idiots seem to take care of themselves after a short period of time)
D
dadrummer
Guest
ellencee,
You're quite welcome on the compliment!
No, I haven't heard anything about the tort reform scenario. Wanna hear something really scary!!??
The reason I posted that question on this forum was because when I asked my attorney the same question he just replied "Hell if I know!!"
It would be interesting to see how vrzirn feels about tort reform, considering his surgeon/attorney position(s). Oops, that almost sounds like a conflict of interest issue!! JUST JOKING!!!
You're quite welcome on the compliment!
No, I haven't heard anything about the tort reform scenario. Wanna hear something really scary!!??
The reason I posted that question on this forum was because when I asked my attorney the same question he just replied "Hell if I know!!"
It would be interesting to see how vrzirn feels about tort reform, considering his surgeon/attorney position(s). Oops, that almost sounds like a conflict of interest issue!! JUST JOKING!!!
dadrummer
I, personally, don't understand how 'tort' reform can apply to professional negligence, when the very meaning of 'tort' is any wrongful act that does not contain a breach of contract and for which a civil suit can be brought.
If I hire a physician or a facility to provide medical care, we have a contract. If said physician or facility fails to provide care in the manner consistent with the contract, is that not a breach of contract, albeit through professional negligence?
it's alphabet soup to me.
I, personally, don't understand how 'tort' reform can apply to professional negligence, when the very meaning of 'tort' is any wrongful act that does not contain a breach of contract and for which a civil suit can be brought.
If I hire a physician or a facility to provide medical care, we have a contract. If said physician or facility fails to provide care in the manner consistent with the contract, is that not a breach of contract, albeit through professional negligence?
it's alphabet soup to me.
D
dadrummer
Guest
ellencee,
From what I understand about tort, as it applies to med-malpractice is that it falls under the heading of "private law".
I think the scenario you present is one that would fall under the heading of "contract law"which apparently is not applicable in med-mal complaints. Hopefully vrzirn or one of the other attorneys can perhaps shed some light on this.
From what I understand about tort, as it applies to med-malpractice is that it falls under the heading of "private law".
I think the scenario you present is one that would fall under the heading of "contract law"which apparently is not applicable in med-mal complaints. Hopefully vrzirn or one of the other attorneys can perhaps shed some light on this.
D
dadrummer
Guest
Ellencee,
Now don't you wish you would have went to law school instead of nursing school!!!????
I didn't think so!!!
(hey,I quit college to become a musician, and don't regret it a bit !!)
ellencee, you sure have raised some interesting points on this posting!! Also, I seriously doubt any attorneys will reply. Besides, they would only confuse the issue with facts......
(jus kiddin, ya'll!!)
Now don't you wish you would have went to law school instead of nursing school!!!????
I didn't think so!!!
(hey,I quit college to become a musician, and don't regret it a bit !!)
ellencee, you sure have raised some interesting points on this posting!! Also, I seriously doubt any attorneys will reply. Besides, they would only confuse the issue with facts......
(jus kiddin, ya'll!!)
dadrummer
and just who said I didn't go to law school?
my dear sir, I have been to more than one university and have more education than JUST a degree in nursing!!!!
but--you're right, I didn't go to law school.
a musician, huh? I always wanted to be a doo-wop singer, a female Pip, a Dawn with Tony Orlando--the clothes, the heels, the moves, the doo-wops....!
and just who said I didn't go to law school?
my dear sir, I have been to more than one university and have more education than JUST a degree in nursing!!!!
but--you're right, I didn't go to law school.
a musician, huh? I always wanted to be a doo-wop singer, a female Pip, a Dawn with Tony Orlando--the clothes, the heels, the moves, the doo-wops....!
D
dadrummer
Guest
ellencee,
my sincerest apology'(s)!!!
you are so correct in my ass-umption that nursing is(was) your only profession!! Typical male ignorance!! ( I will think of a more appropriate word that will be more suited for this format then ignorance!!)
OK, you have got to hold on to whatever you are closest to!! You ready??!!
When I initially registered to become a member of a "particular" forum, my log in name was " to be" dowopdowah." As in "dowop", obviously because that is a type of music that I play and grew up with (as did many others ??). Can you believe some $%^^%$%%& moderator refused to let me use that name, "dow-wop-do-wah". In his opinion it was an insult to imigrants "With-Out-Papers" ....."WOPS".
I could go on and on about this crap but when you mentioned "dowop" music, I had to tell this story.!! Dowop was and is still "the" music!! The Five Satins" In the still of the night",
Gene Chandler, "The Duke of Earl", The Temptations, " My Girl",
I might get my butt kicked off this site for discussing subjects " un-related subject matter", but, it's been one hell of a ride!!
my sincerest apology'(s)!!!
you are so correct in my ass-umption that nursing is(was) your only profession!! Typical male ignorance!! ( I will think of a more appropriate word that will be more suited for this format then ignorance!!)
OK, you have got to hold on to whatever you are closest to!! You ready??!!
When I initially registered to become a member of a "particular" forum, my log in name was " to be" dowopdowah." As in "dowop", obviously because that is a type of music that I play and grew up with (as did many others ??). Can you believe some $%^^%$%%& moderator refused to let me use that name, "dow-wop-do-wah". In his opinion it was an insult to imigrants "With-Out-Papers" ....."WOPS".
I could go on and on about this crap but when you mentioned "dowop" music, I had to tell this story.!! Dowop was and is still "the" music!! The Five Satins" In the still of the night",
Gene Chandler, "The Duke of Earl", The Temptations, " My Girl",
I might get my butt kicked off this site for discussing subjects " un-related subject matter", but, it's been one hell of a ride!!
D
David.v.Goliath
Guest
med-mal - product liability case
the stone thrower is alive and well!!!!
Ellencee, my case went all the way to the Supreme court in my state (which by the way is not Arizona) and i lost due to attorney malpractice. I didn't relize at that time that my attorney had been bought off but since the supreme court ruling i have secured another attorney firm to take on the profesional malpractice issue. Suit was filed yesterday against my former attorney for failing to admitt my medical expert testimoney at the sumarry judgement level of my original case against the doctor. In my state you cannot get to a jury trail without expert testimoney at the sumarry level. I had a board cert. neurosurgeon months before the hearing who had reviewed all my records and contacted my attorney and told him he would be willing to testify on my behalf that i was not a canidate for this surgery. He charged me $1,100 to review the file. When the doctor filed for sumarry judgment my attorney never addmitted his testimoney and my case got thrown out of district court and all the appeals were fruitless after that. Once the docter was released the manufacture got out on perscription since they were filed after the 1 year date from the surgery. After the supreme court ruled in Nov of last year i took some time to go over the entire case and in june of this year i contacted a law firm in the big city who have been in buisness since 1961 and specicalize in attorney malpractice. They told me to get the transscripts from the district court hearing and they would let me know if i had a case. Well, 30 days later they called me and had me come down and sign a contract for malpractioce against the former attorney and they said they were FIRED UP about the case. THEY CALLED THE NEUROSURGEON AND CONFIRMED THAT HE WOULD TESTIFY AGAINST THE FORMER LAWYER FOR NOT USING HIS AFFIDAIT. This law firm is huge and 3 of the Sr. partners are ascc professers at 2 different law universitys and they don't sue other lawyers unless there gonna win. They told me that i had a very good chance of winning against this lawyer because the jury would be sympithetic to me because the lawyer never addmitted my expert for trail to begin with. then it would be a matter of which expert they believed. Now, this brings my case against the doctor back into court and also brings the implant manufacture back because there is now no perscription issue. I have also recieved a letter from the FDA that says my complaint i sent them has suffecient MERIT to warrant an investigation into the promotional activities of the implant manufacture which is now ongoing. So now i have to prove my case against the lawyers insurance company, the doctor and implant company are off the hook, which may be better for me because he won't have the big money backing him up now and my insurance can't recover any money because its not a 3rd party tort that caused my injury. this will help because i'm into them for $250,000 that they can't recover, so any recovery will be mine minus the attorney fee's of 40%. All i can say is that the Lord sure moves in mysterious ways.
On another note, it seems that there is an epidemic of attorney malpractice going on in this country, it seems to easy for the big insurance companys to buy out a lawyer who has a meritorous case for 1/3 of the cost of going to trial. the sleezy lawyers take the money and leave the poor injured person to rot. there is a big consencus that attorneys are bottom feeders in this country, i can see why so many people don't like personal injury attorneys. in my case i hope my whole jury panel is like that...LOL
Goliath Beware!
the stone thrower is alive and well!!!!
Ellencee, my case went all the way to the Supreme court in my state (which by the way is not Arizona) and i lost due to attorney malpractice. I didn't relize at that time that my attorney had been bought off but since the supreme court ruling i have secured another attorney firm to take on the profesional malpractice issue. Suit was filed yesterday against my former attorney for failing to admitt my medical expert testimoney at the sumarry judgement level of my original case against the doctor. In my state you cannot get to a jury trail without expert testimoney at the sumarry level. I had a board cert. neurosurgeon months before the hearing who had reviewed all my records and contacted my attorney and told him he would be willing to testify on my behalf that i was not a canidate for this surgery. He charged me $1,100 to review the file. When the doctor filed for sumarry judgment my attorney never addmitted his testimoney and my case got thrown out of district court and all the appeals were fruitless after that. Once the docter was released the manufacture got out on perscription since they were filed after the 1 year date from the surgery. After the supreme court ruled in Nov of last year i took some time to go over the entire case and in june of this year i contacted a law firm in the big city who have been in buisness since 1961 and specicalize in attorney malpractice. They told me to get the transscripts from the district court hearing and they would let me know if i had a case. Well, 30 days later they called me and had me come down and sign a contract for malpractioce against the former attorney and they said they were FIRED UP about the case. THEY CALLED THE NEUROSURGEON AND CONFIRMED THAT HE WOULD TESTIFY AGAINST THE FORMER LAWYER FOR NOT USING HIS AFFIDAIT. This law firm is huge and 3 of the Sr. partners are ascc professers at 2 different law universitys and they don't sue other lawyers unless there gonna win. They told me that i had a very good chance of winning against this lawyer because the jury would be sympithetic to me because the lawyer never addmitted my expert for trail to begin with. then it would be a matter of which expert they believed. Now, this brings my case against the doctor back into court and also brings the implant manufacture back because there is now no perscription issue. I have also recieved a letter from the FDA that says my complaint i sent them has suffecient MERIT to warrant an investigation into the promotional activities of the implant manufacture which is now ongoing. So now i have to prove my case against the lawyers insurance company, the doctor and implant company are off the hook, which may be better for me because he won't have the big money backing him up now and my insurance can't recover any money because its not a 3rd party tort that caused my injury. this will help because i'm into them for $250,000 that they can't recover, so any recovery will be mine minus the attorney fee's of 40%. All i can say is that the Lord sure moves in mysterious ways.
On another note, it seems that there is an epidemic of attorney malpractice going on in this country, it seems to easy for the big insurance companys to buy out a lawyer who has a meritorous case for 1/3 of the cost of going to trial. the sleezy lawyers take the money and leave the poor injured person to rot. there is a big consencus that attorneys are bottom feeders in this country, i can see why so many people don't like personal injury attorneys. in my case i hope my whole jury panel is like that...LOL
Goliath Beware!
S
summerbreeze65
Guest
Sorry to cut in!!
How is my friend from the Gulf? (dadrummer). I talked to a lady who just spent a vacation in the gulf. Man, you weren't kidding!! Gambling, shops.... Sure has changed since my days there in 86. She is going to show me some pictures. Can't wait. I love the music era you speak of! You can understand the words!LOL.
EC,
You are the best nurse in my book. If I had millions, I would of flown you here to take care of me! Maybe I wouldn't of been in the mess I am now!! Keep up the great work. You offer posters more than what they bargin for. And to think, it's free! You should get paid! If you ever get kicked off I shall protest!!LOL.
~Summer~
How is my friend from the Gulf? (dadrummer). I talked to a lady who just spent a vacation in the gulf. Man, you weren't kidding!! Gambling, shops.... Sure has changed since my days there in 86. She is going to show me some pictures. Can't wait. I love the music era you speak of! You can understand the words!LOL.
EC,
You are the best nurse in my book. If I had millions, I would of flown you here to take care of me! Maybe I wouldn't of been in the mess I am now!! Keep up the great work. You offer posters more than what they bargin for. And to think, it's free! You should get paid! If you ever get kicked off I shall protest!!LOL.
~Summer~