QUESTION
Surgeon caused issues outside of his specialty. This has cost me severely as noted below.
Asked on May 08th, 2013 on Medical Malpractice - Wisconsin
More details to this question:
I had surgery back in September with the intent of being on short term disability for 8 weeks, then returning to work. My surgeon caused additional problems preventing me from returning to work as of yet. I am now on long term disability because of this issue. I've contacted 6 attorneys. Every one of them say that under the circumstances, I have a case. The second I mention the name of the surgeon, they back pedal and suddenly refuse to help me. I'm on supporting myself and my son on a portion of my pay, have substantial medical bills, am constantly either at one of two types of therapy, at a doctors appointment, having labs done, or a procedure of some kind. My medical expenses have increased and the employer is cancelling my med coverage. My dept is outsourcing in July and because of my LTD status, I have been considered "severed" from the company, and not entitled to the nearly $25,000 severance pay I would have received at the time of the office officially closing.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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If they are refusing to help you because they all have a relationship with the target defendant, then you are probably consulting PI attorneys who dabble in medical malpractice. PI attorneys refer spinal cases to doctors all the time and the doctors in turn testify as experts in their cases. This occurs because most auto accident cases involve injuries to the spine, so PI attorneys who represent clients in automobile accident cases are hesitant to offend an expert who will actually come to court and testify on one of their casses.
Try and locate a lawyer who specializes in medical malpractice and who does not do allot of PI work, because that lawyer is less likely to have a conflict. An attorney who does medical malpractice cases mostly on behalf of defendant doctors might be your best bet.These lawyers will not advertise that they work on behalf of plaintiffs, but if you call a medical malpractice defense firm and ask whether they represent plaintiffs, someone usually does.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.
Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.
Click here, here and here for more information about me. Click here for summaries of some of the cases that I have litigated.
Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Click here for my website.
Answered on May 09th, 2013 at 8:53 PM