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  1. #21
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    May. 4, 2003
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    Seems to me like a system to make sure people don't qualify for FMLA especially since you said she did the same to someone on maternity leave. I really despise when employers do stuff like that. Take care of your peeps...you need them!


    3 members found this post helpful.

  2. #22
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    Apr. 12, 2006
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    You might be able to re-open the 2010 Workers' Compensation claim (depending on the law in your state - there are time bars to re-opening such claims, that varying), if you can get a medical provider to state that it has been laying dormant. It would seem to me that a medical malpractice/personal injury lawyer is the wrong place to start -- unless you are alleging that the doctors did something wrong, which is not what I got from your post. I would look for those lawyers in your area who specialize in worker's comp, and go from there...you can check with the state bar association to see if the lawyer is in good standing and/or has ever been sanctioned -- otherwise, word of mouth or recommendations -- particularly from other lawyers, is the way to go.



  3. #23
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    Feb. 4, 2009
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    Just my opinion (and it's worth exactly what you're paying for it) is that you won't have a case. You had C. diff. two years ago and at this point in time I can see no way to prove that it's the same infection. Some of the doctors might think so, but trying to prove it is going to be nearly impossible.

    Secondly, even if by some way you were able to prove that it was indeed the same infection, then you'd have to prove that it was negligence on the part of your employer that caused you to get it.

    I worked as a nurse for a while. The chance of contracting C. diff., VRE, MRSA, etc. is one of the risks you take working in that environment. It's also becoming more prevalent everywhere and community acquired infections are becoming quite common.

    Certainly consult a lawyer if you want to but don't be surprised if you don't find one to take your case. Since your family is on your back about it, have them spring for the consult fee. If you really don't want to and they're pushing you to do it, that would be fair.

    Take care of yourself and avoid undue stress. Hope you're back to 100% soon.
    Last edited by mswillie; Nov. 24, 2012 at 10:18 PM. Reason: typo


    2 members found this post helpful.

  4. #24
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    Jul. 31, 2007
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    Quote Originally Posted by Snowflake View Post
    Due to the damage my GI tract has suffered, I will need to be on daily meds my entire life. The doctor also said that this may not be my last run in with C. diff. Frankly, the news kind of sucks.

    My dad told me today that he wants me to find a worker's compensation lawyer and sue the trauma center as this was a work related illness from the start. While I understand his point, I don't want to get involved in something that is so over my head. Is it even worth it to try to pursue this? I've never been one to have gimme syndrome and certainly don't want to add to the multitude of petty cases that are currently clogging the judicial system. But, I honestly don't know if this situation holds merit.

    If I do decide to consult a lawyer, how do I weed the good from the bad? This is so beyond my comfort zone. I told my family this but they seem hell bent on "sticking it to the man". Oy. It was an overwhelming family discussion on the way home from the hospital to put it mildly.
    I didn't read more than the OP' but here are some cool-headed ways to think about suing. Given what you say, it may help to parse these out in your mind.

    1. If you now have a permanent medical condition, how do you plan on paying for treatment for the rest of your life?

    2. I'm not sure how to quantify "pain and suffering," but that's what lawyers do. It's also logically separate from winning the amount of money it will cost for you to treat the fallout of this purported mistake.

    3. Do you want to create a financial disincentive for a doctor (or whoever) to mistreat a patient again? This is also what a lawsuit is for. (And it's why MDs buy malpractice insurance.)

    Last, and relating most to #1: The point of an award in a a suit is *not* to provide you with a lottery-like cash cow. For you, the dollar amount awarded is only the amount that will "make you whole" (as you were before the f-up). Anything punitive (technically not your business or agenda) is just about keeping the intended teeth in the law.

    I hope this helps you think about how to make your decision, whatever that is.

    Oh, and last but not least, part of the calculus of choosing to litigate or not is how good your damned case is! Don't forget the "You're right.. but that's not nearly as relevant as whether or not we can win" frame of mind.
    The armchair saddler
    Politically Pro-Cat


    1 members found this post helpful.

  5. #25
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    Feb. 22, 2009
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    Wisconsin
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    C-diff is all over the place. It is spread many places and by many things. Once you have had a problem with C-diff it is VERY VERY VERY easy and common to have another issue with it. How do I know?

    I had it last Jan. Mine was from antibiotics. Doctors ignored it. I couldn't work all of Jan. Was in intense pain, in and out of ER etc.

    If you read up on it you could have also contracted it from yourself. They have found that many people carry C-diff in their system that isn't active. So heck you could have gotten it from a friend spuse etc. Spores can live quite a long time on a surface. This is why they say wash wash wash.

    Sorry you had it. It sucks to get.

    Oh, and I have gotten it 2 more times since then WITHOUT antibiotic related use. Once again, once you have had it, it is easy to get. Heck we keep meds on hand for it.


    1 members found this post helpful.

  6. #26
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    Aug. 25, 2008
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    Arg. Flame suit on. No offense but really?!? How is the trauma center responsible for you contracting C.Diff. Many people are carriers and not symptomatic. C.Diff can be kept in check by the good bacteria in your gut but when you take antibiotics or get sick that balance gets altered. This allows the C.Diff to spread and the toxin it produces makes you sick. C.Diff is fecal-oral transmission and it is NOT killed by alcohol sanitizer, you MUST use soap and water to wash your hands. I would laugh at someone suing the workplace for contracting C.Diff as a healthy adult. Can you prove you had proper hand hygiene when working, if not I'd say you have some responsibility. Also you very well could have picked it up buying groceries. I mean this is such a terrible sounding lawsuit. Only in litigious countries...


    5 members found this post helpful.

  7. #27
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    May. 4, 2008
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    I just want to say, in many states there is no burden of proof like in a criminal court. In other words, if her previous employer acknowledged she contracted the first episode and covered it as worker's comp, she doesn't have to "prove" she contracted it at work.

    Yes, there is often a statute of limitations on change in your condition, ie the infection reoccurring.

    Also, worker's comp attorneys can only take a percentage of what you recover plus expenses and the percentage in most states is a pre-determined amount (in VA it is 20%) so you won't have to worry about fronting any money to get a case rolling.

    I would consult an attorney, personally, just to protect your future health. In other words, even if you don't get money for lost wages you could potentially be granted a judgement for lifetime medical, which would be important if you struggle in the future to stay free of this disease/recurrences and it affects your ability to get health insurance or stay employed.
    Sorry to see xtranormal is gone
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  8. #28
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    Quote Originally Posted by Moogles View Post
    Arg. Flame suit on. No offense but really?!? How is the trauma center responsible for you contracting C.Diff.
    My understanding of WC was that it didn't need to involve "fault" or "admitting they caused it" - it was just, you got hurt on the job, you're covered. Even if your getting hurt was a pure accident that involved no negligence, or even something that might be your fault (for ex, after being trained how to properly lift heavy stuff, you lift with improper mechanics and throw out your back).

    So the center covering the first bout of C Diff didn't necessarily mean "something we did wrong caused this", it just means "this might have been contracted on the job, we'll cover it".

    Bringing a lawsuit now definitely brings the question of fault into it, and they likely have grounds to fight even the first bout, nevermind the one 2 years later.


    2 members found this post helpful.

  9. #29
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    Aug. 25, 2007
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    You do need to consult with an attorney with experience in workers comp. as your first step. If you can establish a "work related injury" then you fall under your state's workers comp. system. This can be good news and bad news. The good news is that once you establish causation you're going to get paid. The bad news is that payments are "capped" in most states and will be lower than those from a traditional tort claim.

    Right now, from what you wrote, I don't see much a med. mal. claim but I've not reviewed all the records, either. If there is mis-, mal-, or non-feasance in your treatment then that will likely surface during the comp. review. Most workers comp. lawyers will NEVER sue a health care provider as they NEED a good relationship with those providers in their work. comp. cases. If they see a claim based upon the treatment they'll refer the matter out.

    I'd start with your local Bar referral service. If you don't have a local referral program the State Bar in your state will. The three names and interview the attorneys you're considering. This is YOUR case and you make the hiring decision. DO NOT hire anybody who advertises on TV, billboards, etc. They usually run "factories" and individual cases are milked for minimum settlements (which result in maximized profit for the lawyer). Be very wary of "free consults." They are the first cousins of the "billboard/TV" lawyers.

    A good records eval. will cost some money. Pay for it and get a quality review.

    From what you've written your work. comp. claim looks pretty good. A med. mal. claim, not so much. But you need an independant evaluation.

    G.

    Former Regional VP, Claims.
    Member, State Bar of Texas (Retired)
    Mangalarga Marchador: Uma Raça, Uma Paixão


    1 members found this post helpful.

  10. #30
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    Mar. 17, 2003
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    I did not read all the posts, so someone else may have touched on this.

    I think your case may be for damages and medical expenses for the lack of proper medical care after being let go at the TC. I don't recall if you said how long ago you were let go, and whether a good employee rights attorney could look into your termination. I would *think* that even in an employment at will state, there is still "wrongful termination". Additionally, if your doctors are anticipating that you could have additional episodes or have suffered permanent damage due to it not being treated properly (due to a lack of continuity of care) the first time, then I would think that you could be able to have current and future medical expenses covered.

    I'm not a sue-happy type, but sometimes, people and companies need to be held accountable for actions that have negative effects on others.

    Good luck!
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  11. #31
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    Jul. 21, 2006
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    South Carolina
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    I agree with all of what Guilherme posted except for one point - free consultations are the norm in my area. Probably varies by one's location, but here there is no reason to be wary of an attorney just because s/he provides free consultations.

    I think you ought to go talk to a few attorneys and see what they have to say. Then decide.



  12. #32
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    Feb. 8, 2008
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    Quote Originally Posted by pAin't_Misbehavin' View Post
    free consultations are the norm in my area
    I've never heard of a good PI attorney charging a consultation fee.

    I also think the OP should contact an attorney or several. I'm not a fan of suing (would love to see tort reform), but do think everyone should be aware of their options and rights.



  13. #33
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    Apr. 9, 2004
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    Help me understand... You don't want to sue, but your Dad wants you to? Aren't you an adult capable of making your own decisions? Talk to a lawyer if you want to, but not to appease your family. Sorry, but this is the one thing I keep coming back to...


    3 members found this post helpful.

  14. #34
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    Aug. 25, 2007
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    Quote Originally Posted by Discobold View Post
    I've never heard of a good PI attorney charging a consultation fee.

    I also think the OP should contact an attorney or several. I'm not a fan of suing (would love to see tort reform), but do think everyone should be aware of their options and rights.
    The attorney may not charge, but the expert he'll need to review the record will. THAT'S the "quality" eval you need.

    G.
    Mangalarga Marchador: Uma Raça, Uma Paixão



  15. #35
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    Sep. 7, 2009
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    Suing a workman's comp lawsuit is really not that difficult or time consuming. I know, my daughter was injured at my gym, workman's comp refused to cover surgery and I had to, in effect, sue myself. We paid for the surgery out of pocket, 2 years later, we were reimbursed and she was paid for the period of time she was out of work due to the recuperation time.

    It's not like a medical malpractice situation...that's a bit different.
    "We can judge the heart of a man by his treatment of animals." ~Immanuel Kant



  16. #36
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    Nov. 1, 2005
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    Was it really WC?? Most hospitals self insure. You sign a piece of paper when you are hired stating that you understand this and basically give up the right to WC.



  17. #37
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    Feb. 20, 2010
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    Quote Originally Posted by LauraKY View Post
    Suing a workman's comp lawsuit is really not that difficult or time consuming. I know, my daughter was injured at my gym, workman's comp refused to cover surgery and I had to, in effect, sue myself. We paid for the surgery out of pocket, 2 years later, we were reimbursed and she was paid for the period of time she was out of work due to the recuperation time.

    It's not like a medical malpractice situation...that's a bit different.
    No, but OP (or OP's father) wants her to sue for an infection that happened 2 years after the original infection that WC covered, long after OP left the workplace she'd be suing under WC. That will be difficult and time-consuming, as the defending party might well require her to prove that it was the same, non-eradicated strain (the bacteria used to be pretty limited to hospitalized folk with crappy immune systems and history of antibiotic use, but these days there are infections in healthy non-hospitalized people with no history of antibiotic use).
    OP has some docs that opine that her original infection wasn't eradicated, but at this point it's just that, expert opinion at best. And the defense would have its own experts.



  18. #38
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    Aug. 12, 2002
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    Calera, AL
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    If you are in the southeast, PM me. I have a very good lawyer that helped my family with a wrongful death case. If he can't help you, he would probably be able to recommend someone.



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