Aa
medical malpractice in Pa
Well I just found out that malpractice laws in Pa are this......A person has 7 years from when it happened (or) a patient SHOULD have been informed that they (me) were positive for hep C to file suite. My GP tested me in 1997 and never told me & that has really been bothering me that I could have done many things a lot differently. He treated me for everything under the sun, physical therapy, fibromyalgia, and I always had elevated liver enzymes, he even had an ultrasound done on my liver. The atty I talked to was aghast along with everyone else I have told. Thanks for listening, just had to vent here.
Denise
Denise
Right! And sorry to hear all that.
Original question in thread was about statute of limitations and suing the doctor but that issue seems to be laid to rest, if I understood correctly.
Hope you're well.
Original question in thread was about statute of limitations and suing the doctor but that issue seems to be laid to rest, if I understood correctly.
Hope you're well.
I simply can't see why a GP would run a viral load test and deliberately withhold the information from you. ARE YOU SAYING HE KNEW, AND CHOSE NOT TO TELL YOU OR THAT HE KNEW AND FORGOT TO TELL YOU?
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Oh, I don't know. I didn't find out that a scan of my liver showed that I had a tumor for almost a year - and at the time it was not ruled out as being malignant. I had another doctor who gave me IV iron for months even though I don't have iron deficiency anemia. She was a hematologist who had already given me a bone marrow biopsy that showed I had huge iron stores. I then had to have phlebotomy for iron overload. So... doctors screw up sometimes - they overlook things and they misdiagnose things and they make bad decisions just like people in every industry.
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Oh, I don't know. I didn't find out that a scan of my liver showed that I had a tumor for almost a year - and at the time it was not ruled out as being malignant. I had another doctor who gave me IV iron for months even though I don't have iron deficiency anemia. She was a hematologist who had already given me a bone marrow biopsy that showed I had huge iron stores. I then had to have phlebotomy for iron overload. So... doctors screw up sometimes - they overlook things and they misdiagnose things and they make bad decisions just like people in every industry.
Thanks for your responses. Like I said I feel like I got a load off my cheast by just posting my anger. I think there is not much I can do. It was not really the money but just to bring this doctors lack of concern out in the open but I was told by a very wise member here that if I wanted to change the medical profession to just forget it and move on. So I'm movin' on and have already changed GP's . In the future I will ALWAYS get copies of bloodwork and monitor my own health. Lesson learned the hard way
Denise
Denise
ADVOCATE ADVOCATE! To bad we aren't born knowing that, no? It is annoying! Everythime i go to Doc a new one, I tell them my history, they get incredibly bored, But you know what? To bad! Then I follow up, follow up, but honestly hindsite,
They gladly accept my insurance $$ they will listen to me!
Deb
They gladly accept my insurance $$ they will listen to me!
Deb
It's not a rant Denise, I never had any symptoms of HCV in my case but I certainly can relate to the scars on our hands. The whole PCT phlebotomy treatment was horrible. Stupid me back then didn't know about low hgb and walked around for 2 weeks with hgb of 8. I just thought I was tired, didn't know my brain was starving for oxygen. The phlebotomist said, oh dear, your hgb is a LITTLE LOW and let's skip a week. That was my last phlebotomy (13) I ever had because I thought I was keel over dead. They never told me one damn thing about the dangers of low hgb. My ferritin level was supposed to be reduced to around 100 before starting tx. It was 10 when I started. They don't care - they don't follow up and if something happens to us, oh well, WE SHOULD HAVE KNOWN BETTER. That's what annoys the hell out of me. I trusted a doctor and clinic to take care of my problem and they try to kill me!! They were in charge of checking the hgb and should of stopped phlebotomy immediately when it got below 12. Hell, my hgb was 16 when I started. I didn't do myself one bit of good by drinking either and if I'd know I had HCV would never have touched a drop. I don't blame you for being angry, I would be too. The upside - you're SVR baby!!!
Trin
Trin
I know it was not a viral load test, I am pretty sure it was an antibody test that was positive. I am working on getting a copy of my whole file. I think he just never looked back in my chart, even when my liver enzymes were always elevated.
I did have a liver ultrasound way back when. for the 3 years prior to being diagnosed (by my dermatologist-2007)
I would bet he called in Z-pac at least twice a winter for bronchitis of the flu.
He had me on every celebrex type of drug that came out for muscle / joint pain.
Had me tested for RA and x-rays, MRI's, pain clinic.
I always had swollen lymph glands / nodes & even had one biopsied, he used to write me a refillable script for keflex for the infection and call it in for me when I needed more.
Depression has been a factor off and on for quite a few years.
Had my appendix out about 7 years ago, he looked at the very dark urine in the cathater bag and said that "I better drink more water"......I know what that dark urine is all about now.
Soma for the muscle pain & spasms, vicodan when it was real bad. Physical therapy at least 3 times & neck massage at one point.
It was just really bothering me that he never even looked back in my chart to see if there was a pattern or anything IF he had MAYBE I wouldn't have all these scars on my hands and arms from the PCT.....MAYBE I would have not had any drinks, MAYBE I would have been more careful when I got cut, MAYBE I would not have been going crazy just knowing that something was wrong with me MAYBE I would have eaten a lot better.
I am not saying that he knew and didn't tell me I am saying that he didn't care enough to even look back in my chart, it was right there. There, I feel much better now after my rant / pity party.
Denise
I did have a liver ultrasound way back when. for the 3 years prior to being diagnosed (by my dermatologist-2007)
I would bet he called in Z-pac at least twice a winter for bronchitis of the flu.
He had me on every celebrex type of drug that came out for muscle / joint pain.
Had me tested for RA and x-rays, MRI's, pain clinic.
I always had swollen lymph glands / nodes & even had one biopsied, he used to write me a refillable script for keflex for the infection and call it in for me when I needed more.
Depression has been a factor off and on for quite a few years.
Had my appendix out about 7 years ago, he looked at the very dark urine in the cathater bag and said that "I better drink more water"......I know what that dark urine is all about now.
Soma for the muscle pain & spasms, vicodan when it was real bad. Physical therapy at least 3 times & neck massage at one point.
It was just really bothering me that he never even looked back in my chart to see if there was a pattern or anything IF he had MAYBE I wouldn't have all these scars on my hands and arms from the PCT.....MAYBE I would have not had any drinks, MAYBE I would have been more careful when I got cut, MAYBE I would not have been going crazy just knowing that something was wrong with me MAYBE I would have eaten a lot better.
I am not saying that he knew and didn't tell me I am saying that he didn't care enough to even look back in my chart, it was right there. There, I feel much better now after my rant / pity party.
Denise
GSDgirl: "My GP tested me in 1997 and never told me & that has really been bothering me that I could have done many things a lot differently. He treated me for everything under the sun, physical therapy, fibromyalgia, and I always had elevated liver enzymes, he even had an ultrasound done on my liver."
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What I find missing from your account is for what exactly your GP tested you in 1997. Do you have a copy of those tests? Did he do a liver function test or an antibody test or a viral load test? Did he ever discuss results with you and clearly dismiss them as irrelevant? Why did he treat you 'for everything under the sun', as you said, and deliberately ignore an Elisa or HCV RNA test?
I simply can't see why a GP would run a viral load test and deliberately withhold the information from you. ARE YOU SAYING HE KNEW, AND CHOSE NOT TO TELL YOU OR THAT HE KNEW AND FORGOT TO TELL YOU?
If you decide to pursue this with your attorney, I would find out in advance what the precedents are for situations similar to yours. The settlements can often be surprisingly small, even when you have a crystal clear case. So far, you haven't indicated a crystal clear case, so I hope you have one. You may be surprised that even large class action suits that clearly have cause result in poor payouts.
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What I find missing from your account is for what exactly your GP tested you in 1997. Do you have a copy of those tests? Did he do a liver function test or an antibody test or a viral load test? Did he ever discuss results with you and clearly dismiss them as irrelevant? Why did he treat you 'for everything under the sun', as you said, and deliberately ignore an Elisa or HCV RNA test?
I simply can't see why a GP would run a viral load test and deliberately withhold the information from you. ARE YOU SAYING HE KNEW, AND CHOSE NOT TO TELL YOU OR THAT HE KNEW AND FORGOT TO TELL YOU?
If you decide to pursue this with your attorney, I would find out in advance what the precedents are for situations similar to yours. The settlements can often be surprisingly small, even when you have a crystal clear case. So far, you haven't indicated a crystal clear case, so I hope you have one. You may be surprised that even large class action suits that clearly have cause result in poor payouts.
Note to all, in most US jurisdictions it is a crime to practice law without a license.
jd
jd
Try calling around and speaking to different attorney's. explain your case...I believe you have one year from when you found out, or as stated above...
One year from discovery...so that wouldn't have anything to do with the time the doctor found out, but when you found out...not sure if it's called malpractice, it may be called negligence???
Believe me, I've been in your shoes, but can't speak about it yet.
Donna
One year from discovery...so that wouldn't have anything to do with the time the doctor found out, but when you found out...not sure if it's called malpractice, it may be called negligence???
Believe me, I've been in your shoes, but can't speak about it yet.
Donna
If he had known all along ... wouldn't 7 years still be in play as long as he's treating you, aware you have Hep C and still hasn't informed you? Should be that you have 7 years from the time YOU found out that there was something you should have been informed about. Perhaps even a challenge to that statute of limitations in the case of Hep C as it's well known as a silent killer with no obvious symptoms for many years.
I'm sorry this happened to you and good luck with this.
I'm sorry this happened to you and good luck with this.
Just looked up Federal Laws with Malpractice to see if Federal law can trump State law in a Medical Malpractice suit
there has been some reform not sure if this could benefit you but why not contact your congressman and your insurance company for help the web site I went to which there are many on this subject
http://www.ncsl.org/standcomm/sclaw/medmaloverview.htm
Despite the extensive state work on medical liability costs, many parties in the medical liability conflict have seen fit to take their complaints to Capitol Hill and have found a receptive audience. Medical liability reform was made a centerpiece of the 2004 Presidential election, as well as many Congressional races.
Congress continues to repeatedly ignored state medical malpractice reform efforts, and the disconnect between federal and state work on medical malpractice issues has become more pronounced in the last two to three years. The 109th (2005-2006) Congress has seen the introduction of many federal bills on medical malpractice tort reform that operate under the premise that the states are not addressing medical liability reform, that focus solely on the litigation angle, and that ignore other relevant issues related to insurance and medical standards of care. Traditional supporters of federalism have turned their backs on their states in favor of intrusive legislation that will nullify the work of their state legislatures executed over the last three years. It will completely eliminate any opportunity for states to continue to craft laws addressing further malpractice issues and formulating responses applicable to specific problems. Federal legislation will also mean that areas of law traditionally regulated by states – torts, evidence and civil procedure – will no longer be under the purview of the states, but rather the federal government.
The proposed federal legislation, introduced in 2005 and continuing in 2006, would dismantle state judicial authority and preempt all existing state laws governing medical malpractice lawsuits with the following:
Limits on noneconomic (pain and suffering) damages at $250,000;
A 3-year statute of limitations to initiate lawsuits, or one year from discovery; statute of limitations for children until age 8;
Limits on attorneys fees in settlement or judgment;
Collateral source benefits may be introduced into evidence in court;
Periodic payments ordered for future damages exceeding $50,000;
Standard guidelines for awarding punitive damages and limitations on the amount awarded;
Prohibitions on instructing a jury about any limitations to damage awards;
Punitive damages may not be awarded against the manufacturer or distributor of a medical product approved by the Food and Drug Administration;
A specific statement that the provisions would preempt all state laws not in conformance with the standards presented
.it goes state by state for PA
HB 2226. Requires medical malpractice insurance providers to record and report loss and expense experience and other data to determine whether rates are fair and appropriate.
I Hope in your situation you can get some action on a federal level I guess check with your attorney or a state attorney or your insurance company maybe there are some lawyers here on this forum that have a better Idea but check the internet I found many website you may be able to contact someone and get some good advice on this matter
Good Luck!
there has been some reform not sure if this could benefit you but why not contact your congressman and your insurance company for help the web site I went to which there are many on this subject
http://www.ncsl.org/standcomm/sclaw/medmaloverview.htm
Despite the extensive state work on medical liability costs, many parties in the medical liability conflict have seen fit to take their complaints to Capitol Hill and have found a receptive audience. Medical liability reform was made a centerpiece of the 2004 Presidential election, as well as many Congressional races.
Congress continues to repeatedly ignored state medical malpractice reform efforts, and the disconnect between federal and state work on medical malpractice issues has become more pronounced in the last two to three years. The 109th (2005-2006) Congress has seen the introduction of many federal bills on medical malpractice tort reform that operate under the premise that the states are not addressing medical liability reform, that focus solely on the litigation angle, and that ignore other relevant issues related to insurance and medical standards of care. Traditional supporters of federalism have turned their backs on their states in favor of intrusive legislation that will nullify the work of their state legislatures executed over the last three years. It will completely eliminate any opportunity for states to continue to craft laws addressing further malpractice issues and formulating responses applicable to specific problems. Federal legislation will also mean that areas of law traditionally regulated by states – torts, evidence and civil procedure – will no longer be under the purview of the states, but rather the federal government.
The proposed federal legislation, introduced in 2005 and continuing in 2006, would dismantle state judicial authority and preempt all existing state laws governing medical malpractice lawsuits with the following:
Limits on noneconomic (pain and suffering) damages at $250,000;
A 3-year statute of limitations to initiate lawsuits, or one year from discovery; statute of limitations for children until age 8;
Limits on attorneys fees in settlement or judgment;
Collateral source benefits may be introduced into evidence in court;
Periodic payments ordered for future damages exceeding $50,000;
Standard guidelines for awarding punitive damages and limitations on the amount awarded;
Prohibitions on instructing a jury about any limitations to damage awards;
Punitive damages may not be awarded against the manufacturer or distributor of a medical product approved by the Food and Drug Administration;
A specific statement that the provisions would preempt all state laws not in conformance with the standards presented
.it goes state by state for PA
HB 2226. Requires medical malpractice insurance providers to record and report loss and expense experience and other data to determine whether rates are fair and appropriate.
I Hope in your situation you can get some action on a federal level I guess check with your attorney or a state attorney or your insurance company maybe there are some lawyers here on this forum that have a better Idea but check the internet I found many website you may be able to contact someone and get some good advice on this matter
Good Luck!
If you were not informed when you SHOULD have been, how are you supposed to know your seven year timer has started? That is nuts!
Mike Simon lives not far from me, never met him tho. Yes it is a mess. Hopefully he will respond to my post.
Denise
Denise
You should talk to JD or MikeSimon, they have a good mind for stuff like this.
A lot of states and crimes have a statute of limitations of 7 years. It is pretty shocking, a lot of Docs and even testing for hep c wasn't developed or widely know till the 90s I think.
I would talk to Mike Simon, just a genral idea.
Good luck Den, what a mess no?
Hugs Deb
A lot of states and crimes have a statute of limitations of 7 years. It is pretty shocking, a lot of Docs and even testing for hep c wasn't developed or widely know till the 90s I think.
I would talk to Mike Simon, just a genral idea.
Good luck Den, what a mess no?
Hugs Deb
wow... he must be out of his mind not to have told you. What an idiot. I don't understand why the 7 year rule. How is one supposed to make sure that one finds out within 7 years, something the doctor has withheld from you. It doesn't make sense!
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