If you are considering a medical negligence claim and you are thinking of contacting Been Let Down to discuss your claim, we would first arrange a consultation over the telephone; this initial call is free, and there is no obligation to proceed. During this phase of the claims process, we will take the time to listen to the details of your claim in detail.
Medical negligence and medical malpractice are two terms that are often used for the same event. They describe a situation in which a physician, nurse, or hospital failed to treat a patient at a reasonable standard expected from a medical professional under those conditions. In addition, that improper care must have caused some injury to the patient, which then must have caused some damages to the patient, as well.
Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
At my GP surgery I’m pretty sure half the battle is wether the receptionist thinks your exaggerating ! A few months back I caught flu from my daughter, after a week the fever, headache and severe cough hadn’t subsided. I have asthma so knew it was a good idea to call to be sure I didn’t have a chest infection. I managed to be granted a telephone consultation with the nurse who oodly prescribed a nose spray thinking the head pain was actually my sinus’s (never had sinus issues) a week on no change but the cough was horrific with all sorts coming up. Called again got a telephone consultation with GP, he prescribed a low dose of antibiotic an said it’s most likely viral. 1 week on after feeling slight relief I started feeling extreemly wheezy with not much change to the cough. The 2nd day I called I demanded to see someone as I couldn’t see how my chest could be Assesed over the phone. Then I got an appointment with the nurse at the minor ailments clinic(minor difficulty breathing) I was straight away placed on a nebulizer, my sats were low and nurse said I had pneumonia. A month later still not feeling quite right my asthma meds were increased. 1 month on again another course of steroids and then they agreed I probably should have an xray. 5 hrs late they call saying I need a ct scan but will have to be in a waiting list. All this caused me severe anxiety and when I saw a dr and broke down he literally made me feel a complete waste of time. Since I’ve felt awful but am too embarrassed to go back so have to hope this is all just anxiety. As soon as my referals through I’ll be leaving that surgery as I have zero confidence in them
A four-year statute of repose applies to claims arising out of acts or omissions on or after April 11, 2003. A claim must be brought within four years of the act or omission, except that a claimant has one full year from discovery, even if this exceeds four years, for claims discovered after three years or claims based on a foreign object left in the body only. Ohio Rev. Code Ann. § 2305.113
A personal example - I had a physician try to talk me in to ECT several years ago. I explained that I didn't want to do it, because I didn't want to accept the risks of permanent memory loss. He denied those risks at first. He told me it was cooked up by the scientologists and anti-psychiatry folks and assumed my resistance was due to having seen the movie One Flew Over a Cuckoos Nest (which I had not seen, by the way). I finally got him to concede it was a risk, a risk I wasn't willing to take. I don't care how small the risk is or if the physician thinks it's worth it. They better tell me the truth. He wasn't the one having the procedure and accepting those risks. I was. As long as I am legally competent, the decision is mine. I have real issues about trying to coerce someone into signing an informed consent document by lying. That's unethical. I continue to be glad I didn't do it. It's a very individual decision.
Back surgery remains a highly controversial area of surgical medicine and the ambiguity of the outcomes supports why some surgeons are extremely conservative in identifying good surgical candidates. The first surgeon did not find you to be a good surgical candidate, the second one did. "proving" that surgeon #1 lied to you may assuage your outrage, but does nothing to further your case or your health and it's likely to fail in court. So my opinion, move on. Best of luck.