Frustrating, disappointing, even maddening, to navigate the US legal system. Right now we have criminals being told they are “victims.” Actual victims of crime being told the person who committed a crime against them has been released. No bail required despite having several felony warrants against them. Will probably serve no time in jail. Is free to roam the streets where they can harm more people. Even kill someone in a sandwich shop for putting too much mayo on their sandwich. This just happened last night in Atlanta GA. I suppose the DA will tell this young woman’s family the shooter is not dangerous or disturbed, just “misunderstood.” If DA’s don’t want to enforce the law, they should become defense lawyers or not be lawyers at all.
The civil law system is not much better. I am facing the possibility of serious neck surgery with a long recovery because the previous surgery I had five years ago never healed as it should have. Because of significant pain and my own persistence, I found that out one month ago. But during those five years, no x-ray or MRI contained that bit of information. Every time I saw the surgeon, he said the area of the operation showed no problem.
Because I felt the need to waste my time and effort in preparing the necessary information, I consulted a malpractice lawyer. He told me I was not “guaranteed” a good result from my surgery. Hmm. The surgeon never said that. In fact, just the opposite. He said this type operation was highly successful and after one post-op visit, he never saw these patients again.
The lawyer added, the radiology reports were just “opinion.” Huh? Forget medical science? He explained it was possible for another radiologist or surgeon to disagree with any report. Also strange. I didn’t see any disclaimer on any of the reports saying they were only this radiologist’s “opinion”, could be incomplete or contain errors. I didn’t sign any such disclaimer when I had the tests. He continued that I had other medical issues. Maybe if you can’t handle complex cases, you should not have become a lawyer. By way of encouragement, to take the onus off himself, he recommended I get another legal opinion. Who did he have in mind? St. Thomas More?
As if my head wasn’t already splitting, he went on. The doctor who finally found the issue would have to say the other doctors were wrong. This would involve one big health care system going against another on my behalf. Very unlikely to happen. I thought malpractice lawyers had their own medical experts. Silly me.
Then, the true crux of the matter was revealed at last. The lawyer said because of the estimated usual cost, on his part, of $150,000, he could not take any medical practice case unless he was certain to get a one million dollar settlement. Ah, the beginning of wisdom at last. Learning the true roots of all evil—money and lawyers. My “opinion” so I don’t get sued.
I only want to know when will I ever get justice? I could not get a lawyer to represent me on behalf of my son when he was killed. Not likely to be successful. Couldn’t get a medical malpractice case when poor post-op care resulted in a terrible infection in my husband’s hand. He lost three fingers. I was told it could not be pursued because he was diabetic. It would not be possible to prove whether the infection was the result of negligence or his diabetes. Looking like the ball is always in the physician’s or surgeon’s court.
Today, I sit here with my own incomplete surgery, a dead son, and a mutilated dead husband. But no representation or justice for any of it. Three strikes and you’re out. Out of options and bitterly disappointed. Nice talking to you too, Mr. Esq.