To sue, or not to sue...

[streetsoldier]

That is the question.

As you know, my older brother had a third-stage arrythmia episode that almost cost him his life; now, we discover that one MD prescribed dexedrine without first checking his present Rx for contraindications.

You guessed it...the Rx Cliff was taking for his heart didn't "play well" with dexedrine....AFTER he dropped in the driver's seat of his Dodge Caravan and drove it headlong into a light pole. Now, he's at home, but is unable to play, can't drive, can barely walk...and it may be 6 months before he is able to pursue his profession again (musician).

I'm usually against lawsuits, but I think a case can be made for "negligence contributing" re: Cliff.

What say ye?

[coriolis]

First things first: I hope your brother makes a full recovery and is feeling better soon. I'm glad that he survived the medical "uh oh" and the crash.

Second: I hope that he has appropriate hospitalization coverage, and insurance on the van.

Third: I think that we've all railed against "frivolous" lawsuits, how they drive up the cost of health care, yadda, yadda, yadda. They're not so frivolous when it hits close to home. And many of those "frivolous" plaintiffs have legitimate claims. It's different when the shoe is on YOUR foot (excuse the fractured metaphor).

Since "mistakes were made" and damage was incurred it sounds like there's a case to be made.
It would be neccessary to make a deal with a devil lawyer and sue the Bast***'s.

Should he do it? That's his call. If he's uninsured, then I say yes, definitely. Even if he is insured, he suffered inconvenience, pain and suffering, lost time, and all those other dirty words.

He should be prepared to get about half of the settlement. (greedy lawyers) and wait for months, unless a settlement can be reached out of court.

He may think that he's becoming part of the problem, but IMO this is legitimate.

[Miss Mary]

Bill - check your PM's.....sent you one on this subject.

Mary

[blizzard]

I also hope that he is alright with this mishap. But sometimes we have to ask ourselves, where is our responsibility to let the physician know what medications we are taking, or at least, if another is being prescribed, we should ask about interactions with current presriptions. Granted, the physician should have inquired, but the patient has responsibilities for his/her own health as well.

If he does pursue a law suit, I would hope that it doesn't get as carried away as most, asking for millions of dollars, instead of what was actually lost. Such as lost time form work, vehicle maintenance from the crash, medical expenses due to the crash, etc. That is what drives our insurance costs up.

[Amanzi]

Bill, Sorry to hear about Cliff! I hope he gets better soon and is back to his music ASAP... as for the law stuff, well this lil chicken knows zip about American law, so I will just be quiet about it. Hope it all turns out for the best though

[opera ghost]

I say that there's only so much that can be done- and that is worth it to pursue. Will the money really make it better? Is he suffering from loss of income etc etc that isnt' being covered by insurance? Is he still eating well?

June 24th 2003 a tiny woman named Lisa took a second dose of her tylenol3 to combat the pain in her feet from a degenerative nerve disorder. The next day she had many errands to run so that she could be with her soon to be daughter in law on the 26th for her birthday, bridal portraits, and the wedding rehersal... and she wanted to be able to complete all her errands and not have to take a second dose of T3 *then*and risk being "out of it" the next day. This second dose was approved for "ocassional" use by her doctors. She had never actully taken one before because she'd lost about 40 pounds which made the pain in her feet lessen over the prior few months.

June 25th her 19 year old daughter came in to wake her up for the day of errands and found her in a coma. She was rushed to the hospital where her stomach was pumped and the doctors tried to figgure out why the overdose had proven so destructive. They stabalized her.

June 26th, her soon to be daughter in law had her birthday, and her bridal portraits, and her wedding rehersal without her- Lisa was still in the hospital, but looking up- the doctors said she was looking up enough to probably make it to the wedding in 9 days... and that no one should come visit her while she was resting- but awake- except her next of kin.

June 27th at 5 in the morning calls were sent across a network of family and that same soon-to-be daughter in law was the one to tell her fiancee to wake up and throw on his clothes- that his mother had taken a turn for the worse. A serious turn for the worse.

At 8pm June 27th, 2003 the world lost a happy, loving woman. 2 children, 19 and 23- lost thier mother. and I lost the woman who would have been my mother in law... if only she'd lived another 8 days.

All because some total dimwit doctor told her- lose 20 pounds to help the pain in your feet (She was 5'7 and weighed 100 pounds at her death- she lost 40) and didn't take into account the moderate liver damange he already had in her file when telling her she could take a second dose of tylenol3. The combination of the weight loss he'd encouraged- and approved of 3 weeks before her death, and the liver damage that she'd already suffered from (well documented since the early 90's) combined to make the second dose of tylenol lethal.

Oops. Sorry ma'am... You didn't need a mother-in-law after all. We have a firm and sturdy case for a lawsuit- the doctor approved/perscribed a lethal dose knowing her limitations (liver damage) and she died. Dead is dead is dead.

But we really thought about it, and considered it and decided against suing- even though she had no insurance and her bills were coming due. We investigated the matter and her estate couldn't have paid the 50,000$ in bills that were due- and we weren't likey to ever see a penny of any lawsuit- it would only go to the doctors bills. It woudln't go to taking care of her 19 year old daughter- now at the mercy of her family (and well taken care of) It would only complicate our lives with legal fees we can't afford and the pain of dealing with Lisa's death in a courtroom.

It was worth every penny we could have gotten from the lawsuit to be able to let it go- to learn to come to peace with mistakes... and to mourn privatly- and let her go.

there's a difference though- when you're still alive and dealing with the monetary repercussions of hospital stays- it all depends on whether his insurance will cover it (Lisa had no insurance) and whether his quality of life is severly degraded.

The pain and suffering? why put yourself through the pain, suffering, and expense of going to court? Lost wages- lost home, lost vehical... that's better reason to sue than the pain and suffering.

And of course standing in front of the doctor in question and screaming profanities at thier stupid, negligent, cowardly selves (the doctor tried to have her death ruled a willful suicide)- while throwing flowers from vases and screaming that they've ruined your life- your wedding, and everything that was bright and beautiful in the world...

Helps the emotional side of it all If you don't... er... get thrown out of the hospital by security.

[Stephanie]

Great comments by all so far, especially Ed's and Opera's.

I don't think that this would be considered "frivolous". Did the doctor also prescribe the other meds that Cliff was on that interacted negatively with the dexedrine? If so - 'sic him!

I'm also surpised that the pharmacy didn't catch this, unless he had both filled at different pharmacies.

Opera's right, it won't make things better, but it sends a message to that doctor that you just screwed someone's life up.

[streetsoldier]

Most musicians are "self-employed", which doesn't grant them access to decent health care...unless they want to spend most of their income. He did have plenty of insurance on the Caravan, though.

The Musician's Union isn't any help here, either; but try getting a "gig" without their blessing!

I am uncertain whether the MD was the same, or different; I'd have to check on that, but I DO know the heart Rx came from a specialist. And, being a musician, Cliff has to keep detailed records for his IRS filings....so I'm sure he has all the "dirt". Being "self-employed" has its perks...and disadvantages.

He does have a heavy loss of income to look forward to....and the loss of vision in his right eye is one of several injuries he has to deal with now.

I will pass the collective wisdom of the Storm2K denizens on to him, with your permission...OK? And a BIG "ty" to Miss Mary for the PM!

[Pburgh]

Dexedrine is a strong amphetamine used today for narcolepsy and and ADD. Some (diet) doctors will prescribe this for weight control. I doubt that the same doctor prescribed his heart medication and also prescribed an amphetamine. Most pharmacies today would have also noted the contraindication of taking the two drugs together. He should have also received a printout from the pharmacy stating that this drug should never be taken if a heart condition is present.

I certainly hope he has a good and full recovery.
Prayers going out his way
Karan

[Stephanie]

Most musicians are "self-employed", which doesn't grant them access to decent health care...unless they want to spend most of their income. He did have plenty of insurance on the Caravan, though.

The Musician's Union isn't any help here, either; but try getting a "gig" without their blessing!

I am uncertain whether the MD was the same, or different; I'd have to check on that, but I DO know the heart Rx came from a specialist. And, being a musician, Cliff has to keep detailed records for his IRS filings....so I'm sure he has all the "dirt". Being "self-employed" has its perks...and disadvantages.

He does have a heavy loss of income to look forward to....and the loss of vision in his right eye is one of several injuries he has to deal with now.

I will pass the collective wisdom of the Storm2K denizens on to him, with your permission...OK? And a BIG "ty" to Miss Mary for the PM!

By all means! I hope that whatever we've provided will be of use. The specialist should've asked him what prescriptions he was currently using. That's pretty routine.

I'll keep him in my prayers!

[azskyman]

Another case in point to consider...and some great food for thought by all of you!

My father in law lost his leg in a rock crusher. A stupid mistake more than 20 years ago changed his life forever.

He was simply trying to kick away a large rock that had jammed in the belt. 30 seconds later, he was cutting his own leg off with a buck knife to keep him from running through the machine.

It was about safety...protection by the manufacturer...training on how to manage the machine. All of those things.

Lost livelihood. Changing life pattern. A place from which he could not then go back.

A 30-month litigation followed the accident. He was battling the mountains of Colorado with one leg. He was battling the demons saying..."the legal system is as painful as the loss."

In the end, he settled out of court..under the radar.

The settlement was, as stated previously, mostly to the benefit of lawyers. Poor markets over the years found the money dwindling.

Litigation serves good purpose sometimes. Your brother may have sound reason for at least looking at that option. But it will be a burden for months on end...one that doesn't feel like anyone wins in the end...but one that may be of help if full recovery does not come.

More food for thought.