I went to see a new
client this week. Nothing new there but in 30 years I have rarely left a meeting feeling more angry
and upset.
Eventually she
developed severe pain and was finally referred to her local hospital. She
was told that she had probably had kidney stones which had she had passed as
there was nothing to see. She was sent home only to be back in hospital a week
or so later with symptoms that were far worse. She had been bleeding
consistently throughout this time. This time she underwent full tests including
biopsies and was found to have a primary tumour of the cervix and secondary tumours in
her bladder and lymph nodes. She was told that it was too late for any
effective surgery but could have made a full recovery if she had been treated
months earlier. She now has just a matter of weeks to live and will leave
behind a husband and young children.
Her life has been
ruined by an illness that could have been treated but for a series of blunders
by the different doctors who saw her. I had to tell her that her case was very likely
to win. But this is, of course, meaningless. She will never see the result. Her
young family would rather have their mother than a good case. That was why I felt
so angry.
Don’t tell me that
this victim is part of any compensation culture.
Don’t tell me that
her and her family should not take action because it might be a drain on the
health budget.
Don’t tell me they
don’t merit the full support of the state in pursuing this case with state funds –
after April that right will be removed from her family.
Don’t tell me that
this all about lawyers wanting to protect their own interests.
They are victims,
full stop. They are not alone. Actions taken by politicians to make it more difficult
for them to obtain justice are shameful.
Steve, thanks for great post. You're absolutely right. Critics of our civil justice system all too often focus on the insurance companies and big corporations and fail to look at the injured victim.
ReplyDeleteIf more people looked at the injured victim and how their injuries affect them in their daily life and their families, I doubt we would hear much of tort reform, if ever.
Great post. Thanks for expressing so well what so many of us that fight this battle on a daily basis feel. It is sad that big insurance companies have spend an untold fortune making lawyers and the victims they represent look like the bad guys in these cases.
ReplyDeleteFortunately, we have avoided tort reform here in Arizona (so far). I agree with Gerry that if people looked at the storis behind the lawsuits fewer people would support tort reform.
Agree with both. It is when these so called reforms hit real people that the message comes home. Thanks for your comments.
ReplyDeleteThis is the type of post that is worth sharing to open up the minds of the people regarding the different systems that exist in the country. That was too bad for that victim, and I think she’s not the only person suffering from this situation. I believe that we should actually be of help to them, even though we are just common people, just to help the young fellows that will be left out in time.
ReplyDeleteMaggie Malone
Despite the terrible Stafford hospital case and apparently thousands of cases of the type you comment on above the NHS still just close ranks and force victims through lengthy court cases or just to give up, it is scandalous and the transparency we were promised doesn't exist. The difficulty for me is these type of cases get confused with the whiplash and industrial hearing type claims that really are in need of serious reform, but we have a one size fits all justice system.
ReplyDeleteI have found this article so informative. It was a great post talking to the different systems that exist in the country. I am sure, that if many people could have read this, they will surely be aware regarding to this matter. By the way, my wrongful death lawyer phoenix says, thank you for sharing this!
ReplyDeleteA lawyer will have to make a lot of decisions and his clients rely on him to make good ones. In order to make good decisions a lawyer has to have good judgment.
ReplyDeleteHi. I'm looking for a no-win-no-fee agreement with a lawyer but don't know where to start. It is commercial with some very personal aspects. I'm behind with my mortgage payments (because of this) so don't think I can really afford a good lawyer. The CASE IS WON in the sense that the statement made and the following action by the Planning Department, that caused the damage, has been changed to CONFIRM OUR POSITION. So far, the best we can elicit from them in our struggle to discuss compensation is, "We are looking into it." Our ACTUAL financial losses and costs amount to over £45,000. My personal losses are significant.
ReplyDeleteWHERE SHOULD I TURN:
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I know it's not a comment, but I'm reading some things that try to put off no-win no-fee agreements.
I can't completely agree with you Gerry. Many of the litigation teams fail to look at the injured victim but not everyone are the same. There are trusted and experienced litigation lawyers out there which can help you in this. All you have to do is research and find the best among them.
ReplyDeleteReparations are totally meaningless when it's tax payer's money and especially without punishment of the perpetraitors.
ReplyDeleteanother horrendous story on long list of them.
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Changing it according to the system's use, and then producing an outcome are referred to as technology systems or technological systems.
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ReplyDeleteYeah, I found a good number of reasons of being angry and that's happened to you. Feel deep sad for the suffering of Sharon. I can not imagine how a doctor prescribe such kind of patient without test! I think she is really deserve the state law and fund support. By the way, basically I was on hunt to find out real estate attorneys for our real estate issues. But indeed the case story you stated here was completely a new experience to me. Thank for sharing with us.
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