Malpractice or Discrimination
Step...@gmail.com
the operation we had scheduled for 6 weeks.
He said F'up people like me will intentional self inflict damage to
the new hip and sue him.
He made me get clearance from Psychchitrist, Primamry care Doc, Pain
Managment, and Pre Surgery phsical. I gave the OK. But Surgeon
claimed the Psych I had seen for sleep problems said I was a BIG
RISK...The Psych will vouvh he said nothing even close.
I am in severe pain, cannot work until its replaced and its causing
more damage to my back.I am having a hard time getting a new Surgeon
because they all think something is wrong with ME becasue of this fat
arrogant little scumbag and I am having a hard time getting help.
This Doc entered into an agreement, placed demands on me that I met
and had weeks to decide not to operate..not 4 days before. He also
said he would not operate I F'up(someone who has seen a
Psychiatrist). Can't I sue this pig for Discrimination or
Malpractice
Robert Bonomi
Yes, you _can_ sue. That is *ALWAYS* a possible course of action available
to you.
Based on the 'facts' you describe, you will either have to pay your lawyer
up front for his/her time -- and for all the related expenses -- or you will
have to "do it yourself".
Note that, based *solely* on the information you provided above, I regard
the probability of you prevailing in such a suit to be approximately zero
(to at least 5 significant figures).
"Discrimination", in and of itself, it not a proscribed activity -- it is
actionable *only* when it occurs _because_ of a person's membership in a
'protected' group. You have given no indication that you are a member of
such a group, and you have made no claim that the 'discrimination' occurred
_because_ of your membership in that group. Even if you _are_ a member of
such a protected group, discrimination against _you_, personally, for reasons
*not* related to that group membership is _not_ actionable.
Alleging "malpractice" -- for a refusal to perform an 'elective' procedure --
has almost insurmountable barriers to overcome. By definition, the physician
does _not_ have a 'duty' to initiate the procedure. Making it *very*
difficult to argue a 'breach of duty'. This puts the matter in the realm of
'professional judgement'. To show malpractice in -that- context, you have
to establish that -- based on the facts -- that it is "NOT REASONABLE" for
a competent professional to make the decision that the party you are suing
made. It is -not- sufficient to show that someone 'might' come to a differing
conclusion, you have to show that *no*one* would 'reasonably' make the actual
decision that was made.
The _fact_ -- which you, yourself, acknowledge to be a "true fact" -- that
_other_ competent professionals (not just one, but _MORE_THAN_ONE_) are also
'declining to perform' the procedure you desire, establishes that the decision
_not_ to act *is* one that someone -can- reasonably conclude from the 'medical
facts' of your situation. This would make it virtually *impossible* to prevail
on a 'malpractice' claim.
Given that you don't agree with the above analysis, you must admit that it
shows that 'they' own the system, and that you can't get anywhere fighting
it. To get what you want, you're going to have to 'game the system', and
beat them -- while playing by _their_ rules. This means doing whatever is
necessary to eliminate that 'perception' of potentially "self-destructive
behavior" that would result in after-surgery complications. Remember: "if
you can fake sincerity, you've got it made."
You need to decide which is more important to you -- getting the surgery,
or 'proving them wrong'.
make your decision, and act accordingly.
One last comment (stealing from an 'Indiana Jones' movie):
"Choose wisely."
Dick Adams
> An Orthopedic Surgeon backed out of a Hip Replacement 4 days before
> the operation we had scheduled for 6 weeks.
>
> He said F'up people like me will intentional self inflict damage to
> the new hip and sue him.
>
> ......
>
> Can't I sue this pig for Discrimination or Malpractice
This is your second post. While the spelling and grammar have
vastly improved, the situation is unchaged.
You can sue anyone for anything. But the probability of
success is not in your favor.
Repeating myself from the last time I responded to you:
Talk to your shrink and have him talk to other surgeons
for you.
Dick
grendal
Can't I sue this pig for Discrimination or
> Malpractice
Changing your posting name doesn't help...
Your posts indicate that either you're abusing a substance when you
post, or that you are barely literate.
(I can bring up the list of posts if you'd like....)
Again, the doctor has the right to refuse to perform any and all
elective operations.
It seems that you don't like the answers that you have been given and
to some respect, you've said different things in your post.
In the initial post here, you've indicated that the surgeon called you
a "f'cking retard". Yet in misc.lawyers you left that out.
As Robert correctly stated in his post to you, you're not a member of
a protected class. You haven't provided any proof that you are a
member.
Also, since no surgery has occured, no malpractice.
Based on your posts I would suggest that you enter a substance abuse
program.
But what do I know? IANAL nor have I ever abused any substance. But
that doesn't mean that the signs are all there.