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Hospital risk management groups- should I even bother?

Miami, FL |

Had an adverse reaction to care received at hospital. Contacted risk management, arranged a meeting. Instead of voicing my complaint which I thought was the purpose of the meeting, I listened to a so-called "independent" doctor hired by risk management (but employed by the hospital) criticize me for the majority of the meeting for contacting my doctors following my adverse reaction asking for help, asking if they looked at all possibilities, he said that I was "harassing the doctors" that the "doctors felt they were under duress and that it was impacting their ability to doctor." They weren't even phone conversations- just email not even by phone (so they could easily just not click on my email if they so desired). So let me get this straight: they injured ME and the doctors a(continued)

re saying they are the victims because of my desire to know "what's going on." Risk management did however say that I could take legal action if I wanted to, but if this meeting is a taste of how convoluted, twisted, and distorted the hospital's take on my care is, then formal legal action will be an exercise in futility-is this how it is? Even more disturbing is the fact that risk management had seemed sympathetic over thephone in the beginning, but as my symptoms continued to not get better, 4 months later- they were outright hostile and reversing with open guileless eyes many of the admissions they made just 4 months before.

Attorney Answers 4


  1. Best answer

    To a hammer everything looks like nail. To a "risk management" department, every complaint is a potential lawsuit.

    What you experienced is the initial reaction to the possibility of a lawsuit. What were you expecting? Candor? Collaborative discussion? Searching self-criticism? Those would require statements that could be used in a lawsuit as potential admissions. No one is going to give a "deposition" until they have to.

    You need to get a lawyer. The hospital already did.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. In Flroida it is best that you obtain all of your medical records and meet an attorney who handles medical malpractice cases. That attorney will need to provide those revords to an expert who can assist in determining whether a medical malpractice case exists. I would suggest you see an Attorney, most will give you a free consultation.


  3. This is how many medical malpractice cases re defended, by attacking you- the victim. Given your unhappy experience you could also file a complaint with your state licensing agency for doctors.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. I know an excellent medical malpractice firm in Palm Beach. Contact me via email through my Avvo profile (not by phone, as I will be unavailable by phone) and I can refer you. I don't know if Miami is too far for them, but if it is they can certainly direct you to someone reputable down there.

    The author is a Maryland attorney; however no answer given on Avvo is intended as legal advice or intended to create an attorney-client relationship. Dan's expertise lies in the electronic entertainment (video game) industry, as well as complex internet law issues, electronic free speech, entertainment law, copyright and trademark law, and computer fraud. He primarily represents game developers and founders of emergent internet technologies.

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