SEEKING SAMPLE CIVIL COMPLAINTS FOR PERSONAL INJURIES- SPECIFICALLY
SAMPLE MALPRACTICE COMPLAINTS ABOUT NEGLIGENCE SURGICAL
APPENDECTOMIES, OR MASSIVE PERITONEAL INFECTIONS.
I need to find sources for samples, or templates of civil law suits.
More particularly, I need a sample medical malpractice action.
Specifically, I need a sample or template of a legal action concerning
a botched appendectomy and the very serious medical mistake of failing
to drain resulting massive peritoneal abcesses that developed as the
result of the botched appendectomy. The abcesses should have been
drained, but were allowed to grow dangerously out of control. The
infection caused a desease that caused a disease of the conecting
skelatal muscle tissue - which thereafter caused a ventral hernia -
which was surgically corrected. The same infection caused a sudden,
painful hydrocele which caused my left testical to become permanently
deformed at 15 inches around. This hydrocele requires corrective
surgery still. Because of the extremely seasonal nature of my service
business, this mistake cost me over 200 thousand gross income, -- and
70 thousand net income. My season is about to start again - and I will
"hire" attorneys to present the case. At this time, however, I must
initiate the initial NOTICE OF INTENT TO BRING ACTION myself. I need
sources that provide appropriate legal phrases or medical terminology
that will assist me in the creation of the requisite document. I
prefer working WITH lawyers in the creation of necessary documents.
Even if I had retained an attorney already, I would still ask for
SAMPLE TEMPLATES, OR APPLICABLE SOURCES OF PERSONAL INJURY OR MEDICAL
MALPRACTICE CIVIL COMPLAINTS. I GREATLY APPRECIATE ANY HELP IN THIS
REGARD. |
Request for Question Clarification by
expertlaw-ga
on
11 Jul 2005 21:28 PDT
Given that malpractice laws and notice requirements vary by state, it
would be helpful if you specify the state for which the documents are
desired.
|
Clarification of Question by
peacenick-ga
on
12 Jul 2005 01:31 PDT
The original appendectomy occurred in early July 2004 - CALIFORNIA.
Surgeon was inexperienced. (e.g. He attempted to PHONE IN Fentanyl,
demonstrating that it was the FIRST TIME he had EVER prescribed a
Schedule II Narcotic. -- And this - to a patient who EMPHATICALLY
INFORMED THE HOSPITAL-PHYSICAN patient was 14 years clean and sober -
and had been diagnosed with infectious endocarditis 15 years ago.
Patient informed care givers that he was not to so much as get his
teeth cleaned without pre-procedural antibiotics. Physican ignored
both cautions, AND ignored the original CAT Scan advisement that
infection of the entire area could not be ruled out. Physisian SAW the
surrounding area: "red, inflamed and 'pissed off'. With FOUR
INDICATORS to proceed with caution, patient was denied scheduled IV
antibiotics, and was NEVER given a CBC to determine if he was sick.
The fact was that the patient was VERY ill - and returned several days
later IN 2ND STAGE PERITONEAL INFECTION - TWO LOCALIZED ABCESSES
CLEALY VISIBLE. Patient was prescribed Flagyl tablets, 2 x 250 Mg -
strongly protesting that he was ill. On three occassions the phycian
denied he was ill, and put him ON - then OFF - then ON then OFF I.V
antibiotics in an attempt to prove patient was not ill. When patient's
condition severely worsened - a staff infectious disease M.D. was
consulted at least TWO WEEKS after initial presentation. There was
furious fighting by the M.D.'s - Infectious disease M.D. insisted that
compared to the necessity of drainage NO ANTIBIOTICS were required at
all. Only one abcess was drained, because the other was concealed. At
that point the bacteria had become RESISTANT to even I.V. antibiotics
- and ONE MONTH LATER RABDOMYLIOSIS TISSUE DISEASE CAUSED BY INFECTION
RUPTURED SKELATAL TISSUE IN TWO LOCATIONS - sudden onset ventral
hernia, and deformative hydrocele. THE DRAMATIC RUPTURES, AND THE
CONTINUED INFECTION called for ADDITIONAL I.V antibiotics - THUS
CURATIVE TREATMENT DID NOT BEGING FOR OVER ONE MONTH FROM INITIAL
PRESENTATION. Six weeks of fever, extreme pain and re-indtroduction to
narcotics, (patient recovered), was caused by 1) the initial failure
to apprecieate the history of septic staphococous in this patient and
vulnerability to infection, and 2) the failure to immediately drain
two large infectious abcesses immediately upon presentation. The
damages were severe - the nurses said they had NEVER seen such a case,
and the hospital knew that it had been negligent. The concealment of
the second abcess was the result of a conspiracy to refuse to permit
patient to view medical charts. 7 weeks later on follow up visit,
patient was asked to circle, and initial a new CA HIPA law by which
patient abrogates right to bring action based upon reciept of medical
records. I have the SAME laws from several different hospitals - this
new HIPA law is provacative. Patient did not need to ask for records,
STANDARD MEDICAL CARE WAS ESTABLISHED 2.5 WEEKS LATE - BY IN HOSPITAL
INFECTIOUS DISEASE M.D. The physical damages were severe - requiring
one repairative operation, and still another is required due to
engorged testical - which engorgement was the SINGLE FACTOR which
itiated the final significant INCREASE in I.V. antibiotic treatment -
using the specific antogonist for cultured bacteriodes fragelis - a
common bacteria resulting from perforated appendices.
|
Request for Question Clarification by
hagan-ga
on
14 Jul 2005 10:49 PDT
Peacenick, I need a little more clarification about what you're
asking. I'm familiar with both the Notice of Intent you mention, and
the general outline and necessary allegations of a complaint for
medical malpractice. But I don't hold out much hope for finding
on-line templates of those documents.
California has "form" complaints available. These are drafted by the
Judicial Council of California, and are acceptable in all Superior
Courts. But there is no Judicial Council form for your CCP 364 Notice
of Intent to Commence Action.
I can find links to the Judicial Council Forms; or I can draft you a
template myself. Would either of those (or both) be satisfactory?
|
Clarification of Question by
peacenick-ga
on
15 Jul 2005 14:15 PDT
Thankyou for the offer of a complaint form. I might take you up on that one later.
The fact is that THOUSANDS of Malpractice actions have been filed over
the years. There do exist data bases that have the WHOLE CASE ON FILE.
Thus, one can review how an attorney worded a specific complaint. What
I want is the actual historical complaint as it was drafted and
submitted to the court. Preferably, I would like to see a legal
complaint against a hospital or physician drafted by an attorney
concerning complications related to a botched appendectomy, or a
complaint alleging negligence in the medical handling of a peritoneal
infection. I don't need the actual form -- I want to see a malpractice
complaint as it was filed in the court. If I knew the specific name of
someone who had sued -- I could find the complaint on file in the
clerks office -- THAT IS WHAT I WANT -- THAT SUPPLIES PHRASES AND
TERMS CONCERNING APPENDICITIS AND PERITONEAL INFECTIONS. I WILL PAY
YOU TWO HUNDRED - OR MORE - TO FIND SUCH A COMPLAINT THAT PREVAILED IN
COURT.
|
