This week on episode 33 of Black Law and Legal Lies, in response to Dan’s video about how he and Becky lost their son, we cover medical malpractice. In 2016 Becky gave birth to their son, Chance, prematurely after receiving inadequate care while she was hospitalized. The hospital and its staff failed Becky and Dan miserably by making no effort to save the child, or treat the woman.
1. What is medical malpractice, and how does it differ from negligence?
2. What is the process for filing a malpractice claim? Specifically in Louisiana.
3. Does it differ much in other states?
4. What do you have to prove in order to be successful in a suit?
Trying to determine if the hospital contribute to the loss of Becky and Dan’s son:
1. Since Ann was there for majority of the situation, she shares her initial thoughts based off of what she saw at the hospital.
2. Did you see a valid case?
3. If yes, what did you personally see that would have sufficed?
4. The first lawyer Dan and Becky spoke to was extremely interested in the case and when they gave him the details, he was certain that he could convince a jury in Orleans Parish that the hospital/doctors were guilty of medical malpractice. After a few conversations he stopped returning phone calls and emails. Ann speculates why.
5. The second lawyer was also a former RN who wasn’t as enthusiastic about the case but said based on the facts alone she could see a medical malpractice case. She said the hurdle would be getting another doctor to be willing to say that the outcome could have been different had the hospital treated Becky upon arrival. Becky attempted to get the specialist who ordered the treatment to verbally confirm that, but she wouldn’t. After that the second attorney wasn’t interested.
6. Why couldn’t Dan and Becky just present the facts and let a judge/jury decide?
7. Would there have been another way besides recording a doctor saying this?
8. The medical records were 80% fabricated. Neither attorney was really interested in the fabricated medical records. Becky and Dan even have recordings of Becky’s doctor saying as much. Ann explains why she thinks this was.
9. Are there any penalties for fabricating entries on medical records?
10. What else could Becky and Dan have done to see that the doctors and hospital were penalized for their part in the failure to treat Becky and fabricating her medical records?
1. What would you advise people to do if they’re attempting to file a malpractice suit?
2. How can patients protect themselves from poor medical treatment/care?
3. Why is it so hard to prove malpractice?
4. What would one need to be able to prove professional negligence? Is the bar lower?
Ask an Attorney.
Leah in VA.
My neighbor had the exterior of their house painted by an unlicensed contractor. There was a lot of overspray, most of which blew onto my property. I have small specks of paint on 2 of my vehicles, in my garden, and on my porch. My neighbor is refusing to pay for the damage and is passing the blame on to their painter. The painter is unlicensed and has no insurance but he offered to come over and “clean” my property, I declined. I would like a professional cleaning service to remove the paint from my vehicles, porch and my garden. I don’t have a full name of the painter and my neighbor just knows him as Ramone. Who would I sue in this case? My neighbor, or Ramone? Thanks!