top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Malpratice Lawsuit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    It is most definitely scarey when it's happening, and we got a double dose of it.

    Allergies, even tho they weren't diagnosed at the time, landing our son in the hospital a couple times with pneumonia. At the same time we're doing all the testing for daughter who collapses in the middle of the floor or falls down stairs. Allergies and siezures can be life threatening as well.

    And we were scared. Boy were we scared.

    Finally our doctor referred us to an allergist for son and a neurologist for daughter. Son was a trooper thru the whole thing. So was daughter. In many ways, the kids handled it better than we did.

    Daughter was about 2 when she had an MRI with contrast. We did wake and sleep EEG's. Regular blood draws to monitor medication levels. She'd have fits and tear her own hair out. One of the nurses commented once that daughter looked like a little chemo patient.

    Son was sick sick sick. Constantly. Stays in the hospital because he couldn't breathe. Pnemonia because his lungs were flooded and infections set up. The allergy induced asthma attacks. Bad attacks where he literally could not seem to get his breathe. Being sent to an allergist with all the pin pricks for testing and the years of shots was a blessing for him. The doctor said when we started that only about 50% of all patients respond to the allergy shots. We got lucky. Son did. But, for a long time, our house stayed closed up, year round. Electronic air cleaner and whole house humidifier installed for him to maintain clean air and constant humidity.

    While it's not peanuts, and I know from our friend how bad they can be, we still went our rounds with atypical childhood traumas.

    We just didn't let the conditions control us more than we had to. We went on vacations just the same. Except there were doctors lined up in the towns we would be near just in case. Carried our meds with us. Found doctors or clinics that would give the shots or the meds as needed.

    I didn't mean to say your situation wasn't serious. It is. And I completely understand your concern. But I would trade those times, back when I could control who held my child's best interest in the palm of their hands, for now easily. Today, they're teens. They know who sells drugs. They know who drinks. They know who's having sex with who. And I can't control the situations they find themselves in any more.

    I hope we've raised them right. That if the situation arises, they know instead of getting in that car, or doing what ever, they'll call Mom and Dad to come get them. I hope we get that call, and not one from the Police. That one is locked up, or worse. Found in a car that flew into a ditch going at a high rate of speed, before it hit something and killed everyone in the car. Or that the car they were in was hit by someone else under the influence. I can't keep them home all their lives. They have to go out and embrace the world and all it has to offer. The bad along with the good.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #17
      We were evaluating the potential to file a medical malpractice suit at the time of our 231, and we told the trustee of that potential, non-filed opportunity. He said, "then I'm going to keep this open until you advise me in writing that you either will or will not move ahead with that."

      My attorney said that if a suit was filed, the trustee could claim the proceeds to pay off the estate first, leaving us with the rest. Bummer! However, I agree with the others here who advise seeking legal counsel regarding the trust. Great and good idea, but depending on the size of your bk estate and the potential lawsuit amount, the trustee may decide to leave what's left to your son's trust.

      Comment


        #18
        Just a thought. I wonder if you were filing suit on behalf of your son if it would make any difference. (as opposed to you filing the suit) (not even sure you can do that in this type of situation) Since your son is not declaring bankruptcy and it would be his suit, I wonder if or how that might effect things.

        Comment


          #19
          The trustee can only hold your case open SO LONG before the judge will demand a hearing wanting to know why the case has not been closed......
          You do not HAVE to sign ANYTHING stating that you will not sue just to pacify the Trustee..... especially if you are filing on behalf of your son and all proceeds would go into a trust fund for him.
          Find you a good mal-practice attorney that is also familiar with bankruptcy laws or has access to another trustee that he can converse with on your case.
          There is no reason for a Trustee to keep you case open indefinetely waiting for you to file suit.

          I, too have a mal-practice and negligent suit, that the trustee is trying to keep my case open to get. I'm fixing to file a petition with the court to have my case closed, and believe me I won't sign anything for the Trustee......
          SORRY ABOUT HIS LUCK............

          Let me know what you do....
          Minny

          "It's amazing the paths that our feet sometimes follow in life".

          My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

          Comment

          bottom Ad Widget

          Collapse
          Working...
          X