would this be considered medical malpractice ?

he_dblhockeystx · Aug 19, 2018

Nothin better than comin to a gambling form for advice on medical malpractice ... I had a workmans comp question back in 2015 and you guys threw me in the right direction so im gonna shoot off with another one.

I went in for gal bladder surgery on march 23rd. I had the surgery on the 24th and was released on the 25th.
I was home for about a week, barely eating, and somehow managed to gain 15-20 lbs. april 1st (easter morning) i could barely breathe, so i went to the er... I found out i had a pulmonary embolism, fluid in my lungs, a blood clot in my heart, and congestive heart failure..

I spent a week in the hospital being treated for everything and they came to the conclusion what caused the heart failure was a virus (viral myocarditis)

I either got sick from/after the gal bladder surgery somehow , or i was previously suffering from the heart failure and blood clots before i went in for the gal bladder surgery and they went through with the surgery anyhow without picking up on any of this.
my heart was pumping at 15%, that can't be any good under anesthesia.

I turn 34 in 2 weeks, my doctor wants to put me on perminant disability because i can't go back to being a union laborer where i was making $40+ an hour. Its either that or im gonna have to find some type of office work or something that isn't stressful or demanding . I worked my balls off to move up the ladder and get to this point in life and that rate and now im fucked.

im not a sue happy kind of person, and im sure as hell not looking to go out on perminant disability for the rest of my life.

People keep telling me to talk to a lawyer about this.. what do you guys think?

newton0038 · Aug 19, 2018

U not insured through the union/employer for long term disability? Should get around 70% of current base salary being on LTD.

he_dblhockeystx · Aug 19, 2018

I’m covered half a year temp disability thru the state , that’s the 70%.. that ends in sept. I have to apply for permanent disability now, from what I understand ssdi it goes by what you’ve made in a lifetime and payed into social security , not what you make a hourly/weekly/year .. I get the Max payout available for temp disability.. permanents gonna be a different ballgame. I’m in New Jersey

he_dblhockeystx · Aug 19, 2018

I get 84 hours credited a month from my union while I’m out to keep up with my benefits at least . I need 1,000 hours a year to keep em

IMISREMEMBER · Aug 19, 2018

Need to prove that hospital gave u viral infection. As a RX jury member they mostly certainly did mfers.

ERockMoney · Aug 19, 2018

daveydips said:
I’m covered half a year temp disability thru the state , that’s the 70%.. that ends in sept. I have to apply for permanent disability now, from what I understand ssdi it goes by what you’ve made in a lifetime and payed into social security , not what you make a hourly/weekly/year .. I get the Max payout available for temp disability.. permanents gonna be a different ballgame. I’m in New Jersey

If you have been working FT the last five years you should have no problems with the needed credits required to receive SSDI. I believe you can earn a benefit of up to $2,788 per month through SSDI based on you recent earnings history. If you’ve been in that 82-86K range for some time you’d probably clear $2,300 month or so. Typically, most unions also have an insured LTD program you would be eligible for and the SSDI would be an offset to this program. With LTD/SS, you do have to watch for them claiming you are fit to do another occupation. They can’t send you to a fast food joint, but if there is something with similar earnings potential, training/education requirements they could deny your claim.

newton0038 · Aug 19, 2018

Im with Procter & Gamble in Canada. Insurance coverage is by Manulife. LTD is 65% of base salary, no tax on that benefit either

halekulani · Aug 20, 2018

that's a provoked pulmonary embolism
that is an inherent risk with the procedure
it's not malpractice. it's pretty much inevitable. you just got the short end of the stick that is life.

ZJP6050 · Aug 21, 2018

halekulani said:
that's a provoked pulmonary embolism
that is an inherent risk with the procedure
it's not malpractice. it's pretty much inevitable. you just got the short end of the stick that is life.

assuming informed consent was given...which i imagine it was.

RunMaker · Aug 21, 2018

Jesus, feel bad for ya pal. Good to see a legit story rather people begging to fund their gofundme.

Sounds like you got a raw deal. I remember that OSU hoops coach had surgery on his whatever and now the guy is a cripple pretty much. Guy probably worth 20 million and all the best money and care and the doctors effed him good.

Aint got no advice for you, but wish you well.

There's a saying that sometimes you can trust whores more than doctors.

he_dblhockeystx · Aug 21, 2018

Ya I figured there was nothing there, that’s what I kept telling people. There’s no way to prove nothing , it was just some unfortunate freak shit that happened. I’ve been living with it for 5 months and I’ve come to terms with it now. I look alright , I just get winded like a mother fucker when I do anything physically demanding which is my livelihood. I go in on my birthday (aug 29th) for another echo.. my heart improved from 15% to 25% my last echo , they said if it’s not up to 35% this time they might have to put a defibrillator in me permanent.

I still got 2 legs and arms, there’s somethin our there for me to do . I got my cdl permit right before all this shit happened, I can always drive instead of cry that life ain’t fair

Willie99 · Aug 21, 2018

I'm not sure a lawsuit would benefit you much, I think you might have to repay worker's compensation with any settlement

I would suggest you contact a MEDICAL MALPRACTICE ATTORNEY, one who specializes in this stuff. The first consultation is usually free and they don't get paid unless you win the case

Betallsports · Aug 22, 2018

ERockMoney said:
If you have been working FT the last five years you should have no problems with the needed credits required to receive SSDI. I believe you can earn a benefit of up to $2,788 per month through SSDI based on you recent earnings history. If you’ve been in that 82-86K range for some time you’d probably clear $2,300 month or so. Typically, most unions also have an insured LTD program you would be eligible for and the SSDI would be an offset to this program. With LTD/SS, you do have to watch for them claiming you are fit to do another occupation. They can’t send you to a fast food joint, but if there is something with similar earnings potential, training/education requirements they could deny your claim.

I think this is the best advice

I will note that when you do apply for LTD, you will be denied at first, then you will apply again and Get it.

Whatever you do, Do NOT take a lump sum settlement ... You're Young, and will probably collect LTD for the rest of your life

also try to find something on the side. turn a hobby into a small business. I believe you will be able to make an extra $15-20K a year without losing your LTD payments.

But Just ask your disability lawyer as he will know much more about what you Can and Can Not do

he_dblhockeystx · Aug 22, 2018

thanks for the input guys... the contractor I labored for contacted me today and offered me a job working in the office and Im taking it. Might be able to mold me into an estimator or something of that nature since i know guardrail work like the back of my hand,

Its non union so i won't get any of the perks but its something for now. Ill just keep paying my dues and keep my book open.
They say My viral cardiomyopathy is reversable in 50% of patients. Hopefully after some time, i fall in that 50%. the other types of heart failure your pretty much fucked

I got 2 more temp disability checks left than my claim is exhausted .. i applied for permanent disability beginning of this month and From what i read it COULD take upwards of 6 months to get a decision back. I aint waiting 6 months with no money just to get denied. It said the court appeals process has a 2 year waiting list.

If im able to work and collect it down the road, more power to me.. If im not able to collect it because i went back to work in an office than so be it.
I feel like a fuckin crumb right now just sitting here at home, i know im not leaching off the system, it just don't sit right with me

thanks guys

he_dblhockeystx · Aug 22, 2018

people can actually can get SSDI and be considered disabled for having social anxiety lol.. i cant imagine how many people must play the system like a fiddle with bullshit like that

Michelangelo · Aug 22, 2018

daveydips said:
thanks for the input guys... the contractor I labored for contacted me today and offered me a job working in the office and Im taking it. Might be able to mold me into an estimator or something of that nature since i know guardrail work like the back of my hand,

Its non union so i won't get any of the perks but its something for now. Ill just keep paying my dues and keep my book open.
They say My viral cardiomyopathy is reversable in 50% of patients. Hopefully after some time, i fall in that 50%. the other types of heart failure your pretty much fucked

I got 2 more temp disability checks left than my claim is exhausted .. i applied for permanent disability beginning of this month and From what i read it COULD take upwards of 6 months to get a decision back. I aint waiting 6 months with no money just to get denied. It said the court appeals process has a 2 year waiting list.

If im able to work and collect it down the road, more power to me.. If im not able to collect it because i went back to work in an office than so be it.
I feel like a fuckin crumb right now just sitting here at home, i know im not leaching off the system, it just don't sit right with me

thanks guys

You sound like a good man, davey.

I'd be taking that office job, too. Sitting at home all day would be hell for me.

Wish you the best.

he_dblhockeystx · Sep 14, 2018

Just passed my stress test with flying colors and my cardiologist is clearing me to go back to work 100%. I cant begin to tell you how scary it is thinking you lost your livelihood. The relief I’m feeling right now i can’t even put into words!
1st thing I’m doing is getting long term disability insurance plan and aflak

Betallsports · Sep 14, 2018

daveydips said:
Just passed my stress test with flying colors and my cardiologist is clearing me to go back to work 100%. I cant begin to tell you how scary it is thinking you lost your livelihood. The relief I’m feeling right now i can’t even put into words!
1st thing I’m doing is getting long term disability insurance plan and aflak

Congrats

kidman232 · Sep 14, 2018

daveydips said:
Just passed my stress test with flying colors and my cardiologist is clearing me to go back to work 100%. I cant begin to tell you how scary it is thinking you lost your livelihood. The relief I’m feeling right now i can’t even put into words!
1st thing I’m doing is getting long term disability insurance plan and aflak

always good to hear great news

metro · Sep 14, 2018

Hey davey great news that your health is good however i wishyou wouldve contacted me about the lawyer i mentioned..

you couldve tested in a way that resulted in you having a solid settlment / lawsuit while still having a positive healthy long term outlook..

you gave back all the groundwork you did and progress you achieved getting to that point , theres no getting that back at this point

would this be considered medical malpractice ?

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