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Old 02-24-2019, 05:42 PM   #1
BAD LUCK
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Default VETERINARY DOCTOR - V - MED.DOCTOR

Ok, i developed a med. condition as bazar as the title, a substance of some kind is excreting out of the pours of my skin, you can feel it but it is translucent as hell, doctor says "if you can't see it..it's not real" he then calls this a "simulation" , i am having "delusions" caused by my p.t.s.d sustained clear back in Dec.27/09 he refuses to even examine me or let me prove it is real,i requested my doc.to send a swab(un-invasive lab sample) in to see what comes back ,he refuses time after time after time. as time goes by the condition progresses and i,m basically a cocoon from my head to my toes, in the mean time , this substance has gotten out of hand and all over my house ,cars ,clothes and my bazard "macaw". So i get this idea , i take my bird to my Avian vet, i explain the deal to her , she feels his feathers and got some on her fingers, she agrees to send a sample from the stuff on my bird(legalities), the lab sends back a result, the sample was speciated to my B&G MACAW" and it came up with a substance of unknown origin and not of any known Avian or animal nature but unique to humans along with one rogue organism they could not speciate !!!.please understand this is the shorter version, any other avenue's to get help were exhausted.here are my question(s) because doctor refused to perform and i had to take extreme measures and proved there is substance excreting from my body !!!

1-CAN I SUE MY DOCTOR IN CIVIL COURT FOR OUT OF POCKET EXPENSES i.e..VET & LAB COST'S (was not cheap)
2-CAN I SUE FOR ALL DAMAGES INCURRED i.e..my car /clothes/misc. because this substance has many lairs to it and spreads all over and impossible to clean it or get rid of it as i still have the med.problem to date
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Old 02-24-2019, 07:29 PM   #2
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Obviously you CAN sue. Anybody can sue anybody for anything. You just aren't going to win.

Common sense dictates that you should have gone to another doctor when the first doctor said no.
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Old 02-24-2019, 10:15 PM   #3
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Adjusterjack,i believe you are a "adjuster" because you never seas to amaze me with your ever consistent"quick to point a fault finger" at the author of the complaint so, after reading your reply to my legal questions, it compelled me to reply;It would seem you have a inability to comprehend what is wrote in front of you Or you did not finish reading all of it Or maybe your a victim of your own"quick to point out fault finger" because had you read all of the facts in evidence , you may not have replied with such inaccuracies and making a pompous ass out of your self and now i can only hope that some one else will take interest in answering my legal questions with more for thought. and if the moderators of (Legal Junkies) see fit to suspend my use for this writing,then so be it!!!. it would be a great loss to me but i wouldn't retract a word of it ... <:0}
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Old 02-25-2019, 12:18 AM   #4
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Perhaps I was a bit blunt in my response. I'll explain.

There is a basic doctrine in negligence law called Mitigation of Damages which means that a person who has suffered an injury or loss should take reasonable action to avoid additional injury or loss. The failure of a plaintiff to take protective steps after suffering an injury or loss can reduce or eliminate the amount of the plaintiff's recovery.

A victim of negligence should act to mitigate damages subsequent to the wrongful acts of another.

For instance, assume that the victim in the assault example suffers a broken leg. If the victim refuses to get medical treatment and the leg eventually must be amputated, the defendant may be liable only for the reasonable medical expenses to repair a broken leg. Because a reasonable person would seek medical attention after suffering a broken leg, a court could find it unreasonable to make the defendant pay for additional damage that the victim could have prevented with minimal effort.

Your situation is similar. Your doctor failed to properly address your condition. Had you gone to another doctor immediately to properly address your condition you would have avoided all the ensuing inconvenience and damages that you suffered by not getting your condition properly addressed. That means no money for any of it except maybe the cost of the second office visit but not the testing and treatment that you would have needed anyway.

Again, for both your questions, you will not win anything that would even make a lawsuit worth pursuing because you didn't properly mitigate your damages.

As I wrote earlier, you CAN sue. Nothing is stopping you. And you can pick any dollar number that pleases you and see how it goes. That's up to you. Good luck.
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Old 02-25-2019, 12:21 AM   #5
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Bad Luck (lol):
Clearly you have no clue about what an adjuster does.
Clearly you didn’t like the correct answers provided.
Try to avoid calling someone else pompous when you have so little familiarity with grammar.
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Old 02-25-2019, 05:25 AM   #6
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Ok, in my explanation, i made previsions to cover that criteria that is required of me as the victim relying on the "common sense"factor to prevail by stating..."Please understand this is the shorter version, any other avenue's to get help were exhausted"!!! the criteria was addressed you were referring to.I know most the rules to the game and tried to mitigate my loses, i had to rely on my common sense and asked for a referral to dermatology , that went totally sideways , and every time i needed a referral i got one and things went sideways every time so i went looking for a smoking gun and found it all in my main med. files,my M.D doctor listed me as (mentally delusional) and he was discrediting my claims of my med. condition right on the referral's he was sending to these other sources i had tried to gain a med.examination/diagnoses of my condition from. then complacency is all over my med. file by every doc. i,v attempted to mitigate my loses. !!!! this ordeal has so many twists and turns and bazar crap that has taken place and the magnitude of it all would leave you thinking you just read a stephen king novel i assure you. i have a Med. Malp. Suit that would be news worthy, so , given the for mentioned dynamics... is there any thing in your answer(s) that you would change ???and thank you for your prof. opinion, and please excuse my slight over reaction of your first reply... any legal standings or info. on the above matter would be humbly accepted
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Old 02-25-2019, 10:49 AM   #7
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

Here's your problem:

Quote:
Originally Posted by BAD LUCK View Post
i still have the med.problem to date
To succeed in a lawsuit against your original doctor you would have to prove that if it wasn't for his inaction you would no longer have that medical problem.

You have no case if you don't get diagnosed and treated by a proper physician or specialist.

If the condition is treatable and it clears up with proper treatment you might be able to show that the doctor's inaction prevented proper treatment and exacerbated the condition.

If the condition is untreatable then nothing the doctor did or didn't do would have changed anything and there would be no case.

Also keep in mind that, even in small claims court, you will have to present medical evidence (not just sayso) so you'll need a doctor to testify in court about your condition and give his expert opinion that the first doctor's inaction prevented proper treatment and exacerbated the condition.

At this point all I can suggest is that you consult a medical malpractice attorney and review your options because this is something you aren't likely to win in small claims court.
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Old 04-14-2019, 09:58 PM   #8
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Cool Re: VETERINARY DOCTOR - V - MED.DOCTOR

Hi Jack, thx for your reply,

SUMMATION; [/LIST]i complain to DR.,describe med. problem
2 With out examination, Dr. states " if you can't see it , it's not real" says it's my Anoxic brain damage and offers me psychotic medication, i refuse and offer to prove 3 ways there is substance , not simulation , he refuses to except.
i request he send a sample in to lab , with attitude,he refuses and doesn't want to hear any more about it, now , i,v proved there is substance excreting from my skin that he refuses to except , i end up incurring the $300.00 lab bill to get a sample checked out and i come up right ,Dr.comes up wrong.
METHODOLOGY;
Had Dr. exercised reasonable standard of care by at least examining me and do a lab sample given the scope of the problem, the same positive result would have been retrieved and i would not have had to seek remedy on my own to produce the same out come of the lab sample, my insur. would have
covered the bill and on those grounds , is why i wanted to do small claims on that part of this hole mess.
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Old 04-15-2019, 12:58 AM   #9
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

1 - How much money do you want from this doctor? Pick a number.

2 - What state do you live in?
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Old 04-15-2019, 09:54 PM   #10
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Default Re: VETERINARY DOCTOR - V - MED.DOCTOR

I was under the impression a person suing in small claims court can only sue for actual damages/ to be made whole and that amount would be Vet & lab$300.00 + card interest...buy the way...i,m in OREGON.
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