I found out today that I will not be able to make any financial gain off of my radiation burn. I will not be able to sue my doctor, not without another one coming forward to say that what happened to my back was malpractice. My attorney tried to go at it from the standpoint of battery. Naturally, the hospital was able to distance themselves from the technicians and physicians involved by claiming that none of them were their employees. Technically, that is true, since they are all contracted labor. The hospital only provides the machinery and the bed. We will not be able to use the battery angle, because the state appeals court just struck down a ruling on an almost identical case. Since the patient assented to the procedure, and the physician did nothing out of anger or malice, there is no battery, in the state of Georgia. The legislature here enacted a law last February ‘05 limiting any malpractice suit in the state to a maximum of $250,000. I could get some expert testimony from another state. I will not make enough to be worth it after paying the attorneys, the court costs, and the expert witness. I may not break even in that scenario. I will not be able to get a local physician to testify against another, not even in a city as big as Atlanta.
It looks like this is over. I plan to make a couple of last-minute attempts to save it, but things do not look good for the home team.
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You didn't tell me this!! I would think the surgeon who had to slice open your back to cut out your skin and muscle and then reposition said muscle and graft new skin on to the wound should be able to state this was not something ROUTINE that would happen during an angioplasty!!!
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