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Saturday, December 15, 2012

And--- We're Off!

Yesterday, the hospital was served with a "90 Day Notice of Intent to Sue". This legal document is about 65 pages long and outlines our case against the hospital, describes the events of that fateful night and includes affidavits of two expert witnesses, one of which is an ICU nurse who testifies to the negligence of the ICU nurses; the other is a vascular surgeon who testifies that if the nurse had notified a doctor at the onset of Bob's stroke symptoms (instead of 11 hours later) and if Bob had been taken back to surgery within 1-2 hours (instead of 12-13 hours later) that Bob would not have suffered any "long-term neurological deficits".

At this time, the hospital has 90 days to respond, at which point they can agree to proceed to a settlement, or they can deny any wrongdoing and the lawsuit will be formally filed and we will proceed to a jury trial.

All I can say is, phew! It's taken a long time, not to mention more than a few frazzled nerves on my part, to get this far and I am glad the gate is finally open, the ball is finally rolling.

Bob with Zenith riding on his shoulder
But I must say I have been a basket of mixed emotions. Relief, for one, that this attorney is on top of things.
Proud, of myself, for not giving up when prospects looked grim. Excited at the prospect of a settlement and having some light at the end of this dark tunnel and the possibility of being able to get Bob the help/therapy that he needs... But more than a little angry that this ever had to happen, when it could have so easily been averted. And, alas, very saddened by the whole thing.  What I wouldn't give to just hit the "undo" button.

I was asked by the attorney's office to gather together some photographs of Bob, both pre-stroke and post-stroke, and that has been a gut-wrenching task, to say the least. Some of the pre-stroke photos are just so hard for me to look at without bursting into tears. Like the one above...


J.L. Murphey said...

Keep your strength up Diane. It still may be a long battle. This is the first volley in a long battle. Expect the hospital's attorneys to deny, deny, deny. That is after all their job.

Having sued a big corporation in the past and getting ready to sue my hospital. They don't care how long it takes, they'll play run around at $200 a hour for a year or more and then there are the appeals.

I don't mean to dash your hopes. I'm happy you didn't give up. What they did to Bob was wrong. I'm a realist.

Rebecca Dutton said...

I thought about suing my hospital because the nurses let me lie in a bed for hours before they started doing neuro checks and then calling a neurologist. I decided not to sue because getting revenge for what they did cannot undo what happened to me. However, you and Bob need a ****load of help that a suit can force the hospital to give you. Hang in there.

Anonymous said...

I have learned about Bob trough your blog, and I wish this has never happen to him, looking at the picture I also feel sad, but remember " I'm strong" bob has said that to you and you guys love each other, one they our bodies will be perfect again. But on the mind time I hope you win the lawsuit so Bob can have the Theraphy he deserves to get better and you the help to be by his side.

barbpolan said...

You can do it, Diane - both you and Bob deserve good news AND more help than you're getting.

P.S. That pic of Bob and Zenith makes me cry too.

Anonymous said...

Your strength and endurance are so empowering. It helps me get through the day, Diane.
Wow - are Bob's ever a beautiful blue eh?
Hope everything is as good as it can be today.
Chow for now - Trudy

Willowangel said...

Wishing, praying, hoping that all goes well for you re the lawsuit.

I love the pic of Bob with Zenith.

Happy Holidays,


Anonymous said...

You've come a long way Diane, and I suspect you have a long road ahead of you in this action. I hope and pray that when the time comes, you and Bob receive a large settlement and assistance for his care. As always, you are both in my prayers.

Hugs, Dan