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Medical Forum / General / Nutrition / November 2004

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Rapid Weight Gain

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Thunder7 - 04 Nov 2004 16:55 GMT
I am 51 years old, male, 5 foot 9 inches tall and weight 282lbs. I
wasn't always like this. Seven years ago I weight 165 lbs. I had
plenty of energy and I was one of those guys that just never stopped.

All my problems started when I had my gall bladder removed. The doctor
nicked something inside and after the operation, in recovery I was
bleeding internally. By the time they reacted to it I had almosr bled
to death. I ended up having to spend 3 nights in intensive care, I had
a transfusion, collasped lung and I was loaded with blood. My entire
right side looked like one big bruise.

I never got my strength back after that. I went from a guy who never
stopped to a guy who couldn't walk down the driveway without gasping
for air.

My doctor told me this was normal for what I had been thru and that in
time I would get my stength back. Well I never did. Instead I started
gaining weight like crazy. I went to the doctor and told him my weight
was out of control. I was almost 200 lbs and had been trying to lose
weight since about 175 lbs.

The doctor didn't say much except to say that I should eat less.I told
him I was always exhausted and he actually told me to go to bed
earlier.

At that point I was gaing about 5 lbs a month. Monthly I went in to
see the doctor and I complained about being short of breath and tired
and the constant weight gain.

When I reached 225lbs he told me my weight was out of control and I
should do something about it!!!! Like he just discovered I was having
a problem.

Anyways today I have diabeties and sleep apneia and high cholesterol.
The amazing thing is that my blood pressure is perfect.

I am on lipitor, actos, levoxyl and a lasix because I retain fluid. If
I miss one lasix pill my shoes are tight and my face is fatter and I
can barely make a fist with my right hand. I have been on lasix since
the operation.

I have tried everything. I have been on a diets since I was 175lbs and
have gained over 100lbs.

Does anyone have any idea what could be wrong?
Say not the Struggle nought Availeth - 04 Nov 2004 20:51 GMT
contact a medical mal practice attorney.

a big firm is best.

look in the yellow pages of the nearest big city

you have been injured by medical neglect and have damages.

best of luck.

j.

> I am 51 years old, male, 5 foot 9 inches tall and weight 282lbs. I
> wasn't always like this. Seven years ago I weight 165 lbs. I had
[quoted text clipped - 41 lines]
>
> Does anyone have any idea what could be wrong?
Piezo Guru - 06 Nov 2004 05:36 GMT
Maybe they can leave the money on his grave.

> contact a medical mal practice attorney.
>
[quoted text clipped - 53 lines]
> >
> > Does anyone have any idea what could be wrong?
Don - 04 Nov 2004 23:12 GMT
> I am 51 years old, male, 5 foot 9 inches tall and weight 282lbs. I
> wasn't always like this. Seven years ago I weight 165 lbs. I had
[quoted text clipped - 41 lines]
>
> Does anyone have any idea what could be wrong?

Have you had your thyroid checked?
Thunder7 - 05 Nov 2004 11:46 GMT
I am not looking to sue anyone I just want my health back. My thyroid
is underactive and I take levoxyl for that.
Julie Bove - 05 Nov 2004 17:01 GMT
> I am not looking to sue anyone I just want my health back. My thyroid
> is underactive and I take levoxyl for that.

Then there's the cause of your weight gain and tiredness.  You might try
another Dr.  I was being overdosed on Levoxl for my thyroid.  The Dr. was
using the theory that since I was overweight, I needed more of it.  This
actually made me hyperthyroid and totally exhausted.  And it also made me
gain weight.  Once I saw a different Dr. and got on the right dose of the
med, things began to reverse.

Signature

See my webpage:
http://mysite.verizon.net/juliebove/index.htm

Bystander - 06 Nov 2004 05:59 GMT
You could buy a lot of TOP of the line medical care with a lawsuit
>I am not looking to sue anyone I just want my health back. My thyroid
> is underactive and I take levoxyl for that.
Robert - 06 Nov 2004 20:36 GMT
> You could buy a lot of TOP of the line medical care with a lawsuit
> >I am not looking to sue anyone I just want my health back. My thyroid
> > is underactive and I take levoxyl for that.

The lawsuit is for blood loss. You get paid for the three days in the ICU.
The rest is unrelated to the surgery depending on when the surgery was done.
Robert - 06 Nov 2004 20:31 GMT
> I am not looking to sue anyone I just want my health back. My thyroid
> is underactive and I take levoxyl for that.

You didn't mention that before. The gallbladder surgery has nothing to do
with the thyroid. If it was removed then you probably had symptoms you are
not mentioning.
Your medical history telling is confusing in terms of timeline and
completeness.

You need to be aware of below although neoplasia's usually show hormone
excess.

multiple endocrine neoplasms
Otolaryngol Clin North Am. 2004 Aug;37(4):715-36, viii. Related Articles,
Links
Hyperparathyroidism and multiple endocrine neoplasia.

Malone JP, Srivastava A, Khardori R.
Division of Otolaryngology-Head and Neck Surgery, Southern Illinois
University School of Medicine, 301 N. 8th Street, Room 5B506, Springfield,
IL 62701, USA. jmalone@siumed.edu

Multiple endocrine neoplasia (MEN) syndromes comprise the group of heritable
endocrinopathies, MEN 1, MEN 2A, and MEN 2B. Primary hyperparathyroidism
caused by multiglandular involvement is usually the initial manifestation in
MEN 1, occurring in more than 90% of patients. In patients with MEN 2A,
hyperparathyroidism develops less commonly and is usually milder than in MEN
1. Advances in genetics and molecular biology aid in confirming the
diagnosis and screening relatives who are carriers or at risk for the
disease. Surgery plays an important role in the management of
hyperparathyroidism in both MEN 1 and MEN 2A,although the timing and extent
of surgery are areas of controversy.Long-term follow-up reveals a high rate
of recurrent hyperparathyroidism in MEN 1 despite surgical intervention.
HOF - 05 Nov 2004 04:54 GMT
Can this person claim damages?

> I am 51 years old, male, 5 foot 9 inches tall and weight 282lbs. I
> wasn't always like this. Seven years ago I weight 165 lbs. I had
[quoted text clipped - 41 lines]
>
> Does anyone have any idea what could be wrong?
Galimatias - 05 Nov 2004 05:06 GMT
> Can this person claim damages?

For what?  All that has been suggested by this person is that "The doctor
nicked something inside..".  He ends up by asking  "Does anyone have any
idea what could be wrong?".

You will need quite a lot more than that to claim damages.  What happened,
in fact?
Thunder7 - 06 Nov 2004 15:48 GMT
I was put on the thyroid medication after the weight gain started.
Right now my thyroid, under medication, seems to be okay according to
blood tests.
I have changed doctors numerous times during this ordeal. I think one
of the problems is that as soon as I tell them I was healthy before I
had my gall bladder removed they think I want to sue somebody. The
doctors are telling me all my problems are because I am obese but I
know in my heart I am obese because of all my problems.

It just seems like my system has shut down for some reason. I have had
a parathyroid removed for having too much calcium in my blood and that
is under control now. I have a high BUN reading but my creatine is
right in the middle of the normal range.
Piezo Guru - 06 Nov 2004 18:40 GMT
Usually these cause and effects go together and one will never know which
came first (the chicken or the egg). Try to rehabilitate yourself and give
yourself a few years to get back on track, diet, exercise and supplements.
Di it all and you may find even your mental, physical and sexual state
improves a lot.

> I was put on the thyroid medication after the weight gain started.
> Right now my thyroid, under medication, seems to be okay according to
[quoted text clipped - 9 lines]
> is under control now. I have a high BUN reading but my creatine is
> right in the middle of the normal range.
Robert - 06 Nov 2004 20:45 GMT
> I was put on the thyroid medication after the weight gain started.
> Right now my thyroid, under medication, seems to be okay according to
[quoted text clipped - 4 lines]
> doctors are telling me all my problems are because I am obese but I
> know in my heart I am obese because of all my problems.

The gallbladder has nothing to do with it. If you were pregnant and had a
severe hemorrahage then your pituitary might get damaged (pituitary apoplexy
Sheehans syndrome). That would result in all low hormone levels.

> It just seems like my system has shut down for some reason. I have had
> a parathyroid removed for having too much calcium in my blood and that
> is under control now. I have a high BUN reading but my creatine is
> right in the middle of the normal range.

How long ago from the surgery was that done? A very high BUN /creatinine
ration reflects blood in the GI gut that is being used as a protein source.
Otherwise it shows a high protein diet.
Galimatias - 06 Nov 2004 22:29 GMT
> I was put on the thyroid medication after the weight gain started.
> Right now my thyroid, under medication, seems to be okay according to
[quoted text clipped - 9 lines]
> is under control now. I have a high BUN reading but my creatine is
> right in the middle of the normal range.

So, what happened to this bit?   "All my problems started when I had my gall
bladder removed. The doctor nicked something inside...".  No evidence of the
doctor being at fault at all?

If so, no evidence supporting a claim for damages.
Robert - 06 Nov 2004 23:21 GMT
> > I was put on the thyroid medication after the weight gain started.
> > Right now my thyroid, under medication, seems to be okay according to
[quoted text clipped - 15 lines]
>
> If so, no evidence supporting a claim for damages.

Negligence must be proved on the part of the surgeon. There are many
consequences that can happen during surgery that are patient dependent.
Reminds me of a surgeon who was sued after having a young patient die on him
after surgery was performed. He bleed to death. Another surgeon even
testified against him from another hospital. It was later determined that
the 17 year old had genetically weakened arteries that suturing could not
hold.
Most of the time it's no harm no foul. You have to prove damages first
followed by negligence. A person signs off on surgery before hand and what
they are signing off is normal complications associated with surgery up to
and including death. Accidents do happen which is why you were seatbealts.
Galimatias - 07 Nov 2004 00:14 GMT
>>> I was put on the thyroid medication after the weight gain started.
>>> Right now my thyroid, under medication, seems to be okay according
[quoted text clipped - 26 lines]
> Most of the time it's no harm no foul. You have to prove damages first
> followed by negligence.

Actually, you have to prove liability first, whether breach of contract or
negligence.  If you do that, damages is the second step.  Damages without
liability had no meaning in law.

> A person signs off on surgery before hand and
> what they are signing off is normal complications associated with
> surgery up to and including death. Accidents do happen which is why
> you were seatbealts.
Robert - 07 Nov 2004 03:35 GMT
> >>> I was put on the thyroid medication after the weight gain started.
> >>> Right now my thyroid, under medication, seems to be okay according
[quoted text clipped - 30 lines]
> negligence.  If you do that, damages is the second step.  Damages without
> liability had no meaning in law.

Poor wording on my part, you have to prove you were damaged or hurt first
not in line with the type of surgery performed and not referring to the
monetary award you are seeking. Once that is done then you have to prove
that the doctor was responsible due to lack the poor or lack of standard of
care. That is the practical way it happens from the first lawyer to finding
doctors who will testify on your side. They have to say that you were indeed
hurt first and then determine if that hurt was the direct result of the
doctor. Then if it is out of line with the type of surgery undertaken.

> > A person signs off on surgery before hand and
> > what they are signing off is normal complications associated with
> > surgery up to and including death. Accidents do happen which is why
> > you were seatbealts.
Galimatias - 07 Nov 2004 05:25 GMT
>>>>> I was put on the thyroid medication after the weight gain started.
>>>>> Right now my thyroid, under medication, seems to be okay according
[quoted text clipped - 34 lines]
> first not in line with the type of surgery performed and not
> referring to the monetary award you are seeking.

Still not right.  The first step is to find a cause of action (in this case,
either a breach of contract by a specific person or persons, or a tort (a
civil wrong) by a specific person or persons (probably negligence)).  Then
you can claim your loss from them, measured in $ terms.  The mere fact of
harm being suffered, whether physical or financial, is neither here nor
there legally, unless you can get someone liable in damages for that cause
of action.

> Once that is done
> then you have to prove that the doctor was responsible due to lack
[quoted text clipped - 8 lines]
>>> surgery up to and including death. Accidents do happen which is why
>>> you were seatbealts.
Robert - 07 Nov 2004 07:39 GMT
> >>>>> I was put on the thyroid medication after the weight gain started.
> >>>>> Right now my thyroid, under medication, seems to be okay according
[quoted text clipped - 42 lines]
> there legally, unless you can get someone liable in damages for that cause
> of action.

You have not sued a doctor before. In legal terms that is correct but in
practical terms believe it or not the lawyers themselves often tell people
to seek a medical expert with a letter to be given to the lawyer stating
that the course of treatment was flawed.
I had a relative go to a lawyer because a relative went in for surgery on
the left foot and they wrongly operated on the right foot. The lawyer would
not even take the case without another doctors letter with regard to the
case and that relative had to pay out of pocket himself for that opinion.
The lawyer did not want to take it to trial so that relative told the laywer
to take a hike because he wanted a high percentage of the award. The
hospital HMO then said if you get rid of the lawyer we will give you more
money.  He took the money on a settlement that the lawyer originally told
him to take but by doing it then he got more money and he didn't split it
with the lawyer.
Doctors do not like to testify about other doctors and the ones that do are
very expensive.
The medical opinion is everything and is the most important thing and
everything else is dependent on it. You don't have a case without it. The
lawyering comes in second. Breach of contract means nothing in a medical
case. It is a medical case first and then you can go for breach or
negligence. The facts of the case dictate the legal terms. Just my opinion
and not a legal one either.

> > Once that is done
> > then you have to prove that the doctor was responsible due to lack
[quoted text clipped - 8 lines]
> >>> surgery up to and including death. Accidents do happen which is why
> >>> you were seatbealts.
Galimatias - 07 Nov 2004 08:31 GMT
> You have not sued a doctor before.

How do you know that?

> In legal terms that is correct but
> in practical terms believe it or not the lawyers themselves often
> tell people to seek a medical expert with a letter to be given to the
> lawyer stating that the course of treatment was flawed.

That's the usual causation issue.

> I had a relative go to a lawyer because a relative went in for
> surgery on the left foot and they wrongly operated on the right foot.
[quoted text clipped - 7 lines]
> by doing it then he got more money and he didn't split it with the
> lawyer.

So, there are plenty of not-so-good lawyers around.  Just like any other
occupation.

> Doctors do not like to testify about other doctors and the ones that
> do are very expensive.

As above, there are plenty of not-so-good doctors around.  There are some
good ones prepared to call it as they see it, and take the flack.  If they
are expensive, what else would you expect?

> The medical opinion is everything and is the most important thing and
> everything else is dependent on it. You don't have a case without it.
> The lawyering comes in second. Breach of contract means nothing in a
> medical case. It is a medical case first and then you can go for
> breach or negligence. The facts of the case dictate the legal terms.
> Just my opinion and not a legal one either.

Fair enough.  I'm just a lawyer.  What would I know?
Bystander - 07 Nov 2004 17:42 GMT
I'm sorry guys, but wasn't this guy looking for some help with his weight?

>> You have not sued a doctor before.
>
[quoted text clipped - 37 lines]
>
> Fair enough.  I'm just a lawyer.  What would I know?
Robert - 07 Nov 2004 18:44 GMT
> I'm sorry guys, but wasn't this guy looking for some help with his weight?

His TSH should be appropriately adjusted to a better target level.
Other than that then it is the same problem that we all have.
People are reassessng the clinical cutoff of hypothyroidism at greater then
3.0 TSH.

> >> You have not sued a doctor before.
> >
[quoted text clipped - 37 lines]
> >
> > Fair enough.  I'm just a lawyer.  What would I know?
Dunne E. Dawe - 08 Nov 2004 03:06 GMT
>> >>> I was put on the thyroid medication after the weight gain started.
>> >>> Right now my thyroid, under medication, seems to be okay according
[quoted text clipped - 39 lines]
>hurt first and then determine if that hurt was the direct result of the
>doctor. Then if it is out of line with the type of surgery undertaken.

No, you must demonstrate tangible damage to yourself. Then you must
prove negligence by the doctor AND that this negligence caused your
demonstrated damage. That's the basis of tort law in Austrailia.
Galimatias - 08 Nov 2004 03:13 GMT
>>>>>> I was put on the thyroid medication after the weight gain
>>>>>> started. Right now my thyroid, under medication, seems to be
[quoted text clipped - 44 lines]
> prove negligence by the doctor AND that this negligence caused your
> demonstrated damage. That's the basis of tort law in Austrailia.

Since tort law in Australia covers a little more than negligence, and some
torts don't require proof of "damage", you have just demonstrated that you
don't know much about that subject.  And likely not much about any other.
Dunne E. Dawe - 08 Nov 2004 03:26 GMT
>>>>>>> I was put on the thyroid medication after the weight gain
>>>>>>> started. Right now my thyroid, under medication, seems to be
[quoted text clipped - 46 lines]
>
>Since tort law in Australia covers a little more than negligence,

Does this contradict what I said?

>and some
>torts don't require proof of "damage",

For instance? Relevant to suing a doctor for damage he caused you,
mind.

>you have just demonstrated that you
>don't know much about that subject.  

We'll see.

>And likely not much about any other.

For example?
Galimatias - 08 Nov 2004 03:54 GMT
>>> No, you must demonstrate tangible damage to yourself. Then you must
>>> prove negligence by the doctor AND that this negligence caused your
[quoted text clipped - 3 lines]
>
> Does this contradict what I said?

What you claimed to be the basis ot tort law in Australia was patently
wrong.

>> and some torts don't require proof of "damage",

> For instance?

For one, trespass in its different forms.

> Relevant to suing a doctor for damage he caused you, mind.

You don't get to do the limiting.  You unlimited proposition was patently
wrong.

>> you have just demonstrated that you don't know much about that subject.
>
> We'll see.

Wrong tense.  We have seen that you don't know what you are talking about
regarding tort law.  The proposition was advanced that you don't know much
about anything else, and you have just embarked on proving that.

>> And likely not much about any other.
>
> For example?

Your last post was one.  Watch for your next post for another.
Dunne E. Dawe - 08 Nov 2004 04:45 GMT
>>>> No, you must demonstrate tangible damage to yourself. Then you must
>>>> prove negligence by the doctor AND that this negligence caused your
[quoted text clipped - 6 lines]
>What you claimed to be the basis ot tort law in Australia was patently
>wrong.

And yet you confirmed what I said?

>>> and some torts don't require proof of "damage",
>
>> For instance?
>
>For one, trespass in its different forms.

And this is relevant to the suing of a doctor for damages?

>> Relevant to suing a doctor for damage he caused you, mind.
>
>You don't get to do the limiting.  

No, the subject of the thread does that.

>You unlimited proposition was patently
>wrong.

Unlimited? I said the "basis". There are of course all sorts of
peripheral issues, but what I said was the basis, and you confirmed
this.

>>> you have just demonstrated that you don't know much about that subject.
>>
>> We'll see.
>
>Wrong tense.  We have seen that you don't know what you are talking about
>regarding tort law.  

And yet you confirmed what I said?

>The proposition was advanced that you don't know much
>about anything else, and you have just embarked on proving that.

I asked for an example of what you based that on, and received the
null response that I expected.

>>> And likely not much about any other.
>>
>> For example?
>
>Your last post was one.  Watch for your next post for another.

Which one? Receipt of posts is not necessarily in the same order for
everyone.

Now let's see where you stand.

We are talking about the possibility of suing a doctor for some
problem that a poster has apparently suffered.

I claim that the actual damage to this patient must be adequately
demonstrated to a court, and then the doctor must be shown to have
been negligent and that this negligence directly caused the damage
demonstrated.

You have a different opinion?
Galimatias - 08 Nov 2004 05:01 GMT
>>>>> No, you must demonstrate tangible damage to yourself. Then you
>>>>> must prove negligence by the doctor AND that this negligence
[quoted text clipped - 9 lines]
>
> And yet you confirmed what I said?

I said that you knew nothing about tort law in Australia.  And likely about
anything else.  Then suggested that you would confirm the latter.  As you
did, and continue to do.  Follow?

>>>> and some torts don't require proof of "damage",
>>
[quoted text clipped - 3 lines]
>
> And this is relevant to the suing of a doctor for damages?

Evasive.

>>> Relevant to suing a doctor for damage he caused you, mind.
>>
[quoted text clipped - 17 lines]
>
> And yet you confirmed what I said?

See above.  There you go again.

>> The proposition was advanced that you don't know much
>> about anything else, and you have just embarked on proving that.
[quoted text clipped - 22 lines]
>
> You have a different opinion?

You are obviously somewhat bewildered from all those 360s.  Have a cup of
tea, and a good lie down.  You will feel better in the morning, with any
luck.
Dunne E. Dawe - 08 Nov 2004 05:19 GMT
>>>>>> No, you must demonstrate tangible damage to yourself. Then you
>>>>>> must prove negligence by the doctor AND that this negligence
[quoted text clipped - 11 lines]
>
>I said that you knew nothing about tort law in Australia.  

And then went on to confirm what I said.  Go figure!

>And likely about
>anything else.  

And you could give no example of what you based that on.

>Then suggested that you would confirm the latter.  As you
>did, and continue to do.  Follow?

Your ranting does not fit the facts recorded.
You have not contradicted anything I've said, and even confimed it,
but then go on to respond with mere insult, and then claim you have
"shown me something"?

>>>>> and some torts don't require proof of "damage",
>>>
[quoted text clipped - 5 lines]
>
>Evasive.

No. That's called ON Topic. Your nonsense and insult is the evasive
stuff. Why do you think you respond with insult instead of substantive
comment?

>>>> Relevant to suing a doctor for damage he caused you, mind.
>>>
[quoted text clipped - 19 lines]
>
>See above.  There you go again.

I can do little else than reiterate the facts which are recorded here.
There comes a time when I will cease, even though you keep on with the
contrary, or mere insult.

>>> The proposition was advanced that you don't know much
>>> about anything else, and you have just embarked on proving that.
[quoted text clipped - 26 lines]
>tea, and a good lie down.  You will feel better in the morning, with any
>luck.

And again, you respond with empty rhetoric.
I take that as the best acknowledgement that you can muster that I was
correct in my original comment on this matter presented here.
You are incapable of justifying your contradiction of it?
Galimatias - 08 Nov 2004 05:33 GMT
>>>>>>> No, you must demonstrate tangible damage to yourself. Then you
>>>>>>> must prove negligence by the doctor AND that this negligence
[quoted text clipped - 104 lines]
> correct in my original comment on this matter presented here.
> You are incapable of justifying your contradiction of it?

This was your original comment - "No, you must demonstrate tangible damage
to yourself. Then you must prove negligence by the doctor AND that this
negligence
caused your demonstrated damage. That's the basis of tort law in
Austrailia.".

It was nonsense then, and it's still nonsense.  For the reasons I gave.  If
you don't understand what was said, you only have to ask.  Whether you will
understand the answer is problematical.  But not my problem.
Dunne E. Dawe - 08 Nov 2004 06:14 GMT
>This was your original comment - "No, you must demonstrate tangible damage
>to yourself. Then you must prove negligence by the doctor AND that this
>negligence caused your demonstrated damage. That's the basis of tort law in
>Austrailia.".
>
>It was nonsense then, and it's still nonsense.

I said this in response to:

>"Poor wording on my part, you have to prove you were damaged or hurt first
>not in line with the type of surgery performed and not referring to the
[quoted text clipped - 4 lines]
>hurt first and then determine if that hurt was the direct result of the
>doctor. Then if it is out of line with the type of surgery undertaken."

Which seems to be saying that you don't need to prove causative
negligence on the part of the doctor who caused your damage. I was
clarifying this with the proviso that American law might be different.

> For the reasons I gave.

That it is NOT the "basis" with respect to this matter being
discussed? You confirmed that it was, by saying that tort law was
basically this, with a few extra aspects.

You responded with:

"Since tort law in Australia covers a little more than negligence, and
some torts don't require proof of "damage", <snip empty insults>"

Now what exactly are you disagreeing so violently with?
The matter in discussion was a damages case. Or didn't you realise
that?

> If
>you don't understand what was said, you only have to ask.

And you will distract with whatever comes to your mind?

> Whether you will
>understand the answer is problematical.  But not my problem.

More distraction? Try contradicting what I said with this particular
case in mind. Pehaps you did not read the earlier posts in the thread?
Then perhaps you should refrain from jumping into threads that you
haven't got a clue about?
Galimatias - 08 Nov 2004 07:00 GMT
>> This was your original comment - "No, you must demonstrate tangible
>> damage to yourself. Then you must prove negligence by the doctor AND
[quoted text clipped - 46 lines]
> Then perhaps you should refrain from jumping into threads that you
> haven't got a clue about?

360
Dunne E. Dawe - 08 Nov 2004 03:04 GMT
>Negligence must be proved on the part of the surgeon.

And equally importantly, the damages that you demonstrate to the court
must be a direct (able to be forseen) result of this negligence.
Galimatias - 08 Nov 2004 03:16 GMT
>> Negligence must be proved on the part of the surgeon.
>
> And equally importantly, the damages that you demonstrate to the court
> must be a direct (able to be forseen) result of this negligence.

No, that is an element of negligence, not something separate.  But please
keep trying to invent the law.
Dunne E. Dawe - 08 Nov 2004 03:30 GMT
>>> Negligence must be proved on the part of the surgeon.
>>
[quoted text clipped - 3 lines]
>No, that is an element of negligence, not something separate.  But please
>keep trying to invent the law.

So let's see, a doctor drops a surgical instrument on the floor and
continues to use it without sterilysis. He then proceeds to operate on
the wrong foot.

You could sue him for damage to your good foot by demonstrating his
negligence with the contaminated instrument?
I'm sure glad you don't practice in my town  :-)
Galimatias - 08 Nov 2004 03:58 GMT
>>>> Negligence must be proved on the part of the surgeon.
>>>
[quoted text clipped - 12 lines]
> negligence with the contaminated instrument?
> I'm sure glad you don't practice in my town  :-)

You should.  I'd operate on your head with a contaminated instrument.
Dunne E. Dawe - 08 Nov 2004 04:18 GMT
>>>>> Negligence must be proved on the part of the surgeon.
>>>>
[quoted text clipped - 14 lines]
>
>You should.

And with no damage demnonstrated? Some lawyer you claim to be!

> I'd operate on your head with a contaminated instrument.

Wow, what an intellect! Are you sure you passed your finals? Or are
you a first-year student?  You sound about 14-years-old with that last
pathetic quip.
Galimatias - 08 Nov 2004 04:37 GMT
>>>>>> Negligence must be proved on the part of the surgeon.
>>>>>
[quoted text clipped - 16 lines]
>
> And with no damage demnonstrated? Some lawyer you claim to be!

Goodness me!  Do try to keep up.  You should be glasd that I don't practice
in your town.  Go back and follow the dots from there.

>> I'd operate on your head with a contaminated instrument.
>
> Wow, what an intellect! Are you sure you passed your finals? Or are
> you a first-year student?  You sound about 14-years-old with that last
> pathetic quip.

Thank you.  Just keeping myself amused by talking down to your level.  I'm
happy if you are impressed.
Dunne E. Dawe - 08 Nov 2004 05:06 GMT
>>>>>>> Negligence must be proved on the part of the surgeon.
>>>>>>
[quoted text clipped - 19 lines]
>Goodness me!  Do try to keep up.  You should be glasd that I don't practice
>in your town.  Go back and follow the dots from there.

I notice that you respond with empty insult, instead of a substantive
comment?  I wonder why that is.

I'll ask my question again:

Can you use just any negligence by a doctor to show responsibility for
damage? Or do you have to show that the negligence shown has directly
caused the damages demonstrated?

>>> I'd operate on your head with a contaminated instrument.
>>
[quoted text clipped - 4 lines]
>Thank you.  Just keeping myself amused by talking down to your level.  I'm
>happy if you are impressed.

That was sarcasm, in case you are too slow. You claim to be talking
down to my level, but so far you have not shown that your level is
anywhere near as advanced as mine, as you have not said anything
cogent or concrete.

I'll be interested if you can possibly contradict what I've said about
this particular legal matter.
Galimatias - 08 Nov 2004 05:25 GMT
>> Goodness me!  Do try to keep up.  You should be glad that I don't
>> practice in your town.  Go back and follow the dots from there.
>
> I notice
> I wonder
> I'll ask

It's all about you, isn't it?  Of course it is.

> That was sarcasm, in case you are too slow. You claim to be talking
> down to my level, but so far you have not shown that your level is
> anywhere near as advanced as mine, as you have not said anything
> cogent or concrete.

That's my point.  At your level, nothing is said that is cogent or concrete.
Did you not realise that before being told?  Surely even you can't be that
dense?  Prove me wrong.  You did realise, didn't you?

> I'll be interested

That's you all over.  "Me", "me", "me".  That's why you are so easily led
without being aware of it.  Far too much focus on the "I" and the "me", and
no self-awareness.
Dunne E. Dawe - 08 Nov 2004 05:55 GMT
>>> Goodness me!  Do try to keep up.  You should be glad that I don't
>>> practice in your town.  Go back and follow the dots from there.
[quoted text clipped - 4 lines]
>
>It's all about you, isn't it?  Of course it is.

Yes, "I" do the perceptions for "me". What about you?
Again, I notice the distraction behaviour that you seem to be expert
in. Nothing to say on the topic?

>>That was sarcasm, in case you are too slow. You claim to be talking
>> down to my level, but so far you have not shown that your level is
>> anywhere near as advanced as mine, as you have not said anything
>> cogent or concrete.
>
>That's my point.  

Which is unfortunately not the point of this thread. I wonder why you
are posting in sci.med.nutrition? Do you know a lot about empty
posting here too?

>At your level, nothing is said that is cogent or concrete.

And yet you have confimed my original assertion about this matter
brought up in sci.med.nutrition, and then gone on with nothing but
empty rhetoric. Aiming to be a politician are we, when we grow up?

>Did you not realise that before being told?  Surely even you can't be that
>dense?  Prove me wrong.  You did realise, didn't you?

You really have nothing substantive to say, have you. Do admit it, as
it's all here on the written record.

>> I'll be interested
>
>That's you all over.  "Me", "me", "me".  That's why you are so easily led
>without being aware of it.  Far too much focus on the "I" and the "me", and
>no self-awareness.

More legal light on the matter? Let's see, what else can you distract
with?

Answer the question in hand:

To successfully sue for medical damage, you must demonstrate actual
personal damage, you must show the medical practitioner was negligent,
and you must also show that this negligence directly caused the damage
previously demonstrated.

That's how I see it, you seem to contradict this. Can you point out
where? Thought not. I'll lay odds that you come back with some other
distraction. I'll bet the beak loves you!
Galimatias - 08 Nov 2004 07:02 GMT
>>>> Goodness me!  Do try to keep up.  You should be glad that I don't
>>>> practice in your town.  Go back and follow the dots from there.
[quoted text clipped - 51 lines]
> where? Thought not. I'll lay odds that you come back with some other
> distraction. I'll bet the beak loves you!

360
Dunne E. Dawe - 08 Nov 2004 02:49 GMT
>Can this person claim damages?

Of course, if he can demonstrate actual damage, a causal link to
someone and actual negligence as a cause by that someone, in
Australian law, anyways.

>> I am 51 years old, male, 5 foot 9 inches tall and weight 282lbs. I
>> wasn't always like this. Seven years ago I weight 165 lbs. I had
[quoted text clipped - 41 lines]
>>
>> Does anyone have any idea what could be wrong?
 
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