SW Cali Laws

Home » Posts tagged 'physician review'

Tag Archives: physician review

Advertisements

‘The Suffering Is Staggering.’ Victims Could Get $4.1 Million After Needless Cancer Treatments via TIME

(DETROIT) — An expert is recommending approval of $4.1 million in claims, including $2rodwin million in funeral costs, filed by victims of a Detroit-area doctor who committed fraud by putting hundreds of patients through needless cancer treatments.

Randi Roth gave an update Tuesday to a judge who is overseeing the case of Dr. Farid Fata. She said 81 percent of 741 claims are fully or partly eligible for restitution.

Fata is serving a 45-year prison sentence for fraud, money laundering and conspiracy. He admitted putting patients through grueling chemotherapy — even when they didn’t have cancer.

Fata’s victims can seek reimbursement for funeral costs, remedial health care and mental health treatment. Out-of-pocket costs paid to the doctor and his clinics are also eligible for repayment.

Pain and suffering and lost wages, however, aren’t covered.

“The suffering is staggering,” said Roth, an attorney in St. Paul, Minnesota, who specializes in deciding claims in large-scale litigation. “All of us want to help as much as possible but the law is strict.”

Final approval in the months ahead rests with U.S. District Judge Paul Borman. The restitution process includes a way for patients or their family to appeal if Roth determined a claim wasn’t eligible.

“This is a huge situation with tragic consequences. I’m going to be on top of it,” Borman said.

The judge said patients and families are first in line for restitution, followed by insurance companies and the federal government’s Medicare program.

Outside court, Teddy Howard, 57, of suburban Detroit said he’s frustrated. He said his claim has been rejected because his doctors won’t certify that some of his subsequent health care was related to the harm caused by repeated doses of chemotherapy ordered by Fata.

Howard said he had a liver transplant and has also lost eight teeth.

“I didn’t think I’d be crawling around, begging. This is crazy,” he said.

  • Share

(DETROIT) — An expert is recommending approval of $4.1 million in claims, including $2 million in funeral costs, filed by victims of a Detroit-area doctor who committed fraud by putting hundreds of patients through needless cancer treatments. Randi Roth gave an update Tuesday to a judge who is overseeing the case of Dr. Farid Fata.…

via ‘The Suffering Is Staggering.’ Victims Could Get $4.1 Million After Needless Cancer Treatments — TIME

Advertisements

The difference between survival action and wrongful death?

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident and death.

Damages covered
Designed as reparation to the family or dependents of the victim, a wrongful death claim covers lost wages, medical expenses, and other financial issues that the death has brought to surviving relatives or dependents.

Meanwhile, survival action doesn’t merely focus on the aftermath of the death. It covers the probable damages that the victim would have been able to fight for if he or she had survived. Laws.com describes this as “the continuation of tort actions that the victim would have been entitled to raise in life.” In Washington, survival action also considers the expenses incurred by the victim while the person was struggling for life at the hospital, regardless of the duration of the stay.

Distribution of claims
In wrongful death cases, relatives (immediate or distant), and rightful dependents may receive the settlement in behalf of the victim.

However, in survival action claims, the victim’s estate will be the primary premise for distribution of damages. Only the heir or lawful dependent of the victim will be entitled to the damages recovered, as stipulated by the will of the victim.

Can representatives file for both? This depends on the statute governed by State law. Some states allow the filing of both claims and receiving the compensation for both. However, states like Virginia only allow the representative to recover either of the two.

Sheeley Law, LLC provides representation for the families or dependents of victims of wrongful death. To read more related topics on this legal matter, visit this blog.

Comments are closed. @annsheeley

Ann S Sheeley's Blog

The days where a personal injury claim dies with the victim are long gone. Various states have passed laws that recognize both survival action and wrongful death claims. These two, although tied together in preserving the rights of the deceased, cover different forms of damages.

The major differences between these two are the key elements probed for the validation of the claim, damages covered if each claim has been proven, and the aspect of distribution of the said damages.

Image Source: CosmosMagazine.com

Key elements

In a wrongful death claim, breach of duty and causation are the burden of proof established throughout the case. The basis of damages to be covered by the claim is the act or lack of action of the entity at fault.

In survival action, the inquisition goes beyond the negligence of duty. Survival action takes into consideration the difficulty experienced by the victim between the accident…

View original post 258 more words