On January 27, 2010, I cradled my only son in my arms as he died of a preventable illness. You might imagine that the needless death of a child is something that can only happen in a third world country, where there is little access to quality health care and insurance. I am a teacher with benefits, took my son to all his wellness check ups, yet I was still not able to save him.
Even in cases of malpractice, you might be surprised to know that the MICRA law places a cap on pain and suffering of a loved one to $250,000. The limit is based on non-economic damages. There is no justice for children who are harmed by medical malpractice due to the lack of wage earning. It’s appalling to think the life of a child is worth so little. In most cases lawyers refuse to take on cases that are limited to the MICRA law. They are incredibly expensive to litigate with little or no incentive. Even if you are lucky enough to contract a lawyer, in the end most of the money will be consumed by the costs. There is no amount of money that will help ease the incredible amount of pain I struggle with on a daily basis. I find a way to survive by making sure that Quin’s story is told, in the hopes that this will not happen to another family.
What I learned from losing my son…
This information can save you or a loved one. If you feel like you are not receiving proper care and your needs are ignored you can contact the Department of Managed Care at 1-888-466-2219.
You Have the Right to Receive Care When You Need It
• To have an appointment when you need one.
• To have an appointment with a specialist when you need one.
• To have continuity of care if your doctor or medical group leaves your plan.
• To receive treatment for certain mental health conditions.
• To get a second doctor’s opinion.
• To know why your plan denies a service or treatment.
You Have the Right to Understand Your Health Problems and Treatments
• To see a written diagnosis (description of your health problem).
• To give informed consent when you have a treatment.
You Have the Right to File a Complaint and Ask for an Independent Medical Review
• To file a complaint if you have a problem with your health plan.
• To ask for an Independent Medical Review of a decision your health plan makes about your care.
You Have the Right to See Your Medical Records
• To get a copy of your records (you may be charged for the copying).
• To add your own notes to your records.
*Speak Up for Yourself*