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Needing Opinion based on scripture

Rachelle West

Rachelle West

Member
Female
So my daughter was Recently diagnosed with something new. That was over looked for years. I have family members telling me I should sue for Medical malpractice. I have always felt that you should not go to the courts for stuff like this do to my beliefs. My husband says it don’t go Against the Scripture that talks about going to the courts. So I am wanting to know what others think about it but only want it based on scripture. If it was my husbands daughter and my daughter we would be doing it as he feels it is right. She is not my husbands kid so it is felt up to me to decide. Sometimes I wish he would take the hard Approach that he takes in other things as the head of our home but in this case doesn’t. Thoughts on it and Scripture to back it up. Thank you
 
1 Corinthians 6 tells us not to take other believers to court, but rather to try and resolve such matters within the congregation. It says nothing about whether we should take non-believers to court, nor about what we should do if the other party refused to take part in an in-congregation process. It does not prohibit using the court system, just encourages us to use a more mediatory approach instead.

If the medical professional you are considering suing is a believer, approach them first and see what you can work out. Otherwise this scripture does not prohibit you from taking them to court.

Bear in mind though that, from the outside, the litigious nature of US culture looks strange. Americans appear to sue each other far more than people in most other countries - though this could be a mistaken impression based on what aspects of US society are actually shown in international media. And it is understandable to a degree in the medical field given the private nature of US healthcare. My only point in this paragraph is to carefully consider the practicalities, cost and likely outcomes, don't just instinctively jump to sue. You are already cautiously considering it from a Biblical perspective, and that is good. But if you conclude it is Biblically correct, make sure you also consider whether it is practically correct and don't just jump straight from "it's permissible" to "therefore I will do it". Your time and resources may be better placed in immediately seeking a cure outside the system, rather than seeking money from the system with which you hope to eventually pay for a cure by the system.
 
FollowingHim said:
1 Corinthians 6 tells us not to take other believers to court, but rather to try and resolve such matters within the congregation. It says nothing about whether we should take non-believers to court, nor about what we should do if the other party refused to take part in an in-congregation process. It does not prohibit using the court system, just encourages us to use a more mediatory approach instead.

If the medical professional you are considering suing is a believer, approach them first and see what you can work out. Otherwise this scripture does not prohibit you from taking them to court.

Bear in mind though that, from the outside, the litigious nature of US culture looks strange. Americans appear to sue each other far more than people in most other countries - though this could be a mistaken impression based on what aspects of US society are actually shown in international media. And it is understandable to a degree in the medical field given the private nature of US healthcare. My only point in this paragraph is to carefully consider the practicalities, cost and likely outcomes, don't just instinctively jump to sue. You are already cautiously considering it from a Biblical perspective, and that is good. But if you conclude it is Biblically correct, make sure you also consider whether it is practically correct and don't just jump straight from "it's permissible" to "therefore I will do it". Your time and resources may be better placed in immediately seeking a cure outside the system, rather than seeking money from the system with which you hope to eventually pay for a cure by the system.
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In order for me to find out if the doctor is a believer I would have to talk to over 20 doctors to see if they are all believers but this has been going over looked for years. It is not the money I want for pay back but for others to get the care they need from all the doctors offices and hospitals that have over looked this. To make it right for my daughter and what she has gone through and how far behind she is in school because of it yes I would have to Omit that the money would be nice to be able to homeschool her or to hire the help she needs to get back on track. Money has never met much to me. Is there something else other then Suing you think will work better.
 
Short answer. All things are lawful,not all are expedient. I helped my hubby bring a suit against two county deputies. We believed it was what was ight under the circumstances and we "won." We also dealt with a lot of stress, and learned a fair but about the "just-us" system. It is of, by and for LAWYERS, and they are really the only people that win. No matter what, they get paid.
We intend to leave justice to the just judge in the future.
 
Remember, they are called
medical practitioners, they are"practicing" medicine. They are intelligently guessing. Sometimes they make mistake, the problem is in trusting them more than we should.

Lawyers fall into the same class.

God is the only one you can trust.
 
Rachelle West said:
So my daughter was Recently diagnosed with something new. That was over looked for years. I have family members telling me I should sue for Medical malpractice. I have always felt that you should not go to the courts for stuff like this do to my beliefs. My husband says it don’t go Against the Scripture that talks about going to the courts. So I am wanting to know what others think about it but only want it based on scripture. If it was my husbands daughter and my daughter we would be doing it as he feels it is right. She is not my husbands kid so it is felt up to me to decide. Sometimes I wish he would take the hard Approach that he takes in other things as the head of our home but in this case doesn’t. Thoughts on it and Scripture to back it up. Thank you
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My only comment is to piggy-back on what has already been stated by adding that often making such a decision comes down to deciding whether or not you want your life to be dominated from this point forward by the legal battle. Often we have a choice about dragging the anchor of the past around with us or swimming in gratitude to Yah for the blessings He has brought into our present and future.

One can even be grateful for afflictions.
 
I believe taking action in the legal system to right a wrong is not unbiblical.

It is very frustrating and time consuming, though. Be prepared to lose, even though you win. Lawyers fees can be substantial and the time lost also factors into the resources you'll never get back.

If you believe you are n the side of right, then don't hesitate.
 
Thankyou @Mojo for bouncing this thread, I am sorry @Rachelle West that I didn't actually reply to your question to me earlier.
Rachelle West said:
In order for me to find out if the doctor is a believer I would have to talk to over 20 doctors to see if they are all believers but this has been going over looked for years. It is not the money I want for pay back but for others to get the care they need from all the doctors offices and hospitals that have over looked this. To make it right for my daughter and what she has gone through and how far behind she is in school because of it yes I would have to Omit that the money would be nice to be able to homeschool her or to hire the help she needs to get back on track. Money has never met much to me. Is there something else other then Suing you think will work better.
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From what I can understand from the brief information you have shared, you are looking to sue them for simply not realising your daughter had a particular condition. It's not about what they did, it's about what they didn't do. That's a difficult case to win I expect.

If you are supposed to have your left leg amputated, and the surgeon amputates your right leg instead, he has obviously done something wrong and your case for compensation is very clear.

But not realising someone had a condition is something quite different. I expect it is an obscure condition, since it has taken so long to get the right diagnosis and so many doctors have made the same mistake. This means that each, individually, made a genuine mistake and simply didn't think of that possibility - and none of them actually harmed her, because they didn't do anything bad to her. They just failed to solve a complex problem. That's normal and natural. Doctors are humans and can't do everything. The fact that so many of them missed it is actually strong evidence on their side - it shows it was a very difficult condition to diagnose and shows it was reasonable for each of them individually to miss it. And who would be guilty anyway, if 20 of them missed it? Who do you even sue? Who would the court make liable?

If you ask a lawyer if this is a winnable case, they will say "yes". Because they give that answer to everybody, especially when the case is NOT winnable. Every lawyer knows that the most lucrative client is the one who is in the wrong about an emotive issue. Because then they are guaranteed of legal fees for fighting and losing the first court case, fighting and losing an appeal, and maybe even fighting and losing a second appeal. A lawyer will see you walking into their office in tears and just see dollar signs.

I think what would work a whole lot better is to simply seek the best treatment from your daughter from this day forward, with the resources available to you and God's help, and without the stress and expense of a court battle distracting you from it.
 
FollowingHim said:
That's a difficult case to win I expect.
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Not necessarily. There is a history here. I'm not aware of the details but apparently there is a condition which is easily caught by physical examination of young children (I'm guessing some kind of developmental condition involving the bones and joints) which if missed the doc basically is guaranteed to have to cut a check. Every doctor will check for it like clockwork.

In other words, if she wins the result could be that no child will ever have this overlooked again.
 
I have talked to a few attorneys that deal with Medical lawsuit there are two different kinds my daughters is one and something they do wrong in like a Surgery is another. My daughters is a case because there was reports after reports that said she needed more test done to see what the spot on her lung was that had been there in every X-ray since she was two. She is almost 12 now. The fact that they didn’t read the hole report over and over again and didn’t do the testing Suggested by the radiologist is where they went wrong. I have found an attorney to take the case if I choose to go through with it but me and my husband decided not to do it as we have to much going on and I need the time that I would have to spend to do it to get her the help she needs for it. I am just happy they finally found it in time as it can be a life Threatening Issue if not taken care of. Now that we know what it is she should be able to get the help she needs to be some what of a kid again with the right treatment.
 
I am so glad that the problem has been identified and that you are able to move forward.
I’m sorry for what you have been through.
 
mojo said
It is very frustrating and time consuming, though. Be prepared to lose, even though you win. Lawyers fees can be substantial and the time lost also factors into the resources you'll never get back.


agreed.
 
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