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As someone how deals with liability settlements day in and day out, I think your only hope here is to get what I call "go away" money. If you get this into trial, it will cost the hospital a lot more to try the case than it will to just give you say $10,000 to make you go away. You'd then have to share that with your attorney and pay taxes on it, so in the end it would most likely be about $3,500-$4,000.
Also, Jetstream, there's nothing here that would cause a judge to dismiss this case out of hand unless there's some technicality. He would allow it to be tried on its own merits, and the plaintiff (frogza) would get his case to demonstrate how he was harmed. I suppose a case could be made for negligence here, but it's doubtful it would hold up in court.
Finally, frogza I hope you're feeling well.
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