Compare and Contrast Catastrophic Injuries and Class Action Law Suits Without Complicated Medical Jargon

Catastrophic injury

In this article, we will examine what is called a Catastrophic Injury as well as another little understood topic called Class Action LawSuit. Here we will discuss the breakdown of these two types of cases without a lot of medical technical talk. If you or someone you know has been injured, it is vital to reach out to an attorney as well as medical providers. This blog is not intended to advise you on medical or legal issues.

“What did that surgeon do??? THIS is catastrophic!”

Catastrophic Injuries

What are we talking about when we say catastrophic? This is a large word for a terrible injury. It is a wound or bad effect which is expected to have lasting problems in victim’s lives. Sometimes the injuries are difficult for doctors to put into a category or measure exactly. The injury is determined to be catastrophic by a court and includes a level of severity such that the injured person must have ongoing help.

Malingering is like over stressing an emotional or physical scar to make it sound bigger in order to gain sympathy or other benefits. There are sometimes claims that brag catastrophe in order to get a settlement. These are not very common, and will mostly be obvious with review of the evidence.

Catastrophic Injuries are costly for families, and differ from Class Action. The main difference is class action involves large numbers of people. The two concepts overlap, as we will discuss.

Class Action

Imagine there were forty people at a beach when some bad chemical is dumped that turns their skin red for life. Pretend the forty people start a case. That group is the class, and the court order is the action. A Class Action case is a group of forty or more people with the same claim of injury related to the negligence of the same organization. The company accused of being responsible is the defendant, and the victims who suffer similar problems are joining together as plaintiffs.

How do these cases differ from other types of cases?

Lawsuits generally have one claimant, who want to hold someone else responsible for actions which caused their problem, such as an injury or loss of money. The claimant hires an attorney to help them file a suit. Sometimes, a plaintiff will represent them self, but attorneys are trained to assist. The attorney gathers records for review and creates a complaint. The business or person which the class is attempting to hold responsible is served with a letter that the class are sueing, and the needed paperwork is filed at the court house.

The defendent answers the claim with either a settlement to reach an agreement, or denies the accusation and works to disprove it. If the claim settles, then the awarded amount is divided amongst the Plaintiffs and they all agree not to file a private suit.

Lawyers and Consultants

Attorneys work to defend clients on both sides of the arguments. With the large amount of records for these cases, lawyers outsource to Consultants, such as legal nurses to organize and prepare for court.

Regardless of the type of case, 5 things must be proven in order to have the basics for a case. Catastrophic and Class Action claims also adhere to this rule.

1) Duty: This means that the negligent party had an obligation to provide a job, product or service.

2) Breach of Duty: This means the failure to provide and do the job up to standard.

3) Damages: This is the money it cost because of the negligence. Pain and suffering are part of damages, and this is estimated.

4) Causation: This means the lack of duty that was supposed to be peovided caused the damage.

Overlap of Catastrophic Injury and Class Action

Examples to Illustrate:

Catastrophic Examples

*Traumatic Brain Injury

*Lethal drug overdose

Class Action Examples

*undiclosed medication side effect

*Data Breach

Catastrophic AND class action:

*Tobacco (a smoking 206 Billion Dollars)

*Breast implants manufacture defects

If you or someone you know has the issues described, it is important to seek medical attention and get help from an attorney.

When lawyer is overloaded by countless records, they can subcontract with co-counsel or affiliate with a legal nurse consultant. It is important to get an attorney who has the best outcome in mind and works for their client. While interviewing possible attorneys, you may pose the question of how often they work with legal nurse consultants. This is a good indication of their dedication to client outcomes. Only a registered nurse can testify regarding the nursing standard of care, and only a registered nurse can assess records for red flags that signify breach or problem which relates to the prudent care plan within the nursing process. Prudent means they follow what should be done by responsible nurses in the given situation.

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17 thoughts on “Compare and Contrast Catastrophic Injuries and Class Action Law Suits Without Complicated Medical Jargon”

  1. That is a super shocking picture to put in your article!!! I am glad you have informed me about the differences between a single catastrophic incident and class action lawsuits. These cases can severely affect people for the rest of their lives and it is important they know the details of what these things mean. Have you been involved in a class action?

    Reply
    • Yes, I have. I assisted with catastrophic injuries, class action and wrongful death. I also got a settlement for a class action suit, the details of which I am not allowed to discuss. I’m 99% sure it is a fake leg but I have been involved in heafty records of amputation cases. And assisted these patients firat first hand.

      Thank you for your feedback! I appeeciate that a lot.

      Kind Regards,

      Nurse Becca

      Reply
  2. Interesting topic for me to be reading about. I have recently been involved in a medical negligence case. My lawyers had to send me to a specialist for an independent medical review for my catastrophic injury which had been intensified by 5 surgeries which (one could argue) shouldn’t have happened, and mistakes were made. Sadly though, in my case, every step along the way, I have had issues, and in receiving this report, yet another issue, where the independent doctor actually lied in his report. I have since taken the complaint a step further to go to the Australian Health Care Commission to complain, as my legal case can’t even go ahead without a supportive report from the doctor – I don’t mind if I am genuinely not entitled to take my legal case further, but not because of a lie! I have often wondered whether a class action suit would have been possible for me (there are many others who have not been looked after due to grey areas in insurance, within the industry I worked in) but I suspect there would be a time frame which has probably passed in  my situation.

    Reply
    • Yes, indeed. An attorney would be able to give you the deadlines. I do consult internationally as a legal nurse consultant. It sounds tragic what you have been through. It sounds like your attorneys could use a secret weapon aka Legal Nurse Consultant. I would definitely launch a consumer complaint. Be careful about sharing details if the case has not settled. So, ask all specific questions on a private platform and keep in mind they may all be discoverable. I hope my notes help someone out there. It can be conplicated and feel overwhelming and my heart goes out to you with compassion.

      Thank You & Kind Regards,

      Nurse Becca

      Reply
  3. Thank you so much for writing such an informative post on class action and catastrophic injury. Years back I used to work for a corporate restaurant group and one of the worker sued the company for the minimum wage hour. The worker managed to get the co-workers to sign the class action. Now, I read your article about class action I wa not aware that it has to be more than 40 people. Does it really have to be at least 40 people? I just want to know for my record. I will share your post to my family and friends. This is a perfect information for them to know when unfortunate events happen.

    Reply
    • It depends on the exact circumstances of a case, but that is a good guideline. The cases with forty plus injured parties are typically granted class action status. You can check my math, and it may depend upon where the court is locates as well as the victims. You are so very welcome, and I appreciate your comment immensely. I am glad you stopped by. I will be adding more information after I see responses and try to determine what will best help readers. Do you have any suggestions to add which you’re curious about on this topic?

      Take care and Happy Easter,

      Nurse Becca

      Reply
  4. Hey, thanks for sharing this! My wife works as a nurse, and one thing I’ve noticed from her experience is that a lot of patients and their families sometimes have trouble or difficulty understanding the more technical aspect of medical terms and jargon. Couple this with legal terms and it can cause a bit of confusion in the end.

    Thanks for sharing!

    Reply
    • Hey there,

      I thank you very much for responding. It can be complicated to sort it out. Many professionals (both attorneys and nurses) do not realize they have lost people when discussing matters. Try this out in case you get stumped. The terms confused me, can you please clarify what you meant by BLANK. And fill in the blank with the terms which were not crystal clear.

      You’re quite welcome of course,

      Nurse Becca

      Reply
  5. This is a very well-written article that helps clear up a lot of confusion. It’s easy to take the jargon for granted, because honestly, it all sounds very much alike to most of us. To the average person, it all sounds catastrophic in one way or another. It’s nice to have something like this to read that can help clear it up. Thanks so much for sharing!

    Reply
    • Thank you Mark! I appreciate your read and response in this blog. It can feel catastrophic when someone missed a vein starting an IV. It can be catastrophic when the nurse blows the vein, keeps infusing, a piece of the plastic breaks off making a floater piece that can block oxygen wherever it lands, in a catastrophic case, maybe resulted in an amputation. It can be both catastrophic and class action when the manufacturer knew they made a bad start cannula that breaks with an unacceptable frequency causing amputations, strokes, and heart attacks despite proper use. I know this sounds extreme, but it is just a way to understand the terms. You are very welcome.

      Kind Regards,

      Nurse Becca

      Reply
  6. Thank you so much for this information; Your article gave me quite a bit more understanding of the matter than I previously had. My mother could have used your help some twenty-odd years ago. She came out of a routine surgery paralyzed from the armpits down – we later found out the surgeon had two settled malpractice suits in his past. Strangely all the paperwork that would have been in my mother’s favor went missing and a nurse who tried to discuss the matter with my father was immediately terminated and unavailable to them again. I hope the information you provide can save others from going through some of the hard times my family has.

    Reply
    • Dear Shannon,

      You have my heart. I have taken care of people with paralysis for a very long time. It has been hard on the body and spirit for families nurses and patients. That is tragic. I was hoping so, too! I even published it before I got to my word count goal, just to put a virtual hug out there for someone like you! (((Squeeeze)))

      I am researching paralysis reversal. I think there are ways to repair nerves, it is a difficult challenge because the nerve cells don’t have oxygen that helps to get those cells repaired. I did get to assist with a complete paralysis reversal that was one of the most amazing things I have ever seen. I hope this gives hope and inspires more research. I pray for comfort through the toughest time. I hope my virtual hug found you well.

      Happy Easter,

      Nurse Becca

      Reply
  7. Thank you so much for this information; Your article gave me quite a bit more understanding of the matter than I previously had. My mother could have used your help some twenty-odd years ago. She came out of a routine surgery paralyzed from the armpits down – we later found out the surgeon had two settled malpractice suits in his past. Strangely all the paperwork that would have been in my mother’s favor went missing and a nurse who tried to discuss the matter with my father was immediately terminated and unavailable to them again. I hope the information you provide can save others from going through some of the hard times my family has.

    Reply
  8. Wow Nurse Becca, this is very informative. Who knew there were these terms and situations which I’m sure to do happen from time to time, unfortunately for some but nonetheless it’s great to get educated. I now know what class action and the overlap is. Well, I definitely will hire a lawyer if something like this would ever happen to myself or a family member. It sounds like to you have a lot of experience in this field, would you advise to hire certain lawyers vs others in these type of incidents?

    Reply
    • I cannot recommend a specific attorney, but I maybe able to guide to which type for a specific case. It is a great question. Thank you so much for your kindness in responding.
      Warm Regards,
      Nurse Becca

      Reply

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