Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.
Although medical mistakes cannot always be prevented, help is available when these unfortunate situations change the course of victims’ lives. The pain and suffering that victims are left to contend with cannot be erased, especially when death or a chronic condition is the result of medical negligence. Personal injury compensation may help to ease the burden of physical and mental trauma from a medical mistake.
Failure to warn a patient of known risks. Doctors have a duty to warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure (in a way that the doctor should have warned could happen). (To learn more, read Nolo's article Medical Malpractice: Informed Consent.)
No. Someone leaving you does not meet the requirements for an emotional distress claim. Relationships ending - marriages included - are a normal part of life, distressing as it may be, and everyone has the right to leave a relationship they don't want to be in anymore, and no one has the right to keep someone in a relationship by force (in fact, it's the latter situation where one could potentially have a real claim for emotional distress charges, especially if there was abuse).
In my experience, many problems that spiral out of control could have been tackled sooner. You may have been kept waiting a long time for your hospital appointment, or a member of staff was rude to you. Perhaps you felt an elderly relative wasn’t getting adequate pain relief, or even enough to drink. In these circumstances, do as you would in any restaurant when you aren’t happy: ask to speak to a manager.
Jury awards for pain and suffering may vary depending upon socio-economic and political factors within the community from which the jury is drawn. In most states the maximum monetary amount awarded for pain and suffering is capped at what is listed in the particular suit or written complaint. In some jurisdictions there are maximum amounts set in law which a jury may not exceed in awarding damages.
I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.
I was an RN and suffered serious and permanent harm from my cancer surgery. There were many errors, including my waking up during surgery, life-threatening infection, internal sutures that did not dissolve, renal failure, a collapsed lung after hospital discharge, abscesses and wound dehiscence. Years later, I am homebound and unable to work. I would be making $80-100,000/year now or more but am stuck barely above poverty on Social Security Disability. Since I and the various insurances have spent over $2 million for my care, and I do not have enough money to obtain all the care and medications I need, I am very unhappy. I have a potential new abscess now. It is a living horror, and the cancer may return. I am always in pain. No attorney would take my case. Even the failure to diagnose the cancer for years, with facts right there for every doctor I went to with my symptoms, isn't actionable. I am however, alive.
A patient was in the hospital receiving care from a doctor. The doctor does not visit for days, so the patient called his office to complain. Afterwards, while the patient's wife was visiting, the doctor stormed into the patient's hospital room and screamed: "Let me tell you one [expletive] thing, don't nobody call over to my office raising hell with my secretary. ... I don't have to be in here every [expletive] day checking on you because I check with physical therapy. ... I don't have to be your [expletive] doctor." The patient’s wife interjected by telling the doctor that he would not be the patient's doctor for much longer, and the doctor snapped in reply: "If your smart [expletive] wife would keep her mouth shut things wouldn't be so bad." The wife began crying, and the patient began suffering from uncontrollable shakes, which eventually led to the need for psychiatric treatment. The Court held that Patient could sue for IIED.
In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.
Finally, in any medical malpractice case -- in any type of lawsuit for that matter -- plaintiffs need to be mindful of time limits for going to court and getting the lawsuit process started. You need to file the initial document (the complaint) within a certain amount of time after you suffered the harm that led to the lawsuit. These deadlines are set by state laws (statutes), so they’re called “statutes of limitations.” In some jurisdictions, the statute of limitations may not begin to run until the discovery of the injury. For example, in California, a patient has three years to file a medical malpractice lawsuit after the harm occurs, or one year after the harm is discovered (whichever comes first).
Florida Standard Jury Instruction 501.2 states that, “there is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence.” Because even the Florida Standard Jury Instruction recognizes that there is no exact standard for measuring non-economic damages, it’s absolutely critical that the presentation of pain and suffering damages at trial is done in a manner that the jury can easily understand and can award you compensation accordingly.
Most people are uncomfortable talking about their injuries. No one likes to be thought of as a whiner or complainer. I find that even my most severely injured clients are wary to openly discuss the full weight and burden that their injuries take on them. It’s understandable that if you have a scar from a surgery or accident that you may not like to discuss the fact that it makes you uncomfortable when strangers stare at it or friends or colleagues ask you what happened. Victims of injury do not often desire to sit and truly reflect on the extent that their injuries have had on their lives. Even so, little vignettes or stories illustrating how someone’s life was like before and then after an accident is crucial in demonstrating to the jury the magnitude of your loss.
Thank you. I'm not interesting in merely being compensated for medical bills. It's frustrating that I can be injured due to this company's negligence, miss out on earnings & the ability to live life normally, although for a short period of time, I still suffered, and they can be absolved of those damages and only be responsible for medical bills. In that case, what's the point of obtaining medical debt, if medical debt is the only thing that will be reimbursed, I'm no better off than just time wasted having a doctor tell me what I already know. Oh well, guess this company will get away with negligence.
If you wish to discuss a negligence claim against a medical professional in Ontario, please contact us. The consultation meeting or telephone discussion will not cost you anything. A bit of free advice – any claim you intend to pursue must commence sooner than the two year anniversary of the treatment that you received from your medical health professional. There are exceptions. Don’t rely upon them.
Halifax lawyer John McKiggan, author of Health Scare, argues that the reasons for poor outcomes in medical procedures are often kept hidden. McKiggan cites the 2004 Canadian Adverse Events Study that found that 70,000 of the 185,000 adverse effects suffered annually by hospital patients are potentially preventable. Between 9,250 and 23,750 patients die annually from preventable errors, involving doctors and other health practitioners.
It may not be so easy to file a personal injury lawsuit against a hospital or other health care facility, if what went wrong was limited to the quality of medical treatment you received from a doctor. That’s because in many cases, a physician is not an employee of the hospital, but an independent contractor. So, the hospital may not bear the kind of vicarious liability that typically exists in an employer-employee relationship.