Apparently, most of the medical malpractice lawsuits in the US are related to medical misdiagnosis due to the doctor’s negligence or failure to follow a standard procedure. They are also more common in the outpatient department since both the private sector and the government gives more focus on the safety of the patient who is under treatment in a hospital.
Imagine you’re at the point where you’ve completed your medical treatment and therapy. You still have some lingering pain, but the doctors cleared you to return to work. It’s time to prepare the documentation for your settlement demand letter. You’ve totaled your special damages, but aren’t quite sure how to assign an amount for your pain and suffering.
The injury may also result in limiting your normal activities, especially if you are disabled. You may not be able to take care of your household responsibilities, such as cooking and cleaning or pursue hobbies like gardening or bicycling, caring for your children, or having intimate relations with your spouse. Take time daily and list the way your injuries have affected both your lifestyle and emotional well-being, along with the hardships you have encountered.
Medical malpractice is the most common legal claim lodges against doctors. A medical malpractice claim arises when a doctor failed to treat the patient in conformance with the accepted medical standard of care and the patient suffered some injury as a result. The medical standard of care is the type of care that another physician in a similar community practicing in the same type of medicine would have provided within the same circumstances.
Many medical procedures are inherently risky and even under the most expert care can have bad outcomes. In these cases, doctors are obliged to explain the possible risks of a procedure to you before the procedure, and you must give your informed consent. Doctors need to have efficient and accurate record-keeping processes in order to defend themselves from malpractice litigation. Absent or poor record keeping is classified as professional negligence.
Medical malpractice among doctors is a serious issue nationwide. If you have been injured as a result of a serious medical mistake, you should seek legal consultation to discuss filing a medical malpractice claim against your doctor. Proving medical malpractice is not always easy and often requires the expert testimony of another health care provider, who must testify that medical negligence occurred in your case.
Providing a range can also be beneficial in allowing the jury to make the determination as to what the final number will be. Your attorney can then ask the jury, “what is missing out on an activity you loved to do with your spouse worth weekly? $5? $25? $100?” If that person is 40 years old at the time of the crash and is expected to live another 42 years, the price for that loss over a lifetime ranges from $10,920 to $218,400. Presenting multiple stories from different witnesses demonstrating the extent of your pain and suffering damages and including a monetary range for each will allow the jury a viable opportunity to compensate you for that loss.
I think this is absolutely the right decision. As $15 million sounds like a lot of money, because it really is, this patient and her family are completely changed now. Her life might end because of the doctor’s negligence. There is no price for human life; no amount of money can possibility bring a life back. That is why the large award is to pay for all of her treatment, medical bills, and anything else that can help to rectify the mistakes by her doctor. This also serves as a deterrent to her doctor and radiologist and others as well to make sure they properly do their job and, when in doubt, as for a second opinion.
Oregon doctor Susan Haney is suing psychiatrist Howard Sampley, alleging that he mistook effects of medication, and pregnancy, for a mental disorder. Haney’s trip to the emergency room for asthma and pain from a burn had resulted in a diagnosis of psychosis, bipolar disorder, mania, potential harm to self and others, and a suspension of her medical practice. The state medical board later reinstated Haney without restrictions; she is suing for for $2.25 million.
Medical malpractice claims don't only cover errors in diagnosis and treatment. Once you've established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.
One attorney wrote to us that my Dad’s age was above the average life expectancy, and therefore it “seriously reduces the damages likely to be awarded for loss of future life earnings. Certainly this does not excuse the poor care he received but this makes the case economically untenable as the expenses will likely eat up the majority of likely recoverable damages. We do not have punitive damages in Washington (state) that an outraged jury could award to punish the Dr. and Hospital for their callousness. For these reasons our firm does not wish to undertake this case.”
Olanzapine is not approved for use as a sleep aid, to the best of my knowledge. It is used in the elderly if the person is aggressive, hitting care takers, or if they are having hallucinations and other similar problems. There are good studies that show that the olanzipine causes an increased risk of stroke. In my opinion, it should only be used in situations were the benefit gained out weighs the risk of stroke.
Doctors or healthcare providers are negligent if they fail to provide the standard of care that a reasonable doctor or healthcare provider practicing in the same area would provide in similar circumstances. If the negligence causes injuries or illness to a person, then the doctor or healthcare provider may be liable to pay damages (money to pay for the harm done) to the person. It’s no excuse for a doctor to say, “I did my best. I just didn’t know any better.” If the doctor should have known better, they may be liable. For example, let’s say that you see your doctor because you are not feeling well and your doctor prescribes a drug to treat the symptoms you described. You take the drug and it harms you. It turns out that it was not appropriate, considering your medical history and the other drugs you were already taking. If other doctors with a similar practice would not have prescribed the drug, your doctor may be negligent.
Medical malpractice cases can be complex. It can sometimes take a medical expert to understand what really happened. Yet it is a jury of non-medical people who will decide whether you win or lose your malpractice case. Your lawyer and your medical expert witness must be able to present difficult medical issues to the jury in a way that is easily understandable and that makes common sense.
In many – but certainly not all – cases of negligent infliction of emotional distress, there must be physical harm in addition to mental harm for a plaintiff to recover damages. In the case of an incorrect cancer diagnosis, for example, the plaintiff might show that he or she underwent unnecessary chemotherapy or radiation treatment because of the error.
An employer was displeased with employee’s work, and began circulating an old mug shot of the employee around the office. The employer then hired a private investigator to place the employee under surveillance. Coincidentally, the investigator discovered that the employee was cheating on his wife, took photos, and sent them to his wife. The employee's wife subsequently divorced him. The employee sued the employer for IIED. The Court held that the employee could not sue the employer for IIED because the conduct did not rise to the level of “outrageous.” 
Putting a dollar amount on suffering is difficult for every party involved in a lawsuit. Some attorneys estimate pain and suffering damages using a formula based on the total of the other compensatory damages: compensatory damages x (a number from 3 - 10) – compensatory damages. The number you multiply by depends on the severity of the injury. For example, a minor injury would be a “3,” paralysis would be a “10.”
Like any profession or job doctors and other medical professionals can make errors of judgement or neglect to carry out their duties to the required standard. Usually this is not the case and the vast majority of medical practitioners do excellent work every day in our hospitals and clinics. When they do occur, however, incidents of hospital negligence and medical errors are often due to the pressure (and fatigue) of working long hours in what is undoubtedly a stressful environment.
While some medical errors are unavoidable, and things go wrong even when the utmost skill and care is used, doctors and other health care providers can be held legally responsible for any injuries that result from the provision of negligent or sub-standard care to patients. If you decide to file a personal injury lawsuit against a doctor, it will most likely be under a legal theory known as medical malpractice.