If you do have cancer and the pain and suffering that you may experience is increased because of the late diagnosis or if your life expectancy is shortened because of the late diagnosis, you may have a viable claim for medical malpractice. But, you would have to prove that you are worse off now than you would have been even if you were diagnosed earlier.

Assuming that there was harmed done due to the misdiagnosis, the second question you need to answer is; would another doctor with a reasonable medical profession come with a different diagnosis instead? If the second opinion gives a different conclusion, and it happens to be the correct diagnosis, then there would possibly be a case for medical damages.
I may not live long enough to see minor children gain the same rights that adults have to sue for outrageous instances of extreme emotional abuse (and physical abuse, and sexual abuse) but I hope that some day minor children WILL be given the right to sue their parents for ghastly instances of child abuse (such as sexual molestation), emotional abuse, and skin-crawling incidents of child neglect and child exploitation.
I have this fantasy in which I am four years old again, and my screaming, raging bpd mother is looming over me and threatening to beat me with a heavy leather belt again, and I just very calmly fold my arms and say something like, "OK, lady. Fine. You take ONE step closer to me and I'm calling my lawyer. Your crazy ass is going to get hauled into jail for physically assaulting and battering a 4-year-old with a dangerous object. That's YEARS in prison, you fucking maniac. Just try it, I dare you."

Some of the most commonly misdiagnosed diseases are heart attacks and blood clots, infections or tumors. Misdiagnosis can delay treatment and can even be fatal. Mistakes are shockingly common when medication is administered, and surgical mistakes happen way too often. Sometimes doctors operate on the wrong body part, or on the wrong person entirely! The same formula above can be useful in trying to calculate the value of your medical malpractice case.
Make sure it’s not too late to sue. Each state has a statute of limitations on different types of offenses. These specify the length of time during which you can take action after the incident occurred. Emotional distress falls under the category of a personal injury tort. The statute of limitations for personal injury tort ranges from 1 to 6 years, depending on your state's law. After you are injured, you need to immediately look up your state's statute of limitations. Regardless of the statute of limitations, it's best to file your case sooner rather than later.
I had the same issue after my daughter passed from medical harm. I did at one point have a signed contract with an attorney. He had a friend in the medical field that he felt could review her 2,500 pages of medical records. However, when his friend explained that because she was an infant who went in for heart surgery, you'd require two specialists to review my daughter’s chart and testify. I was told it would cost roughly $50,000 to $75,000 per specialist. This doesn't include normal costs for the attorney. It didn't take long for the attorney to send me a letter stating he couldn't help me. I added that letter to the other dozen all stating we had a good case, but the financial limits made it impossible for them to take it. It was business.

Indeed, even the standard jury instruction does not provide the jurors with guidance in determining a figure. Abstract concepts, ambiguity and confusion are all defense tactics utilized by defense attorneys to dismantle your viable personal injury claim. This is why it becomes critical to open up to your attorney about the extent of your injuries and the complete impact that your injuries have had on your life.

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.

Since 1988, the law firm of Kennedy, Johnson, Schwab & Roberge, L.L.C., located in New Haven, has provided aggressive and knowledgeable legal representation to people injured due to medical malpractice cases throughout Connecticut. Our attorneys have more than 150 years' combined experience fighting health care professionals for fair compensation in medical malpractice and medical negligence cases, including cases involving failure to diagnose serious injury.


We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.

While most people may immediately think of a formal lawsuit when they consider seeking compensation for injuries caused by medical negligence, the fact is that in some situations, avoiding the expense and potential uncertainty of a formal lawsuit may result in a more favorable outcome. Others simply want to avoid "suing their doctor", but want to get compensation for their injuries. Read on to learn more about the options for resolving your medical malpractice case outside of the traditional court setting.

Your attorney should also disclose “bad facts” in the opening statement.[20] A bad fact is anything the defense would want to bring to the jury’s attention because it makes the defense case much stronger. For example, your failure to follow your doctor’s prescribed treatment is a bad fact. By disclosing bad facts first, your attorney can take the sting out of them.


If you or someone you love has been injured by a doctor, you should also contact an attorney. However, you must realize that they may not take your case. The standard of proof for medical malpractice is much higher than most people realize. It is not possible to file a lawsuit over just anything and expect a multi-million dollar payout. But you should talk to an experienced malpractice attorney to see what they can do with your case and also to see if they can help you with dealing with the doctors or hospitals after the incident.


I have a hard time reconciling this particular doctor’s ‘niceness’ with his clinical practice/beliefs. For example, when I objected to his opinion that the best standard of care for my daughter was electroconvulsive therapy, (at the height of her intellectual development) even though she was in a extreme state and unable to sign a consent form and make a fully informed medical decision, he strongly hinted as a part of his argument, that the anti-psychotic drugs that she had been given were ‘toxic.’ (Doctors are increasingly aware of the limitations and adverse properties treatment built around drug maintenance, especially neuroleptics but it is rare for doctors to share even a hint of doubt about medications) I could tell he was becoming uncomfortable with my objections, and my emotions around ECT. I hinted that I was willing to obtain an emergency injunction against ECT if necessary. Fortunately, this was not needed, as the hospital had a Director of Medical Ethics who was able to conduct a private interview with my daughter and my request, and as a result, confirm that my daughter did not want to be shocked. Dr. Sampley did not pursue ECT. Thankfully, he did not pursue it and I cite the excellent relationships and education/outreach that David Oaks established in our locality because, by happy coincidence, MindFreedom is headquartered here.
Did the change in lifestyle trigger disturbing depression or anxiety? If you have never experienced depression before, many describe it as feeling despondent, as if a black cloud were hanging over your head. Sometimes, if the injury is taking a long time to heal, you may feel hopeless, that you will never get better. Examine the differences in your lifestyle to determine the negative impact of your personal injury.
In this New York case, a forty-year-old woman believed she felt a small lump in her breast during a self-exam, and went to her doctor. She was referred for a mammogram and underwent one. The radiologist treating her looked at the scans, and believed she had a clogged milk duct and it would just go away with him. But this lump didn’t just go away. In fact, it continued to grow and, a little over a year after her diagnosis, she went to the doctor again. At this time she was diagnosed with breast cancer.
In Florida, when someone is injured as a result of someone else’s negligence the Florida law provides that the injured party can ask a jury to compensate them for both economic and non-economic damages. Economic damages are those damages that are readily calculable—medical bills, lost wages, or anything with a set dollar amount. Economic damages are typically easily presentable to a jury. Jurors understand hard and fast numbers, like medical bills and lost wages, and are oftentimes readily willing to compensate an injury victim for these types of losses.

Several states have sought to control increasing non-economic awards by implementing compensation caps for these types of damages. Most of these compensation caps directly address medical malpractice issues where malpractice premiums rose to a level to become disincentives for physicians to practice. The tort reform of non-economic damages was intended to ameliorate this situation and protect doctors and health facilities from exorbitant damages. However, advocates against caps argue that caps unduly penalize those victims who may require a level of damages to compensate for lifelong losses that can never be regained.

Battery occurs when a person intentionally touches or has other unwelcome physical contact with another person in a harmful or offensive manner. Battery may apply when patients are sexually or physically abused by their doctors. This can also occur when a doctor performs an incorrect surgery or medical treatment on the patient. Likewise, this can occur when a doctor does something to the patient without consent.


While the majority of health care providers aim to exercise the highest standard of care for all patents, there are times when things can go gravely wrong. If you or a loved one has experienced poor medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be entitled to medical malpractice recovery.
In the past, a lawyer acting for a wronged patient might have advised his or her client first to report the matter to the Health Professions Council of South Africa (HPCSA), the professional body mandated to register health professionals and ensure practitioners are fit to practise, before proceeding with a civil case in the courts. Even though the HPCSA does not have the power to arbitrate on compensation, the rationale was that an HPCSA ruling and censure of the doctors concerned would improve the chances of a patient succeeding in a civil case.
We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.
These types of witnesses are inherently biased in that they clearly care about you and would presumably never testify in a manner that would undermine your claim. The defense will often attack witnesses that are related to you either by blood or marriage by suggesting to the jury just that—the witnesses are inherently bias. Therefore, oftentimes the best before and after witnesses are those people who do not have any personal stake in the litigation. These can be employers or co-workers—individuals who are not a “friend” who may be bias, but rather people who see the injury victim on a nearly everyday basis and can provide firsthand knowledge regarding the affect the injuries have had on the person.
For example, John Smith went to his local doctor because he had a black spot on his foot and his leg was painful.  His doctor sent him to a surgeon who suggested a special procedure using a needle inserted into his leg artery to see whether the veins in John’s foot were blocked.  The surgeon botched the procedure and John’s artery was damaged.  Several weeks later John’s leg had to be amputated.  When John consulted a lawyer and the lawyer investigated his claim, the lawyer found that John’s original foot condition was gangrene and he was always going to have to have his leg amputated, so the surgeon’s negligence in performing the procedure did not leave John worse off than he would otherwise have been and he fails the test of causation.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email.
Damages in a personal injury case, whether they be economic or non-economic, are generally limited to the coverage limits of the insurance policy. Often, this means that a person cannot sue an insurance company for a million dollars if the insurance coverage the defendant held only had a limit of $50,000. The most concrete way to think about this example is in the automobile insurance industry.
We certainly understand that some people have a great need for the cost savings available for medical treatment abroad. But it’s also important to consider the protections available in a foreign jurisdiction if something goes wrong. After all, our American legal system is built on the foundation that society is safeguarded when wrongdoers are held legally accountable for their actions. If you have questions about medical malpractice, please call the experienced lawyers at Nelson MacNeil Rayfield and we will be happy to answer them.
Damages in a personal injury case, whether they be economic or non-economic, are generally limited to the coverage limits of the insurance policy. Often, this means that a person cannot sue an insurance company for a million dollars if the insurance coverage the defendant held only had a limit of $50,000. The most concrete way to think about this example is in the automobile insurance industry.
Despite that fact that the Constitution promises you the right to health care, no one has successfully sued the State for the non-delivery or lack of health care. Several test cases have concluded that, despite the Constitution and the Patients’ Rights Charter, the government has no absolute obligation to provide access to health care. Instead, the government is required to “progressively realise its obligations” to its citizens. In practical terms, this means, for example, that a patient who needs dialysis and cannot be treated because of a lack of facilities cannot sue the State.

If you suffer an injury or illness after medical treatment, and it was a known risk that your doctor did not tell you about before you agreed to the treatment, it could be malpractice. A court will consider whether a reasonable person would have consented to the treatment if they had been told of the risks. In some cases, the failure to get any consent at all may also be an assault or battery. If you have experienced an assault during medical treatment, you can contact the police.
The doctor was negligent. Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. The doctor's care is not required to be the best possible, but simply "reasonably skillful and careful." Whether the doctor was reasonably skillful and careful is often at the heart of a medical malpractice claim. Almost all states require that the patient present a medical expert to discuss the appropriate medical standard of care and show how the defendant deviated from that standard.
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