MPS insures doctors in the private sector. According to its figures, thought to be conservative by some practitioners, the number of claims increased by 27 percent between 2009 and 2015, and claim size escalated by an average of 14 percent over the same period. At the Medico-Legal Summit, a once-off event convened by the Minister of Health, Dr Aaron Motsoaledi, in March 2015, MPS’s head of medical services in Africa, Dr Graham Howarth, said that the highest claim currently, lodged in 2013, was for R80 million.

Our most vulnerable people, including those who have experienced extreme states such as ‘catatonia’, hearing voices, delusions, etc are being institutionalized, forcibly shocked and medicated, and routinely stripped of their civil liberties; Meanwhile, we continue to argue how many angels can fit on the tip of a needle and focus our limited resources on the worried well.

Damages for negligence—if you prove there was negligence and the negligence caused your injury or illness, a court may order the doctor, hospital, or healthcare provider to pay you damages for the harm the negligence caused. This can include lost earnings, medical and other expenses, pain and suffering, and loss of enjoyment of life. This last category is the court’s attempt to compensate you for the effect of the negligence on your life, in general. The doctor is responsible only for the harm that their negligence caused. For example, say you consented to surgery that would require you to take 2 months off work to recover, if done properly. But the surgeon was negligent and as a result you had to take 6 months off. In this case, you would be paid only for the extra 4 months of lost earnings caused by the negligence. You would not be compensated for the first 2 months off because you had consented to that. And you still would have had to take the 2 months off if the surgery had gone as planned.
Current pain and suffering is the time period from the time of your injury, to the completion of all your medical treatment. Future pain and suffering are more broad, as the exact time frame is unknown. Your injury may cause you to endure both physical pain and discomfort, and emotional pain, such as depression, anxiety, post-traumatic stress, memory loss, or insomnia.
As we reported, the medical malpractice system often discriminates against certain patients, particularly those with low incomes. Those who can’t get representation ­— often women, children or the elderly — are sometimes called the “hidden victims” of medical malpractice. Studies show that the problem isn’t limited to states that have strict limits on malpractice awards.
As to what constitutes severe emotional distress, the courts here require that it rise above the level of temporary fright, regret or disappointment. Rather, the plaintiff must be able to show that they suffer from a severe and disabling emotional or mental disorder that mental health professionals generally recognize and diagnose, such as chronic depression, neurosis, psychosis or phobia.
On the other hand, you may have a great case if the treatment made your condition worse. For example, imagine that your doctor diagnoses you with high blood pressure when you're really just showing a temporarily high reading due to stress and pain. The blood pressure medication causes your blood pressure to fall too low and you end up in the intensive care unit for a week at the hospital.
You may also have suffered financial loss as a result of your GP’s negligence if, for example, the time you have been required to take off work because of your injuries or illness has been prolonged due to the negligent act or omission of your GP. Suing your doctor may seem like a daunting prospect but it does not need to be with 1st Claims. We will support you every step of the way.
In addition to notifying a health care provider that you intend to file a lawsuit, prior to filing suit in most jurisdictions, the injured patient must usually submit an affidavit or certificate from a qualified expert. This affidavit or certificate is usually completed by another doctor who can testify that there are reasonable grounds to determine that medical negligence or medical malpractice took place in a given case. Again, the exact requirements of the certificate vary from state to state and across jurisdictions.
Certainly, anyone who travels internationally could foresee a circumstance leading to medical treatment abroad. Automobile accidents, heart attacks, illness, and other unexpected medical emergencies can occur overseas during travel, just like they do at home. Moreover, the concept of “medical tourism” is popular with millions of Americans. Medical tourism refers to people that visit a country other than their own for medical treatment. Sometimes, people go abroad to seek treatment, such as a particular drug for a particular disease, that is not permitted in the United States. Other instances include people visiting countries that have well-trained doctors who can perform surgeries, both elective and otherwise, at a cost much less expensive than in the United States. In fact, savings can be as much as 88%, even after factoring in the cost of travel!

Failure to diagnose and misdiagnosis of an illness or injury are the basis of many medical malpractice lawsuits. Misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors give rise to a successful lawsuit. Even highly experienced and competent doctors make diagnostic errors. Instead, the misdiagnosis or failure to diagnose must result in improper medical care, delayed treatment, or no treatment, which in turn must result in a worsening of the patient's medical condition in order for the malpractice to be actionable.
But what do you think? I would love to hear from you! I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com . You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.
The standard of care—this varies with the level of specialty of the doctor—the standard may be higher for specialists. And it varies with time—today’s standard may not be good enough next year. You can’t always expect the best care available at the most sophisticated research hospital. The standard of care may be affected by the level of hospital that treats you.
In another case, the Appellate Division of the Supreme Court of the State of New York allowed a couple to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff's embryo in another woman. Although neither plaintiff was physically injured by the implantation, both suffered emotional injury due to the defendants' breach of their duty of care, the court said.
At Walker Head Lawyers, our full service boutique firm has developed a reputation for putting client’s as our first priority. Our lawyers are well known in the Durham Region and have provided legal counsel on a variety of legal matters since 1980. Our firm services clients on a wide range of legal matters including but not limited to personal injury law, family law, corporate law, real estate law, business and corporate law, civil litigation, employment law, wills and estates law, estate litigation, class action lawsuits as well as municipal law matters. Contact our office today and request a consultation with a member of our legal team.
Every physician owes patients a reasonable standard of medical care. If a physician fails to perform at the accepted standard and a patient suffers as a result of his or her actions, the patient reserves the right to file a malpractice claim against those responsible. Failing to take appropriate steps during the diagnostic process and to make reasonable diagnoses based on the evidence does constitute malpractice, and you can sue your physician for the intentional or negligent mistake.
The Florida Supreme Court has explained what plaintiffs must prove in order to recover emotional distress damages. The simplest way to prove emotional distress is with a physical impact that results in a physical injury, like a car accident. It’s not hard to prove that emotional trauma often accompanies physical trauma. However, a plaintiff may also demonstrate emotional distress by proving that he or she:

I was recently abruptly terminated by my employer of 17 years. I worked for a relatively small (25-30 employees), family-owned, manufacturing company in a niche market, in the position of general manager for the past 10, and was responsible for distributor relations, trade shows, etc for the entire 17. Without any warning, I was terminated via text message in December. I didn't have the opportunity to speak with any of the customers that I had formed relationships with over the years, to clear out my office of 17 years of accumulated personal belongings, or to even speak with anyone regarding my termination. I was sent a letter from an attorney representing the company instructing me that I was not to attempt to contact the company directly. My belongings were (literally!) thrown into a couple of boxes (picture frames and momentos were broken), and shipped to my home - I live 2 miles from the company. A friend - still employed there, noticed some of my personal things; including a 5x7 school photo of my family, in the trash, and retrieved it and other items to return to me, but had to leave the soiled items in the trash. I have no record of disciplinary problems nor any reason to have anticipated any of this. I feel stripped of my dignity, my reputation, my friends. I went from making $75,000 yr to less than $400 wk on unemployment. Since my termination I understand that the a family member of the owner has taken over many of the responsibilities that had been mine, leading me to believe that this was likely the motive, and while I understand family ties and obligations, and realize that no labor laws have been broken, it was done maliciously, knowing the devastation it would cause to me.


Special damages are damages that one can easily place a monetary value on, like medical expenses or lost wages.These are the injured’s out of pocket expenses. Since these types of economic damages can be easily calculated (i.e exact amount of medical bills or exactly how much time missed from work multiplied by wage), they are often the more easy to obtain damages.

To be able to file a medical negligence claim, you must ensure the statute of limitations (or time period in which you can file a claim) has not expired. The statute of limitations for medical negligence claims will vary from state to state, so it is important to consult with your attorney about how long you have to file your lawsuit. In most states, this window of time is about two years.
Examples of medical malpractice involving doctors include making surgical mistakes, leaving medical instruments inside the body during a procedure, cutting tissue in error, interpreting test and lab results incorrectly, resulting in the wrong diagnosis, or treating a condition inappropriately. Examples of malpractice involving nurses include failing to communicate new symptoms to doctors, administering the wrong type or dose of medication and failing to use equipment correctly.

Many medical malpractice cases involve significant harm to the patient, the need for a long-term course of (very expensive) health care, and even the prospect of lifelong disability. Add that to the fact that you’re going to need to hire a qualified medical expert witness (an expensive but necessary step), and it’s easy to see how losing the case could be devastating.
This is probably the number one reason why you don’t want to sue your doctor. While it is true that most lawsuits can take some time to become resolved, it is well worth the wait. However, there are ways to speed up the process: file your lawsuit as soon as it is determined that the case has merit and make sure that the court imposes deadlines for every step of the lawsuit, such as specific dates for depositions, defense medical examinations, and the exchange of discovery responses. This will prevent the lawsuit from the inevitable delays presented by defense attorneys and their insurers and keep the case on the proverbial “fast track” to trial.
Costs of suing—some lawyers will work for a contingency fee, meaning the fee depends on the result of the case. If you lose, the lawyer gets nothing. If you win, the lawyer gets part of your compensation award. Win or lose, though, you usually have to pay the expenses of suing, which can be thousands of dollars, especially if you have to hire experts to help prove your case. The Law Society regulates contingency fee contracts to ensure they are fair to clients. For more information about lawyers’ fees, check script 438, called “Lawyers’ Fees”.
These factors all have to do with human nature. If you don’t like somebody, why would you help that person? Jurors feel the same way. If jurors don’t like someone who is going before them asking for money (i.e., a plaintiff in a malpractice case), they are not going to give that person much money. A likable plaintiff who is a good witness is going to do a lot better at trial than will an unpleasant plaintiff who is a forgetful, argumentative witness.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
My younger brother died almost 2 years ago. He coded (his heart stopped beating) a couple days after a colostomy procedure. The doctors rushed him into surgery as he was clearly bleeding internally. They didn't find the source of the bleed, but after looking for a while, gave up and closed the surgery anyway. He continued to bleed, which led to two more surgeries, more complications and his eventual death.
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.
One example might be a person who survives a car crash in Knoxville in which a loved one dies. If the plaintiff can prove negligence, then any mental or emotional suffering resulting from the accident might be a recoverable damage. Seeing a loved one killed in an accident would traumatize anybody, but not every case of emotional distress will be so clear.
When suing a hospital or a doctor, you usually seek to recover past and future medical bills, lost wages, and other financial losses. But you can also seek compensation for pain and suffering. Generally, a person can pursue a claim for pain and suffering when they are injured due to negligence and experience either pain or suffering, individually or combined.
My younger brother died almost 2 years ago. He coded (his heart stopped beating) a couple days after a colostomy procedure. The doctors rushed him into surgery as he was clearly bleeding internally. They didn't find the source of the bleed, but after looking for a while, gave up and closed the surgery anyway. He continued to bleed, which led to two more surgeries, more complications and his eventual death.

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.
If you don’t file a medical malpractice claim or lawsuit against your doctor within the prescribed time period, absent some exceptional circumstances you will be barred from seeking monetary compensation for the injuries and damages you sustained. A medical malpractice lawyer should know the statute of limitations deadline in your jurisdiction and can work to make sure that a claim or lawsuit is filed in your case in a timely manner.
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