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.
Thank you for your response. I guess what it comes down to if I want to see any money out of this is to first spend the money at a doctor (as I mentioned I hate hospitals, and E.R services are the only ones who bill you after the fact.) I just don't understand why one would have to pay a professional to examine something and tell me what I already know, that no bones were broken and I'll just be sore for awhile. The company has video of my being hit by this equipment, a couple employees saw it. I documented the bruising after. Why do I need someone to tell me "you'll be alright, it'll just be sore for awhile," to justify what happened to me that day, did happen, and it was in no fault of my own? The fact that it happened, was witnessed & recorded, & I have photos of the bruising, isn't enough for me to win in small claims court?
If the medical incident that injured you occurred at a hospital, such as with a botched surgery or a post-operative infection, then you must inform the hospital as well. This will launch an internal investigation into the incident. When you contact the hospital, you should also inform them that you want to be included in the investigation. They should contact you about providing your side of the story on the record. This can also help with later litigation as the hospital may uncover evidence during this investigation.

It should be noted that insurance companies are under no obligation to use the above methods when calculating pain and suffering. Many companies use complicated computer programs to decide how much should be offered for pain and suffering. These programs take into account all of the above factors and some others that most people wouldn’t think about.
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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.
The most common type of injury that leads to an award of pain and suffering damages is a severe physical injury that causes physical or mental anguish for a period of time following an accident. For example, a head injury suffered in a car crash that results in a persistent headaches and emotional problems could potentially lead to the awarding of pain and suffering damages.

Finally, you should also report the incident to a state regulatory agency for further investigation and possible punitive action. Although many of these punishments will be less than what you may want, it still creates a paper trail that can be presented as evidence in a civil case. Doctors and nurses should be reported to their regulatory boards. State health departments are in charge of hospitals and nursing homes, so they should be contacted if the incident occurred at one of these sites.
If for instance, you or someone you know had been misdiagnosed, then can you sue for misdiagnosis? The answer is yes, sometimes you can sue for a misdiagnosis but not always. The first thing you need to know is; were you harmed because of the misdiagnosis? And then you need to answer; were you able to receive a treatment that was not supposed to be given to you? Was it too late for you to get the treatment because you were misinformed? Or will something undesirable happen to you because the doctor did not catch it earlier?
For example, insurance companies will most likely consider injuries treated by a doctor or specialist to be more serious than injuries treated by a chiropractor. Insurance companies will also do their own reasoning to negate some of the most concrete concepts, like the length of treatment. If they think you didn’t need to your doctor for that last appointment, they will not include that time in the pain and suffering calculation.
I’d advise instead to try mediation, a grossly underused method that is effective, less stressful and a hell of a lot cheaper than going to court. Mediation is a relatively new concept in the NHS and takes the form of an independent, voluntary and confidential meeting in which a trained neutral sits with patients and NHS staff to allow both sides to outline their position, and see if common ground can be established and if issues can be narrowed and an agreement reached.
* Fee-for-service model. Taking a malpractice case to court could cost over R200 000 due to the high fees advocates and attorneys charge. A decision on costs will be made by the court and will depend on the merits of the case. However, even if the case is successful, the awarded compensation might be less than the legal costs, and if the case is unsuccessful, you might have to pay your legal fees, as well as the those of your doctor.
Most people know that if a hospital makes a mistake that hurts them, they can sue the doctor or nurse or hospital in state court under state medical malpractice/ negligence laws. What most people, including many lawyers and doctors do not know is that you can also sue hospitals for failure to evaluate and/ or stabilize a medical condition that causes harm to the patient under a federal statute. The statute is commonly referred to as the Emergency Medical Treatment & Labor Act (EMTALA).

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.
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.
You will first have to find out whether you have bladder cancer to see if you even have a case. If you do have cancer (and I hope that you do not) then you would need a medical expert to be willing to say that your doctor that was treating your for the UTI's failed to diagnose you as having cancer as soon as they should have diagnosed you. This is the hard part of proving this case.
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.
It is very common for an injured person to consult a lawyer saying ‘if Dr Smith had told me I would end up like this I would never have agreed to the procedure’.  While the saying ‘hindsight is always 20/20’ is often appropriate, there are situations where an injured person could and should sue their doctor or other professional for failing to warn them of significant risks of a procedure.
Intensity. The more intense the mental anguish, the better chance you have of proving that your emotional distress was severe enough to deserve compensation. In some cases, however -- particularly, cases alleging negligent (rather than intentional) infliction of emotional distress, courts will typically require some sort of physical injury as well.

For example, your neighbor started a fire on purpose in your garage with the intent to kill you. If you started having panic attacks that led to fainting, you might have a case. In this type of situation, the physical injury is a direct result of emotional distress. But if an employer screams and makes threats at an employee, this might not count as outrageous conduct. Even if it's rude and insensitive, it might not count as emotional distress.[2]


If for instance, you or someone you know had been misdiagnosed, then can you sue for misdiagnosis? The answer is yes, sometimes you can sue for a misdiagnosis but not always. The first thing you need to know is; were you harmed because of the misdiagnosis? And then you need to answer; were you able to receive a treatment that was not supposed to be given to you? Was it too late for you to get the treatment because you were misinformed? Or will something undesirable happen to you because the doctor did not catch it earlier?
A physical impact is not necessary for an emotional distress claim when there is a breach of fiduciary duty, the superior court said. Doctors have a legal and ethical responsibility to care for patients' well-being and, under the circumstances, it was reasonably foreseeable that Toney would endure emotional distress during the birth of her son, the court said.
In fact, filing a civil suit against your doctor does not even guarantee that he will be investigated. In order for your doctor to be investigated, a complaint would have to be filed against him with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) is responsible for investigating complaints about physicians, physician’s assistants, and specialist assistants. An investigation may lead to a formal hearing before a committee of the Board for Professional Medical Conduct.
In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.

“A significant problem with the court process, as it stands, is the determination of life expectancy (especially with babies), which is fraught with difficulties. Parents may receive too much or too little compensation; causing strain for the system or unnecessary financial duress for parents. Medical expense awards are also estimated at private-patient rates (as much as 50 percent higher than medical scheme rates) – unnecessarily so, as most patients have medical scheme membership, with an already agreed, reasonable tariff,” Kellerman says.
As you read this, don't assume she passed because of her heart. The surgery was successful, as expected. It was the aftercare that killed her: Avoidable infections, overdose of heparin, lines becoming dislodged, a doctor collapsing her lung while removing a drain tube. It seemed endless but was only 95 days. One heart surgery with a 99.9 percent success rate and a week of recovery in the hospital turned into three heart surgeries, an exploratory abdominal surgery and seven hospital associated infections and 95 days later, her death. I wish there were a medical court (of sorts) that patients could go to without an attorney. They could file a complaint and sit in a room with the doctor, nurses, specialists and a panel of “judges” and plead their case. Ask their questions. No attorneys. No “specialists.” Just a place to get answers, and, if needed, monetary compensation. Personally, I just wanted answers.
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.
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.
Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, turns on whether the patient would have received the same standard of care from another medical provider under similar circumstances.

Notify the professional's malpractice insurance company of your claim. Although the professional should take this step on his own, you better protect your interests by making such a notification on your own. In most states professionals legally are required to provide a client with the name of their malpractice insurance carrier. If you fail in getting this information directly, the state licensing authority for a particular professional should have a record of her malpractice insurance carrier.
If you think you’ve been a victim of medical negligence at a hospital, you should speak to a lawyer as soon as possible. The statute of limitations, or the legal timeframe in which one can bring a medical negligence suit, begins once the injury is known or should have been known. The Florida statute of limitations for medical malpractice claims is generally 2 years-absent some exceptions that can extend the period up to 4 years or 8 years for infants.

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.
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.
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