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?
Since the law in Tennessee leaves room for a judge or jury’s interpretation of what might constitute emotional stress, it is important for an attorney to help you gather the right evidence or expert testimony to make a persuasive case. An attorney with the Law Offices of Ogle, Elrod & Baril, PLLC can help. Call 865-546-1111 today to arrange a free consultation.
Delayed diagnosis—if a doctor fails to diagnose a medical condition that a reasonable doctor in the same situation would have diagnosed, they would be negligent. The question then becomes whether the failure to diagnose caused any injury or loss to the patient. Sometimes, a delay in diagnosis can mean the difference between being curing or not curing the condition. Other times, a delay in diagnosis may not have made a difference. In that case, the patient could not recover anything from the doctor. 
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.
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.

If you have had a situation in which you were suffering from a serious disease and your doctor could not identify it. Because of which you suffered an injury or even life-threatening condition, you can go to your lawyer and talk to him about this condition. In such injury conditions or life-threatening conditions, the suffered person can sue his doctor and claim a monetary compensation from that negligent doctor.


Successful lawsuits require proof that physicians failed to meet the “standard of care” other reasonable doctors would have and that the failure caused injury.That’s hard, Knutsen says, especially since it’s easier for doctors to find — and pay for — physician experts.“What was the cause of this person’s misfortune? Could it be the cardiac arrest or disease they showed up at the hospital with? Was it a pre-existing condition? Was it someone else’s fault?” he asks.

If you were injured on the job, workers compensation would pay pain and suffering damageshttp://st. petersburg car accident attorney; however, workers compensation does not pay for pain and suffering. Workers compensation would only pay for lost income and medical treatment to the injury victims. As a consequence, the insurance settlements for personal injury are generally higher than for work injuries.


Our dedicated team of experienced attorneys bring years of successful litigation and courtroom experience to offer a fresh outlook for all your legal matters. Regardless of the complexity of your situation, our team can provide you with a thorough evaluation of your case and current legal standing. To request additional information regarding our services, please reach out to our offices at your earliest convenience by calling 866-640-7560.
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.
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).
When it comes to determining the extent of physical pain, there are no computer programs to rely on. Each of us experiences pain differently. Even with today’s advanced medical technology, the best method doctors have for measuring a patient’s pain is a self-rated pain scale. This is when a doctor asks, “On a scale of 1 to 10, how would you rate your pain?”
In order for you to determine whether or not the care your grandmother is receiving has fallen below the standard of care you need to consult another physician for a second opinion. Even if you were not thinking about lawsuits, generally a last resort, you should be consulting another physician, that you have confidence in, to ensure that your grandmother is NOT injured. Lawsuits will not repair damage to her. You only have one of her in this lifetime, do everything you can to advocate for proper and adequate care for her. She needs you, not a lawsuit.
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.
Although it is not unheard of for a doctor to alter medical records, it is extremely rare. If your doctor does alter your medical records, this fact alone will not irreparably harm your case. There have been major advances in forensic technology over the past years. It is now possible to detect changes in ink, spacing, and handwriting that may have been made by your doctor when he tried to alter your records.
More and more people in South Africa are taking their doctors and other healthcare professionals to court for medical malpractice – so much so that the increase in litigation is contributing to our high medical inflation. But you can’t take such action lightly: the legal process is fraught with pitfalls and can be very drawn out, and the costs can be high. You need to be sure of your case, and of all the hoops you’ll have to jump through, before pursuing a claim.

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.
The law protects you against any doctor providing you with substandard care. It is possible to sue a doctor who works in an NHS hospital, a private practice or a GP's surgery. Also the law understands that if a doctor has been negligent towards you, you may not always be able to make a claim for yourself. It is possible to sue a doctor for negligence on behalf of yourself, your child, an elderly relative, an individual who has passed away or another loved one who is unable to make the claim themselves.
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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.

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Proving emotional distress can be difficult but plaintiffs will generally be able to seek damages if they can prove that there was a harm that could be objectively discerned. This harm could include psychoses, depression, neuroses, phobia, etc. Medical reports and personal testimony that outline the physical symptoms that resulted from the emotional distress are very important in proving this distress and will likely be necessary when seeking damages. Your Baltimore medical malpractice attorneys can guide you on what you need to do in order to prove objective harm.

Because her breast cancer had not been treated in time, it had actually metabolized—or spread—to her lymph nodes. She immediately underwent a mastectomy and began a radiation and chemotherapy routine. However, because of the advanced stages of this cancer, it spread to her bloodstream and to her bones. As noted at trial—and looking at the facts of the spread of cancer—she might not live for much longer.


If you don't have a record of your physical symptoms that relate to your emotional distress, you may still have a case. It will be a lot tougher to prove that your issues are directly connected to the incident in question. Severe emotional distress like prolonged extreme social anxiety or paranoia may be enough to collect damages. [3] If you don't have proof of related physical symptoms, talk to a lawyer. You can ask if you have a case. [4]
In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
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.

Since the law in Tennessee leaves room for a judge or jury’s interpretation of what might constitute emotional stress, it is important for an attorney to help you gather the right evidence or expert testimony to make a persuasive case. An attorney with the Law Offices of Ogle, Elrod & Baril, PLLC can help. Call 865-546-1111 today to arrange a free consultation.
A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
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