Doctors who fail to refer patients to a specialist can also cause a delayed diagnosis. A patient that complains of back pain and is sent home with muscle relaxers and pain medication can be at risk for permanent paralysis that an experienced neurologist could have prevented. For example, patients that go to an emergency room for treatment of severe stomach pain that are not seen by a gastrointestinal specialist could be diagnosed with the flu instead of a serious liver issue.
Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.
In order to prosecute an action for a tort to recover damages one must prove (1) an injury (in the generic sense, physical, mental or loss of property) (2) the actor who injured you owed you a duty not to injure you and (3) you have damages as a result of the injury. In the medical malpractice area (which is the tort for which you can sue a doctor), you must also prove that the care provided fell below the standard of care in your locality.
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.
Medical malpractice cases can be timely and costly, which is why most such cases are settled out of court. In addition, because medical malpractice insurance companies reject a significantly large portion of medical malpractice claims, it may be in your best interest to settle out-of-court or risk having no case at all. Keep in mind, however, that if you believe you have a strong case, then you should seek a larger settlement.
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.
Finding a qualified medical malpractice attorney can mean the difference between receiving compensation for your injuries and walking away empty-handed. An experienced attorney will be able to discuss the strengths and weaknesses of your case and advise you on a course of action moving forward. Begin by using FindLaw's attorney directory to contact a medical malpractice attorney today.
Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.
First, you need to figure out what the legal wrong was that you believe could form the basis for a lawsuit. Once you have figured out what it might be, you will need to research the elements of the case. Just because you feel certain something is wrong and should be addressed by the courts does not mean that it will resolve itself. You have to go through some very specific processes to secure your rights, and failing to do so could jeopardize your claim. These rules and procedures are not secret, and are actually quite easily found, but only if you know what you are looking for, where to look, and that you even need to look in the first place. This is why most people opt to hire an attorney rather than run a case on their own. Attorneys are specially trained and familiar with these procedures, and much less likely to miss something than someone without this experience who is trying to navigate this process for the first time.
There is a functional as well as a sentimental component to loss of consortium claims. In the spousal context, loss of consortium often requires that intimate details of the couple’s relationship be examined and made part of the public record. It is important to be aware of that before considering whether to bring a loss of consortium claim. The sentimental component may include the impact the injury had on a married couple’s sexual relationship as well as companionship (such as if the couple used to go out dancing frequently). The functional component includes services the injured spouse used to provide (such as taking out the trash and driving the kids to school).
Thomas found a medical malpractice attorney to file a lawsuit on her behalf. But then he withdrew, she said, because he wouldn’t make much money if they won. Thomas had just started a consulting business and didn’t make much. Because economic damages in lawsuits are largely based on lost income, she was told the potential rewards weren’t high enough, she said.
Inconsistency in one’s complaints can be a sign that the injured person is making something up. If, for example, someone with a back injury tells Doctor A one day that he/she is having pain down the left leg, tells Doctor B another day that the pain is down the right leg, and tells physical therapist C another day that he/she has never had pain down either leg, that person is going to have a hard time convincing anyone that he/she is having pain anywhere.
* Contingency fee model. An alternative to the fee-for-service model, where the injured party takes all the risk, is the contingency fee model. This option, provided for by the Contingency Fees Act of 1997, offers a mechanism for people with insufficient funds to access the courts if they have a good case. Under the terms and conditions of the agreement, lawyers provide their services on a “no win, no fee” basis. If the case is successful, the lawyers are entitled to double their fees to a maximum of 25 percent of the settlement, whichever is lower.
If a doctor fails to provide proper medical care, a person can sue them for medical malpractice. At the same time, the person can also complain to the College of Physicians and Surgeons of BC, the body that licenses all BC doctors, enforces standards for them, and handles complaints against them. But the College cannot order a doctor to pay you money—only a court can do that. Script 423, called “Making a Complaint Against Your Doctor” explains how to file a complaint.
In July 2003, Toney delivered a boy with profound deformities, including partial arms and legs. Toney sued Dr. Goyal and Chester County Hospital in 2005 for negligent infliction of emotional distress, alleging that Dr. Goyal did not prepare her for the shock of witnessing the birth. Toney said she experiences ongoing grief, rage, nightmares, nausea, hysteria and insomnia. The lawsuit did not include a medical negligence claim.
Kyle J. Shelton is licensed to practice law in both Arizona and California. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. You are encouraged to contact an attorney in your state to ensure that you receive the proper guidance/advice in your situation.
If a personal injury claim was always as simple as only having special damages, things would be more clear cut. However, a personal injury claim almost never ends at special damages. Oftentimes, an injured person also suffers non-monetary damages that one cannot easily place a price on. This is the problem with pain and suffering claims, and thus the need for a way to calculate a number that is fair for the insurance company and the injured victim and family.
Hospitals’ duties—hospitals have a duty to exercise a proper standard of care. A hospital’s duty is to take reasonable care in running the hospital to avoid harming patients. This includes appointing enough competent staff, ensuring that the staff act within their competence level, ensuring timely treatment, and taking the right steps to protect patients from infections from other patients. Hospitals normally have someone to handle complaints about healthcare they provide.
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.