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.
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Imagine you’re at the point where you’ve completed your medical treatment and therapy. You still have some lingering pain, but the doctors cleared you to return to work. It’s time to prepare the documentation for your settlement demand letter. You’ve totaled your special damages, but aren’t quite sure how to assign an amount for your pain and suffering.


The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.

Unlike regular insurance firms, the CMPA fights cases, even if settling would be cheaper. “(We) recognize that the reputation of any professional is highly important to their ability to continue to pursue their career. Accordingly, when the CMPA believes the care provided was appropriate, we provide the physicians with an appropriate and ethical defence,” says the CMPA’s Dr. Douglas Bell. Toronto lawyer Paul Harte argues the strategy intimidates many lawyers from bringing cases forward and denies injured patients access to justice.
Having a rude, seemingly pompous doctor is unpleasant, believe me I know. However, medical malpractice law comes right out and says in black and white that an unfortunate medical result does not make a medical malpractice case. A medical malpractice case requires a demonstration that there was health care that fell below the average standard of care, and that this below-average care directly caused injuries.
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”.
The patient must prove that they suffered pain, lost wages, have costly medical bills, or have experienced a significant loss in the quality of their life or in their ability to live independently because of the misdiagnosis or delayed diagnosis. Compensation for pain and suffering may be available to the patient in addition to compensation for their physical injuries.
All medical doctors owe their patients a duty of care to act reasonably under the circumstances. This means that they must act as a “reasonable doctor,” who works in the same geographical area as the defendant doctor, would act under the same or similar circumstances. Doctors who are specialists are usually held to a nationalized standard of care when it comes to medical negligence cases.
Properly illustrating your pain and suffering damages at trial for the jury to understand is essential in order to be adequately compensated for your injuries. As stated above, while juries may have a relatively easy time determining the amount of compensation for economic damages because those are numbers can be seen reflected in medical bills and documented lost wages, they often struggle with placing a monetary value on someone’s pain and suffering because these are admittedly abstract concepts.
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.
But it doesn’t get much more complex than a medical malpractice case. You’ll need to prove complicated legal and medical issues like the applicable medical standard of care that the doctor should have complied with in your case, and you’ll need to be prepared to refute the other side when they come to the table with their own medical evidence. What’s more, many states require medical malpractice plaintiffs to jump through certain procedural hoops at various points in the case.

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.
Since medical malpractice situations can create unexpected medical expenses, it is important to speak with a medical malpractice lawyer about filing a claim against the negligent doctor or medical organization. The earlier you begin the legal process, the closer you may be to receiving an explanation regarding why the medical malpractice situation occurred and who was at fault.

Differential diagnosis is a systemic method used by doctors to identify a disease or condition in a patient. Based upon a preliminary evaluation of the patient, the doctor makes a list of diagnoses in order of probability. The physician then tests the strength of each diagnosis by making further medical observations of the patient, asking detailed questions about symptoms and medical history, ordering tests, or referring the patient to specialists. Ideally, a number of potential diagnoses will be ruled out as the investigation progresses, and only one diagnosis will remain at the end. Of course, given the uncertain nature of medicine, this is not always the case.


32. We are also cognizant of the fact that in a case involving medical negligence, once the initial burden has been discharged by the complainant by making out a case of negligence on the part of the hospital or the doctor concerned, the onus then shifts on to the hospital or to the attending doctors and it is for the hospital to satisfy the Court that there was no lack of care or diligence. In Savita Garg (Smt.)vs. Director, National Heart Institute (2004) 8 SCC 56 it has been observed as under:
Search for disciplinary sanctions. Visit your state’s disciplinary board to see if the attorney has been sanctioned in the past. Attorneys are sanctioned for ethics violations, such as disclosing client confidences or failing to respond to client emails. They are not sanctioned for failing to win cases, unless their performance was so low as to be negligent.
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.
My ex husband and I have been divorced for 5 years now. He has primary physical care during the school year and I have primart during the Summer. Ever sense the divorce he has made my life a living nightmare if he doesnt like something or if its not what he wants. In results to all of this through out the year made me have suffer from depression. What can I do?
This is often the most difficult part of medical negligence cases and even lawyers have trouble getting their heads around it sometimes.  You may be able to prove that a doctor did the wrong thing, but you also have to prove that what happened next was the result of that wrong thing and you have to prove that it would not have happened if the wrong thing had not been done.  Deciding whether or not this is the case involves both factual and legal issues and is sometimes very hard to do.  You really need a lawyer who is highly experienced in medical negligence cases to look at this for you.
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.
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.
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.
Figures released in September 2015 by the Democratic Alliance’s Gauteng shadow MEC for health and member of the provincial legislature, Jack Bloom, show that R540 million was paid out by the Gauteng Provincial Department of Health as compensation for medical malpractice between 2010 and September 2015. This is money that would otherwise have been used to provide health services, Bloom says.
To establish whether or not your doctor has been negligent they will have to be shown to have been in a position where they owed you/the patient a duty of care and that you or the patient suffered direct harm as a result of their negligent management of this care. The decisions the doctor made and the treatment they gave will be assessed. If it is found that they acted in a way in which other doctors would not have acted, and this resulted in a negative effect, you will have grounds to make a successful medical negligence claim.
“This is a good step; it provides an avenue for potential litigants to engage with service providers they believe have been negligent. Such a process assumes the willingness of both parties to engage in good faith, and to compromise, if this is appropriate,” Dinnie says. “Where the matter at hand is relatively simple and perhaps the quantum of the possible award is not that significant, it provides a way forward. I am not sure how effective such an option would be in a more complex case where the stakes were higher, the possible longevity of the victim was in dispute and the quantum of the award was higher.”
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.
If you have been  harmed due to a healthcare provider failing to diagnose a medical condition, or misdiagnosing one, you may be considering the question – “can I sue a doctor for misdiagnosis?” The short answer to this question is “maybe”.  To provide an accurate answer, it is necessary to take a more in-depth look at the facts surrounding your situation.
In most cases of medical negligence, you can only file a lawsuit with your doctor. Since most doctors are independent contractors, the hospital or facility is usually not liable. Sometimes other related health care professionals can be sued if they contributed to causing you harm. These professionals include nurses, lab techs or other medical specialists.
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.
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.
While such an idea once sounded like pure science fiction, it would present enormous opportunities in business, leisure, and medicine. Imagine, someone with a rare disease or medical condition could quickly travel anywhere in the world to obtain the best treatment option. In fact, this is already occurring, as people travel to numerous places for both medical and dental treatment. But, as we all know, sometimes medical treatment goes wrong, and this raises an interesting question. Can you sue doctors in other countries for medical malpractice?
All articles and content provided in this website are for informational purposes only and are not intended to constitute legal advice. Neither the state bar of Nevada nor any agency of the State Bar has certified any lawyer identified here as a specialist or as an expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability. Nevada Rules of Professional Conduct Rule 198 (2002).
A misdiagnosis of any type of medical condition, whether it would be a disease, illness, or injury, is one of the leading causes of lawsuits related to medical malpractices. It is apparently a medical error that happens when a doctor inaccurately diagnosis a sickness, leading to a delayed, incorrect, or no treatment at all. As a result, a patient may be in a worse situation, or possibly cause an untimely death.
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.
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Proving medical negligence in these cases is inherently difficult and technical work. Furthermore, juries tend to favor the doctor in medical malpractice trials, making winning a lawsuit – or even a settlement -- against a doctor tricky. This is why these types of personal injury cases are often referred to lawyers whose regular caseload includes a good portion of medical malpractice cases. You’ll need an experienced attorney to successfully sue a doctor.
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