Patients are responsible too—as a patient, you have the power to manage your healthcare. You must give the doctor all the important information about your condition, your medical history, and any other relevant information. If you don’t, and that leads to an error in diagnosis or treatment, it will be your fault, not the doctor’s. As well, a doctor is not responsible for problems if you don’t follow the doctor’s advice and your failure causes the problem. For example, if you get sick after surgery, it would be hard to prove that a surgeon was negligent in operating on you, if you don’t follow the surgeon’s instructions for recovery.

The first step is a letter of demand, a letter sent by your lawyer to the doctor or health facility concerned, setting out your claim and the period in which the accused should meet it. Thereafter, getting a case to court can take up to four years. Accurate case data and hospital notes have to be gathered; records relating to the patient’s prior medical history, treatment at the hands of the suspected transgressor, and any subsequent treatment must be obtained. Then, lay witnesses must be found, expert witnesses briefed and court dates agreed on. In addition, both the patient’s medical condition and prevailing medical treatments have to be researched.

In addition to damages that are awarded to the injured patient, the patient’s family may recover compensation for loss of care, companionship, love and affection. If the medical malpractice victim dies, family members may be compensated for their wrongful death. Wrongful death damages may include medical and burial expenses, loss of income, emotional suffering, and loss of the deceased patient’s companionship and affection.
About three-quarters of mediations result in a satisfactory outcome, often within a day, but mediation is not legally binding until a written agreement is signed and the case can proceed to court. The NHS Litigation Authority launched a mediation service in 2014 for cases that have reached the compensation stage (contact the trust involved directly for more information). The Tutu Foundation also offers a mediation service (tutufoundationuk.org, tel 01865 514830).
Plaintiffs can also sue for the negligent infliction of severe emotional distress that they experienced because of someone else’s injury. This types of suit occur sometimes when a person has to witness the injury or death of a loved one caused by another person’s negligence. However, to succeed on such a claim one must be able to prove that their distress was an immediate and foreseeable result of the defendant’s behavior. In addition, the plaintiff generally must physically witness the accident in order to be able to recover for this type of claim.
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.

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.
You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.

Malpractice lawyers decline cases because potential compensation doesn’t justify legal costs, Knutsen says. It only makes sense to accept “high-value cases,” meaning those with potentially big claims. The decision rests on the “entirely distasteful” exercise of calculating the value of a life. “It’s cheaper to kill someone than to maim them. In our legal system, as long as you are alive, you have a claim for income loss and pain and suffering. If you’re dead, those claims expire,” Knutsen says.


In most states, first responders in a medical emergency situation (such as an EMT or a firefighter) are protected from lawsuits unless the first responder does something reckless or intentional. This protection for first responders does not apply to emergency rooms in hospitals, although in some states an emergency room doctor must act with gross negligence to be held liable for harm that occurs before the patient is stabilized.
Often, with major cases, focus groups are used to determine these kinds of situations. In a personal injury case focus group, a group of people volunteer to hear the facts of the case and then answer questions pertaining to the case so that the attorneys can get an idea of what the general public (and hopefully the future jury) is thinking. Knowing that a focus group of 20 people all thought the victim should be paid at least $50,000 can help a lot in determining a starting point.
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.

If you or someone you love has been injured by a doctor, you should also contact an attorney. However, you must realize that they may not take your case. The standard of proof for medical malpractice is much higher than most people realize. It is not possible to file a lawsuit over just anything and expect a multi-million dollar payout. But you should talk to an experienced malpractice attorney to see what they can do with your case and also to see if they can help you with dealing with the doctors or hospitals after the incident.

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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.

You will want to incorporate as many of these factors into your claim as you can. In addition, you will want to consult a personal injury attorney. Proving these types of cases can be very difficult, and an attorney can help guide you through the process and strengthen your case.schedule a free consultation with a personal injury and accident law firm.
Medical malpractice cases can be complex. It can sometimes take a medical expert to understand what really happened. Yet it is a jury of non-medical people who will decide whether you win or lose your malpractice case. Your lawyer and your medical expert witness must be able to present difficult medical issues to the jury in a way that is easily understandable and that makes common sense.
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.
A woman went on a cruise, where the cruise photographer took a photo of her even after she told him not to. The cruise photographer then photoshopped a gorilla head onto her photo, where it was displayed in a gallery with other passengers. For the duration of the cruise, the crew harassed her, even using a gorilla suit and making lewd comments to her, causing her to stay in her cabin. The Court held that the woman could sue for IIED because she had “good reason to be emotionally perturbed, humiliated, and embarrassed” by the conduct.[8]
Pain and suffering is a term used to define the physical and mental suffering that a plaintiff endures as a result of an injury. It is a component of the plaintiff's damages. So, in a medical malpractice case, the defendant health care provider can be liable for the harmed patient's pain and suffering, in additional to other damages like the cost of medical treatment and lost income.
I have been seen about 6 times for UTI ( bladder infection) Each time all my symptoms have been the same, but three days later (after they treat me for the bladder infection) the culture comes back negative. Finally today they said it could possibly be Bladder Cancer. I have had all the symptoms of bladder cancer and no body has ever taken the time to test me. So in all can i sue for them not looking more into this throughout the past two years when all these problems started happening? Since it could be cancer, and it could be too far along to treat.
Not every mistake or bad result means there was negligence—doctors and healthcare providers are not liable for every mistake. The law realizes that doctors often have to make quick decisions without the best information. The key question is this: did the doctor make a reasonable decision that other reasonable doctors would have made in the same situation—even if later it turns out to be the wrong decision that caused a bad result. For example, you complain to your doctor of severe head pain. They pay attention and examine you. They carefully take your medical history, listen to you describe your symptoms, and order the right tests. Using the results of this examination, they decide that you have an ordinary tension headache that will go away. Later, it turns out that your doctor was wrong, and the pain was not caused by a tension headache. The doctor’s diagnosis was wrong. But your doctor still provided the proper standard of care, the same care that other doctors would have provided in this case. The doctor was not negligent and you probably won’t win if you sue the doctor for malpractice.
The keys are 1) establishing the medical standard of care, meaning the level of care that was appropriate under the circumstances, and 2) demonstrating how the defendant fell short of meeting that standard. And in almost all cases, you’ll need the help of a medical expert witness to help you establish these things. An experienced medical malpractice attorney will be part of a network of professionals -- doctors, consultants, medical experts who have served in a variety of cases, and other medical malpractice attorneys -- and will utilize this network to locate and hire the right medical expert for your case.
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If you or a loved one have suffered from the negligent infliction of emotional distress, it is important to speak with a skilled personal injury attorney. Contact Arnold & Smith, PLLC today for a free consultation with one of our experienced personal injury attorneys about the merits of your case. Personal injury claims must be made within certain time periods of the injury or you lose the right to bring your claim, so time is of the essence in this area of law.

When you need medical care, you tend to rely on doctors whether it’s your primary care physician or a referred specialist to manage your health in the best way possible. You trust doctors to advise you about your health condition, medication, and routine care. However, there may be times when that trust is broken due to negligence. When medical mistakes or negligence occurs while you or a loved one is receiving medical care, the consequences can be devastating sometimes resulting in death or a lifelong debilitating condition.


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.
Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.

A misdiagnosis or delayed diagnosis itself is not evidence of negligence. Skillful doctors can and do make diagnostic errors even when using reasonable care. The key is determining whether the doctor acted competently, which involves an evaluation of what the doctor did and did not do in arriving at a diagnosis. This means looking at the "differential diagnosis" method the doctor used in making treatment determinations.
Mental anguish is an element of non-economic damages usually sought in personal injury cases, medical malpractice and sometimes defamation cases. Generally, "mental anguish"  translates to certain types of suffering that may include distress, anxiety, fright, depression, grief, or trauma. In many jurisdictions, plaintiffs may recover for mental anguish; however, some states set compensation caps on non-economic damages.

In light of the speed a physician must operate at in a busy emergency room, one can only expect that some conditions may be overlooked or misdiagnosed. This does not automatically mean they are negligent. A patient would have to be able to show that another comparatively competent doctor under the same circumstance would not have missed the right diagnosis. That can be difficult when the defendant is able to factor in a busy patient load. Misdiagnosis or delayed diagnosis alone is not a basis for a personal injury claim. The patient would have to be able to prove that by not accurately diagnosing an ailment, the condition progressed and negatively impacted the course of treatment. A good example of this would be a patient who complains of chest pain, is given antacids and then later suffers a heart attack. Had they been diagnosed correctly, preventive measures would have been taken. Instead, they now may need surgery to repair a damaged heart. There are many variables in a medical malpractice claim. The best option for the patient is to retain a medical malpractice attorney.


He had an infection plus an additional complication: His intestines had knuckled under beneath his skin. Ten days after the transplant, doctors operated again, removing 15 inches of dying intestine from Ciccotelli's gut and scraping out the infection. The hospital, which declined to comment for this story, didn't charge him for the clean-up procedures.
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.
Apparently, most of the medical malpractice lawsuits in the US are related to medical misdiagnosis due to the doctor’s negligence or failure to follow a standard procedure. They are also more common in the outpatient department since both the private sector and the government gives more focus on the safety of the patient who is under treatment in a hospital.
Medical negligence occurs when a doctor or other medical professional breaches the standard of care. In general, a standard of care is the accepted methods of treatment applied by other medical professionals in the area to patients with identical or similar conditions. A standard of care will vary depending on a number of factors, including geographic area, the age of the patient, and the medical condition.

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.


First, of all, I do not relish the fact that Dr. Sampley is being sued. He is a nice person; he was the treating psychiatrist when my daughter was admitted to the hospital cited in this article. My daughter was hospitalized on that occasion because she was unable to care for herself. She was unable to feed herself, go to the bathroom, communicate, etc. She was so catatonic and unresponsive to the environment, that her eyes were ‘glued’ in an open position. It was like being in a coma. You could move her arm in an outstretched position and her arm would stay that way indefinitely until it lost blood circulation. You could stick a needle through her leg and she wouldn’t respond. People in this MIA community who argue that ‘mental illness’ does not exist should reconsider how these kind of comments affect family members whose loved ones truly cannot care for themselves. The argument shouldn’t be whether ‘mental illness’ exists but how do individuals fall into conditions in which they are unable to take care of themselves and what is the role of iatrogenic harm and trauma in their mental and emotional condition. In my daughter’s state, both played a major role but I will keep this post as relevant as possible to Dr. Sampley and how his character/belief system is relevant to our movement.
Instead of suing someone for medical misdiagnosis, can you sue for misdiagnosis when it happened in a hospital? If this the case, then it depends on whether the doctor, who did the diagnosis, is an employee of that certain medical institution or not. When a hospital employee commits an error while doing his or her duties, the hospital takes full responsibility for the damages. The principle of an employer’s liability has indicated that any act or omission made by the employee during his or her employment, which has resulted in damages, losses, or suffering, can be liable to the employer, in this case, the hospital. That being said, when a doctor is an employed individual of a hospital, then all his or her actions are attributed to the medical institution, hence, suing the hospital for a misdiagnosis is possible.
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.
When trying to determine if a doctor was negligent, your Nevada medical malpractice lawyer will want to see if your doctor followed what’s known as the “standard of care.” In essence, the standard of care is how a reasonable and competent healthcare professional would treat a similar patient under similar circumstances. This takes into account a patient’s age, gender, ethnicity and geographic area – all of which are factors that can affect one’s health and help a doctor diagnose a medical condition and come up with a treatment option.
Patients are responsible too—as a patient, you have the power to manage your healthcare. You must give the doctor all the important information about your condition, your medical history, and any other relevant information. If you don’t, and that leads to an error in diagnosis or treatment, it will be your fault, not the doctor’s. As well, a doctor is not responsible for problems if you don’t follow the doctor’s advice and your failure causes the problem. For example, if you get sick after surgery, it would be hard to prove that a surgeon was negligent in operating on you, if you don’t follow the surgeon’s instructions for recovery.
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?
Expert testimony is required. Expert opinions are often a crucial feature of the patient's case. A qualified expert is usually required at trial. (And often, expert testimony or an expert affidavit is required at the malpractice review panel proceedings prior to commencing trial.) State rules vary as to what makes somebody qualified to provide expert medical testimony, but generally it is someone with experience in the particular field at issue. In a very limited number of circumstances, expert testimony is not required, such as when a surgical towel is left inside the patient after a surgery.
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