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.
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.
Unfortunately there are no limits on how long they can take to deal with your complaint, and it can depend on factors such as how many staff they need to speak to and how easy it is to access your medical records. But be persistent. If you’ve been waiting for more than six months for it to be resolved, you can report it to the independent Parliamentary and Health Service Ombudsman (ombudsman.org.uk).
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.
The study recommended reforming the system by increasing funding for legal services, so attorneys could be compensated for their time; making defendants who lose a case pay the plaintiff's attorney fees; or sending malpractice complaints to an administrative system with neutral adjudicators and medical experts so patients wouldn't need an attorney.
Others may be responsible—if a doctor delegates work to someone else, the doctor may still be legally responsible for the work. If a doctor leaves a patient in the care of another doctor, both doctors may be responsible. If an inexperienced intern performs the duties of a doctor, the intern has to give the same medical care the doctor would give. But a doctor can rely on the employees of a medical facility and expect that they’ll meet the standard of care required in their jobs. So if a doctor leaves proper instructions with a nurse who doesn’t follow them, the nurse, not the doctor, may be responsible. Or both may be. If a person is harmed by the negligence of another healthcare professional, they can sue that professional. They can also file a complaint with the regulatory body for that profession. For example, the College of Registered Nurses of BC licenses nurses. The Emergency Medical Assistant Licensing Board licenses paramedics.
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.
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.
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.
Damages from pain and suffering are, therefore, subjective. There is no formula and certainly no standardized calculation for pain and suffering. It is the job of the jury (or the judge if there is no jury) to determine what is fair and reasonable, which they will often do based on their own life experiences. The jury will consider whether the plaintiff is credible and sympathetic. This subjectivity means that damages from pain and suffering can vary tremendously from case to case -- even if the underlying injury is the same.
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.
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.
For example, the Court of Appeals of Texas said in 2006 that the parents of a stillborn baby could sue the Harris County Medical Examiner's Office for causing mental anguish after the office allegedly lost the baby's body during an autopsy. The court said the county's relationship with the parents constituted a "special relationship" under which mental anguish damages were allowable in the absence of physical injury.
Yes, you could, but probably not nearly as effectively as a lawyer could.  In fact, the cases can be so difficult that most personal injury lawyers do not handle medical malpractice claims. A medical negligence claim is very technical.  A medical malpractice lawyer has the familiarity with the requirements necessary to prove the departure from the standard of care, the resources, the money, and the experience to advocate for you in a trial. In most states for most medical negligence claims, each claim needs an expert witness, who is either a doctor or a nurse.  Some cases require multiple experts.  The cases are very expensive and the hospitals know it. Make sure you chose a lawyer that specializes in medical malpractice and has the resources to handle your case.
Generally before you can sue a doctor, in California anyway, you must get a second opinion from another doctor that the care you received by which you were injured and suffered damages, was below the standard of care. More generally then you cannot sue anybody for anything and the popular misconception that you can do so is unfortunate as our judicial system consists of a myriad of checks and balances including the one I am describing here.
98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.
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.
“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.

A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?
One attorney wrote to us that my Dad’s age was above the average life expectancy, and therefore it “seriously reduces the damages likely to be awarded for loss of future life earnings. Certainly this does not excuse the poor care he received but this makes the case economically untenable as the expenses will likely eat up the majority of likely recoverable damages. We do not have punitive damages in Washington (state) that an outraged jury could award to punish the Dr. and Hospital for their callousness. For these reasons our firm does not wish to undertake this case.”
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.
Some damages that might come under this category would be: aches, temporary and permanent limitations on activity, potential shortening of life, depression or scarring. When filing a lawsuit as a result of an injury, it is common for someone to seek money both in compensation for actual money that is lost and for the pain and stress associated with virtually any injury. In a suit, pain and suffering is part of the "general damages" section of the claimant's claim, or, alternatively, it is an element of "compensatory" non-economic damages that allows recovery for the mental anguish and/or physical pain endured by the claimant as a result of injury for which the plaintiff seeks redress.

No one is infallible however, where a person has a life his/her hands it is expected that they will do all that is require according to the standards expected to have little or no errors. It is on that basis that a person can sue for misdiagnosis because the medical practitioner showed some level of incompetence which is unacceptable. A person can sue the doctor and the hospital if the doctor is an employee of the hospital.
Once you have figured out what kind of case you have, you will need to prepare your documents and file your lawsuit. Sometimes you can obtain forms for your lawsuit from either the clerk of court or local law libraries, but not always. Similarly, legal aid groups may be able to help you complete your paperwork, evaluate your claims, and give you advice on what to file, where, and how much your filing fees will be. When your paperwork is ready you will need to file it with the clerk of court, pay a filing fee, and arrange to have a copy of the lawsuit and summons served on the other party. If you are unable to afford the filing fees, you can usually apply for indigent status and ask for a waiver of these fees.

Medical malpractice cases are so difficult and expensive to prosecute that they are generally only brought in cases of a serious permanent injuries. Moreover, a doctor can't be liable for a mere error in judgment, which this probably was. Count your blessings and move on. If your girlfriend is really unhappy with this doctor, there are other doctors out there.


If the injured patient is able to prove – through qualified expert testimony – that the doctor committed an act of medical negligence, then the patient has satisfied the first step of proving a malpractice claim against the doctor. However, the injured patient must also be able to show that the doctor’s negligence resulted in certain injuries or damages.
Doctors or healthcare providers are negligent if they fail to provide the standard of care that a reasonable doctor or healthcare provider practicing in the same area would provide in similar circumstances. If the negligence causes injuries or illness to a person, then the doctor or healthcare provider may be liable to pay damages (money to pay for the harm done) to the person. It’s no excuse for a doctor to say, “I did my best. I just didn’t know any better.” If the doctor should have known better, they may be liable. For example, let’s say that you see your doctor because you are not feeling well and your doctor prescribes a drug to treat the symptoms you described. You take the drug and it harms you. It turns out that it was not appropriate, considering your medical history and the other drugs you were already taking. If other doctors with a similar practice would not have prescribed the drug, your doctor may be negligent.

Unfortunately, patients who have been injured from a delayed or misdiagnosis have the added burden of proving that medical malpractice has occurred. Consultation with an experienced medical malpractice lawyer is crucial to a successful outcome. At Folkman Law Offices, we advocate for patients who have suffered due to a medical mistake and help them collect the compensation they are entitled to under the law.


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.
A research disclosed more than 50,000 deaths per year are a result of misdiagnosis because they were not treated at the right time. These conditions of wrongful diagnosis can be easily avoided with proper tests and right diagnosis by doctors at the right time. But still,these wrongful diagnoses are being conducted in different areas of the United States.
While most people may immediately think of a formal lawsuit when they consider seeking compensation for injuries caused by medical negligence, the fact is that in some situations, avoiding the expense and potential uncertainty of a formal lawsuit may result in a more favorable outcome. Others simply want to avoid "suing their doctor", but want to get compensation for their injuries. Read on to learn more about the options for resolving your medical malpractice case outside of the traditional court setting.
First, and perhaps of greatest interest to U.S. citizens, when a doctor commits malpractice overseas, in most instances it will not be possible to obtain jurisdiction to sue the doctor in an Oregon court. There may be rare circumstances in which a doctor has the contacts with an American jurisdiction required to sue here, but that will be the rare exception. Moreover, even if a patient obtains a judgment in the United States, it may be very difficult to enforce the judgment in a foreign country. Ultimately, a malpractice victim will likely be faced with pursuing a claim abroad.
Many doctors are not employees of the hospital, and in general a hospital cannot be held vicariously liable for a non-employee's negligence. However, when a patient goes to the emergency room, the hospital cannot tell the patient what a doctor's employment status is. Therefore, hospitals may be held liable for an emergency room doctor's medical malpractice.
For example, the standard of care for an eight-year-old child with a cough who is complaining of chest pain would be different than the standard of care for an 80-year-old man who’s complaining of the same symptoms but has smoked a pack of cigarettes daily for most of adulthood. In the case of the child, a reasonable, competent doctor would probably diagnose and treat the child for bronchitis, but that same doctor would run tests to determine whether the elderly smoker had lung cancer.

In most cases where the other party was clearly at fault, the injured party will receive at least some compensation for their pain and suffering. Most insurance companies recognize that people who are injured in a car accident deserve something for their pain and inconvenience. Often, the amount insurance carriers try to get away with, at first, is very low. But with proper attorney representation, this number can be increased to reach an acceptable sum.


The timeline involved is going to be important should you have a diagnosis of cancer for a few reasons. You mentioned 2 years went by from the time you were told you had a UTI until you were told you might have Bladder cancer? Is that correct? You were seen 6 times over the course of 2 years and diagnosed with a UTI every time? How many times were cultures taken? How much time was it from when your culture came back negative until you were told you may have cancer? Answers to these questions are necessary in order to have a better understanding of the facts and potential theories of negligence.
One of the rights that most patients are familiar with regarding medical care is privacy rights. While this protection of privacy is important, you also have the right to receive excellent medical care. If you think that you or your loved one’s patient rights have been violated by means of medical malpractice, a lawyer, like a personal injury lawyer Minneapolis MN trusts, may be able to file a lawsuit on your behalf.
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).

Others may be responsible—if a doctor delegates work to someone else, the doctor may still be legally responsible for the work. If a doctor leaves a patient in the care of another doctor, both doctors may be responsible. If an inexperienced intern performs the duties of a doctor, the intern has to give the same medical care the doctor would give. But a doctor can rely on the employees of a medical facility and expect that they’ll meet the standard of care required in their jobs. So if a doctor leaves proper instructions with a nurse who doesn’t follow them, the nurse, not the doctor, may be responsible. Or both may be. If a person is harmed by the negligence of another healthcare professional, they can sue that professional. They can also file a complaint with the regulatory body for that profession. For example, the College of Registered Nurses of BC licenses nurses. The Emergency Medical Assistant Licensing Board licenses paramedics.


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.
Many people don’t bring a meritorious lawsuit against their doctor because of fear concerning family and friends. Only you can decide for yourself whether bringing a lawsuit against your physician is the right thing for you to do. Only you know the pain and suffering that you have endured – nobody else. Only you know the extent of your lost wages, medical bills, and injury.
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