For example, your neighbor started a fire on purpose in your garage with the intent to kill you. If you started having panic attacks that led to fainting, you might have a case. In this type of situation, the physical injury is a direct result of emotional distress. But if an employer screams and makes threats at an employee, this might not count as outrageous conduct. Even if it's rude and insensitive, it might not count as emotional distress.[2]

For example, a man goes to the hospital for a routine hernia repair but still has pain and a burning sensation at the the incision site, long after it has healed. He’s unable to eat and suffers from severe abdominal pain, but no amount of medicine or antibiotics helps. A year later, the man is in such pain that he goes to the emergency room, he tells the emergency room doctor about the pain, the futility of the antibiotics, and how this all occurred shortly after his hernia surgery. The doctor orders an x-ray which shows that a piece of surgical gauze was left in the man’s abdomen from his hernia surgery. When it was removed, it was black with mold, which is why the antibiotics didn’t work.
Generally, you must start a malpractice lawsuit within 2 years of when the malpractice occurred. This is called the limitation period. More precisely, it’s within 2 years of when a reasonable person would realize that they suffered an injury from a doctor’s actions and the court system is the right place to seek a remedy. Even if you’re well during this time, you should act quickly—while witnesses are still available and their memories are fresh. This is the general rule, but there are exceptions when the 2-year limitation period starts running at a different time. You would need to speak to a lawyer about this.
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But what do you think? I would love to hear from you! I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com . You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.
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.
If you don’t file a medical malpractice claim or lawsuit against your doctor within the prescribed time period, absent some exceptional circumstances you will be barred from seeking monetary compensation for the injuries and damages you sustained. A medical malpractice lawyer should know the statute of limitations deadline in your jurisdiction and can work to make sure that a claim or lawsuit is filed in your case in a timely manner.
Fortunately for you, you took matters into your own hands and went to the ER and got the proper diagnosis. While the doctor was wrong to mistake congestive heart failure for asthma, the inhalers he prescribed did not cause your congestive heart failure or the your left heart failure. Unless the doctor was in a position to have diagnosed and mitigated the congestive heart failure, you may not have a medical malpractice case. But all anyone can do on this forum is speculate based upon a few lines of information. Gather your medical record and consult local counsel for further clarity.
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.
In the private sector, many legal contracts of all kinds stipulate the use of mediation or arbitration in the first instance, so it is quite common. Typically, a retired judge or senior advocate presides over the matter. In mediation, he or she listens to both sides and assists the parties to reach a compromise. In arbitration, the presiding officer can impose a binding decision, and can decide whether compensation is due and if so, how much.

For minor to moderate injuries, you’ll place a multiple of 1 – 5x on the total of your special damages. The number depends on the seriousness of your injuries, and whether they were soft tissue or hard injuries. The more serious the injuries, the higher the multiple. For very serious injuries, you’ll need an attorney to calculate the proper demand.
The manner in which medical malpractice is addressed in countries around the world varies widely. For example, many countries do not permit jury trials. In these locations, judges or administrators may make the final decision. Moreover, malpractice awards, even when they are given, are often much lower than amounts received in the United States, giving rise to the argument that injured patients may not be fully compensated for their losses in overseas jurisdictions. Plus, there are logistical difficulties. A foreign lawsuit necessitates retention of a foreign attorney and physical presence in the foreign country for legal proceedings. Importantly, many foreign countries do not permit attorneys to take cases on a contingency fee basis.
People go to see the doctor when ill or after suffering a serious injury. When you make an appointment to see your doctor, you trust that the doctor will help to improve your condition or injury – not make it worse. Doctors and other healthcare providers hold people’s lives in their hands. Consequently, when providers make serious medical mistakes, they can and should be held responsible for their negligence.
1. When a person comes into a medical facility and asks to be evaluated, the hospital must provide a medical screening examination (MSE) to determine if there is an emergency medical condition (EMC), including active labor. The hospital may not decide on treatment based on your ability to pay and may not delay treatment to your detriment because they want to prove you can pay, such as pre-authorization from private health insurance. Thus the statute puts your welfare above the pocketbook of the hospital. The statute requires the hospital to use the medical equipment on hand, such as xray, CAT scan, MRI, EMG, EKG equipment as part of the emergency medical screening (EMC) process. So if the hospital just figures you are ok without doing tests, they may be liable under EMTALA. EMTALA applies to any patient coming in to the hospital, not just indigent patients.

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.
As to whether or not the plaintiff’s injury is a reasonably foreseeable result of the defendant’s conduct, North Carolina courts ask whether a “reasonably” cautious person might have foreseen that severe emotional distress would result to the plaintiff. What qualifies as “reasonable” and “negligent” depends on the situation; for example, medical professionals are held to a higher standard of care when treating patients.
The personality of the plaintiff, their witnesses and overall effect of the injuries which befell the victim plaintiff will play a powerful role in any damage award if damages are even awarded once liability issues are satisfied. The power and personality of the lawyer representing her or his client also may factor into a high money damage award case.
In addition, the fact that you like your doctor doesn’t actually mean that he’s any good at what he does. It would be a mistake to let your doctor get away with malpractice if he is exercising a poor quality of care. Remember: the fact that he’s a nice guy doesn’t mean he’s a competent physician. Don’t you want to receive compensation for your injury or the injury of a loved one and possibly keep him from injuring someone else?
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.

Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.


To file a certificate of merit you must first contact an expert, usually another physician. This expert will review your medical records and certify that the original health care provider deviated from accepted medical practices, which resulted in your injuries. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.
In another case, the Appellate Division of the Supreme Court of the State of New York allowed a couple to sue a fertility clinic for emotional distress after the clinic implanted the female plaintiff's embryo in another woman. Although neither plaintiff was physically injured by the implantation, both suffered emotional injury due to the defendants' breach of their duty of care, the court said.
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.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
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.

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.

An employer was displeased with employee’s work, and began circulating an old mug shot of the employee around the office. The employer then hired a private investigator to place the employee under surveillance. Coincidentally, the investigator discovered that the employee was cheating on his wife, took photos, and sent them to his wife. The employee's wife subsequently divorced him. The employee sued the employer for IIED. The Court held that the employee could not sue the employer for IIED because the conduct did not rise to the level of “outrageous.” [7]


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?”
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.
We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.

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.
However, the increasing inefficiency of the HPCSA has ensured that this is no longer the preferred route for potential litigants. The grave state of the organisation is now official; a task team appointed by the Minister of Health reported its findings in November 2015, describing the HPCSA as suffering from “multi-system organisational dysfunction”.
In making its decision, the Supreme Court of Pennsylvania cited several similar cases from other states, including New Jersey, New York, Texas and Wyoming. Courts in other states probably will use the Toney case to support their decisions in comparable cases, said Anna Laakmann, a law professor at Penn State Dickinson School of Law in Pennsylvania.
However, our legal system is set up in such a way where monetary damages is not only a way to compensate persons for lost wages, medical bills, and pain and suffering; it is also there as a way to hold doctors accountable for their actions. Without the threat of monetary sanctions and lawsuits, doctors would lose some motivation for conducting their professional lives in a careful and cautious manner. Furthermore, if you doctor did negligently injure you or a loved one, bringing suit against him may serve as a wakeup call and could possibly prevent him from injuring someone else in the future.
Most doctors have their patients’ best interest in mind, but there are some who – by greed or neglect – fail to put patients first. Individuals who discover a delayed, missed, or wrong diagnosis may want to speak to a Philadelphia medical malpractice lawyer about their rights and ability to hold a negligent physician accountable for health outcomes, pain, and suffering.

Draft what is known as a "demand letter" to the doctor or other professional you believe is guilty of malpractice. In the demand letter you set forth the general nature of your claim, including the damages you suffered. Set forth the amount of money and other conditions you are willing to accept to settle the case. Set a specific deadline for the professional to satisfy the demand made in your letter. Advise that if the deadline is not met, you will take further legal action.
A case can be opened only if the alleged malpractice happened less than three years previously. There are a few exceptions to this general rule. If the injured party was under 18 at the time of the incident and his or her parents failed to seek compensation on behalf of the child, on turning 18, the child has one year to seek compensation on his or her own account. An injured party suffering from a mental illness has three years to make a claim on recovery from this illness. Exceptions might also be made if the injured party was compelled to be outside South Africa during the three-year intervening period.
According to Joseph’s Incorporated, proof of negligence is decided on the basis of a balance of probabilities. If you want to pursue a case, the onus is on you to prove negligence, as well as damage due to the negligence (see “Burden of proof”, below). Medical experts have to provide relevant, credible, reliable information, as it is certain that opposing lawyers will look for any opportunity to discredit them.
Establish that Medical Negligence Occurred – Medical negligence occurs when a healthcare provider violates the medical standard of care, or the professionally-accepted method for diagnosing or treating a specific condition. The standard of care may vary depending on factors individual to each patient, such as age, geographic location, overall health, and the specific condition.
The more evidence you have to prove your level of pain and emotional distress, the higher the adjuster’s offer will be. Your ability to persuade him of the severity and duration of your pain and suffering can also play a role. Guided by experience, computer input, evidence, and your persuasive abilities, the adjuster will come up with an amount he feels is justified.
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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.
Jury awards for pain and suffering may vary depending upon socio-economic and political factors within the community from which the jury is drawn.[2] In most states the maximum monetary amount awarded for pain and suffering is capped at what is listed in the particular suit or written complaint. In some jurisdictions there are maximum amounts set in law which a jury may not exceed in awarding damages.
A doctor has to tell you about your condition, the nature of the proposed treatment, the risks of the treatment, and other options that you may have. You can’t consent to treatment unless the doctor gives you all this information. A doctor does not have to explain every possible risk, just the risks that a reasonable patient would want to know before deciding on treatment. This includes explaining what could happen and the likelihood of it happening.
When my father passed from MRSA acquired after open heart surgery (acquired either in the hospital or rehab center) I called 40 attorneys and was told the exact same thing as the article states: He was too old, had lost his viability (translate earning potential) and had no wife (she had died). Most of them would not tell me why they would not take the case, but one did. It's not only hard to hear that your elderly parent has no value legally, but this is exactly why doctors and hospitals and other medical facilities continue their poor attempts at keeping hospitals as clean as possible. They answer to no one.
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.
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.
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.
Thank you for your response. Although my bruising has faded by now, my arms are still a bit tender and I do have a lump where I was hit the hardest on my left arm that was not there before, so I'll go to be seen for that, if anything. I do wish I was in a position to pay for a doctor's visit up front sooner than this ( I just don't go to an E.R), but I guess it'll be better than nothing as ive already submitted the petition in small claims court against this corporation. Thanks again for your insight.
See if you can sue for emotional distress as a third party. In some states, you can sue for emotional distress as a third party. For example, you might have a case if your child or someone close to you was physically harmed in an incident. This incident must have occurred right in front of you. You would have a more solid case if you were also physically injured or experienced the threat of injury.

We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.
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