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.
For example, imagine that you repeatedly told your doctor that you had joint pain and a rash, and the doctor just shrugged off your comments about the joint pain as the normal process of aging and gave you an ointment for the rash. He ignored your family history of psoriasis and overlooked the connection between the two symptoms that could have led to a diagnosis of psoriatic arthritis until after you suffered severe complications -- like damage to your heart valve.
Medical malpractice among doctors is a serious issue nationwide. If you have been injured as a result of a serious medical mistake, you should seek legal consultation to discuss filing a medical malpractice claim against your doctor. Proving medical malpractice is not always easy and often requires the expert testimony of another health care provider, who must testify that medical negligence occurred in your case.
Battery occurs when a person intentionally touches or has other unwelcome physical contact with another person in a harmful or offensive manner. Battery may apply when patients are sexually or physically abused by their doctors. This can also occur when a doctor performs an incorrect surgery or medical treatment on the patient. Likewise, this can occur when a doctor does something to the patient without consent.
Another potential cause of action is intentional infliction of emotional distress. This is based on a doctor’s outrageous conduct that intentionally or recklessly causes a patient to suffer severe emotional distress. This must be beyond a mere slight as it must be something that would outrage society. The common law tort required a physical manifestation of injury, but most jurisdictions no longer require this element. This cause of action has been successful in some cases in which patients recorded their doctors performing medical treatment while mocking and ridiculing the patient to a serious degree. 

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.

Intensity. The more intense the mental anguish, the better chance you have of proving that your emotional distress was severe enough to deserve compensation. In some cases, however -- particularly, cases alleging negligent (rather than intentional) infliction of emotional distress, courts will typically require some sort of physical injury as well.
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.
The second element is the most difficult to prove. A skilful and competent doctor can make medical errors as such it is important to look at the actions of the doctor in arriving at a medical conclusion regarding a patient’s health. If it can be proven the doctor acted with reasonable skill, competence and did his due diligence in arriving at a conclusion then he/she will not be liable for any loss or suffering as a result of the misdiagnosis. But where it is shown that the doctor fell below the standards of a reasonable competent practitioner as he failed to take the necessary step arrive at a proper diagnosis and his acts resulted in the damage then a party will be successful.
Sally was injured in a car accident. Her doctor ordered an MRI to see if she tore any ligaments or tendons, or ruptured a disk in her back. The cost of the MRI was $2,000. The doctor also ordered a CT scan to see if Sally’s internal organs were damaged. The cost of the scan was $1,500. When it comes time to settle her claim, Sally will be reimbursed $3,500 for these special damages.
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.
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.
We serve clients throughout North Carolina including those in the following localities: Mecklenburg County including Charlotte, Cornelius, Davidson, Huntersville, Matthews, Mint Hill, and Pineville; Iredell County including Mooresville and Statesville; Union County including Indian Trail and Monroe; Cabarrus County including Concord, Harrisburg, and Kannapolis; Gaston County including Belmont and Gastonia; and Stanly County including Albemarle.

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.
Car insurance policies that extend beyond personal injury protection (PIP) generally provide coverage for most types of damages, including pain and suffering claims. The two most common types of auto insurance coverage are bodily injury (BI) and uninsured/under-insured (UM) motorist coverage. Both BI and UM can be used to cover pain and suffering, but only up to the amount of the policy limits. Bodily injury coverage most commonly has two policy limits, or split limits.

If the doctor's mistake was one that a reasonable doctor would make, he has not acted negligently and has not committed medical malpractice. Often when a doctor fails to diagnose a medical problem, he may mistake the problem for something else and attempt to treat that. Likewise, if the medical problem is extremely rare, unknown, or difficult to identify, than a proper diagnose may not be possible.
Failure to diagnose and misdiagnosis of an illness or injury are the basis of many medical malpractice lawsuits. Misdiagnosis on its own is not necessarily medical malpractice, and not all diagnostic errors give rise to a successful lawsuit. Even highly experienced and competent doctors make diagnostic errors. Instead, the misdiagnosis or failure to diagnose must result in improper medical care, delayed treatment, or no treatment, which in turn must result in a worsening of the patient's medical condition in order for the malpractice to be actionable.

I’d advise instead to try mediation, a grossly underused method that is effective, less stressful and a hell of a lot cheaper than going to court. Mediation is a relatively new concept in the NHS and takes the form of an independent, voluntary and confidential meeting in which a trained neutral sits with patients and NHS staff to allow both sides to outline their position, and see if common ground can be established and if issues can be narrowed and an agreement reached.
Your lawyer will decide whether or not to pursue your case against the hospital.  If the lawyer takes the case, he will then need to retain an expert medical doctor to submit an affidavit detailing how the treatment was below the standard of care, and how that departure from the standard of care led to an injury.   The case will then go through the pre suit process, which is a 90 day period during which the hospital investigates the claim.  At the conclusion of the presuit period the hospital can deny the claim, or accept responsibility.  Often times the parties will agree to mediate the case during the presuit period, and this often results in a settlement.  If the case does not settle during presuit, the lawyer will then file a complaint of medical negligence against the hospital. This is where the work really begins.
The injury may also result in limiting your normal activities, especially if you are disabled. You may not be able to take care of your household responsibilities, such as cooking and cleaning or pursue hobbies like gardening or bicycling, caring for your children, or having intimate relations with your spouse. Take time daily and list the way your injuries have affected both your lifestyle and emotional well-being, along with the hardships you have encountered.
To best gauge the pain and suffering you have experienced from your accident claim, keep a daily pain log and list the problems described above; this will help accurately describe your discomfort and maximize your injury settlement. For example, if you received injections, physical therapy, or had surgery, consider the enjoyment in your life before the accident, and then measure the toll on your life from stress and problems related to your injury and treatment.
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.

“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.
In the state of North Carolina, an individual is held accountable for the intentional infliction of emotional distress if the victim or plaintiff can prove that the defendant’s conduct was outrageous and extreme, that the conduct was intended to cause severe emotional distress, and that the defendant’s conduct did in fact cause severe emotional distress. Although the definition of outrageous conduct can be subjective, it should be more than just threats, annoyances, insults, and petty oppressions.
If a doctor fails to make an accurate and timely diagnosis of a harmful medical condition, patients may pursue a legal remedy by filing a medical malpractice lawsuit. One key question in these kinds of cases is whether the doctor breached the applicable "medical standard of care" under the circumstances. In other words, would a similarly-trained doctor in the same medical community have spotted the health problem (or identified it within a shorter period of time)? In the sections that follow, we’ll discuss some common misdiagnosis scenarios, and illustrate how a medical malpractice case might proceed.  
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?
People have a tendency to downplay their injuries because they do not want to be seen by others as complaining or needy. In fact, those that are more severely injured tend to downplay their injuries the most. Before you are convinced that your injuries don’t warrant some type of compensation, it is best to be examined by an independent medical expert. You may be entitled to lost wages, medical expenses, or compensation for pain and suffering.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
In the state of North Carolina, an individual is held accountable for the intentional infliction of emotional distress if the victim or plaintiff can prove that the defendant’s conduct was outrageous and extreme, that the conduct was intended to cause severe emotional distress, and that the defendant’s conduct did in fact cause severe emotional distress. Although the definition of outrageous conduct can be subjective, it should be more than just threats, annoyances, insults, and petty oppressions.
"The really troubling thing about this case is that nothing could have been done to change the [baby's] condition," said Daniel Rovner, an attorney for Chester County Hospital, one of the defendants. "There was no treatment, nothing medically that could have been done. The bigger picture is that the plaintiff's bar is going to use this as an attempt to expand the law to explain emotional distress."
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?
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.
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.
Your access to the NCBI website at www.ncbi.nlm.nih.gov has been temporarily blocked due to a possible misuse/abuse situation involving your site. This is not an indication of a security issue such as a virus or attack. It could be something as simple as a run away script or learning how to better use E-utilities, http://www.ncbi.nlm.nih.gov/books/NBK25497/, for more efficient work such that your work does not impact the ability of other researchers to also use our site. To restore access and understand how to better interact with our site to avoid this in the future, please have your system administrator contact info@ncbi.nlm.nih.gov.

In a personal injury trial in Florida you can ask the jury to compensate you for non-economic damages, which include damages as the result of any bodily injury sustained by Plaintiff and any resulting pain and suffering disability or physical impairment, disfigurement, mental anguish, inconvenience or loss of capacity for the enjoyment of life experienced in the past or to be experienced in the future. (Florida Standard Jury Instruction, See 501.2).
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.”
A good case in point is that of a Missouri teenager who went to the emergency room after a car accident. An infection was not diagnosed in time and led to permanent brain injury. The jury awarded the plaintiff close to 5 million dollars in damages. The young man now has permanent loss of motor skills and cognitive skills. The cost of his future medical expenses was a factor for the jury when deciding the award amount.
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).
!function(n,t){function r(e,n){return Object.prototype.hasOwnProperty.call(e,n)}function i(e){return void 0===e}if(n){var o={},s=n.TraceKit,a=[].slice,u="?";o.noConflict=function(){return n.TraceKit=s,o},o.wrap=function(e){function n(){try{return e.apply(this,arguments)}catch(e){throw o.report(e),e}}return n},o.report=function(){function e(e){u(),h.push(e)}function t(e){for(var n=h.length-1;n>=0;--n)h[n]===e&&h.splice(n,1)}function i(e,n){var t=null;if(!n||o.collectWindowErrors){for(var i in h)if(r(h,i))try{h[i].apply(null,[e].concat(a.call(arguments,2)))}catch(e){t=e}if(t)throw t}}function s(e,n,t,r,s){var a=null;if(w)o.computeStackTrace.augmentStackTraceWithInitialElement(w,n,t,e),l();else if(s)a=o.computeStackTrace(s),i(a,!0);else{var u={url:n,line:t,column:r};u.func=o.computeStackTrace.guessFunctionName(u.url,u.line),u.context=o.computeStackTrace.gatherContext(u.url,u.line),a={mode:"onerror",message:e,stack:[u]},i(a,!0)}return!!f&&f.apply(this,arguments)}function u(){!0!==d&&(f=n.onerror,n.onerror=s,d=!0)}function l(){var e=w,n=p;p=null,w=null,m=null,i.apply(null,[e,!1].concat(n))}function c(e){if(w){if(m===e)return;l()}var t=o.computeStackTrace(e);throw w=t,m=e,p=a.call(arguments,1),n.setTimeout(function(){m===e&&l()},t.incomplete?2e3:0),e}var f,d,h=[],p=null,m=null,w=null;return c.subscribe=e,c.unsubscribe=t,c}(),o.computeStackTrace=function(){function e(e){if(!o.remoteFetching)return"";try{var t=function(){try{return new n.XMLHttpRequest}catch(e){return new n.ActiveXObject("Microsoft.XMLHTTP")}},r=t();return r.open("GET",e,!1),r.send(""),r.responseText}catch(e){return""}}function t(t){if("string"!=typeof t)return[];if(!r(j,t)){var i="",o="";try{o=n.document.domain}catch(e){}var s=/(.*)\:\/\/([^:\/]+)([:\d]*)\/{0,1}([\s\S]*)/.exec(t);s&&s[2]===o&&(i=e(t)),j[t]=i?i.split("\n"):[]}return j[t]}function s(e,n){var r,o=/function ([^(]*)\(([^)]*)\)/,s=/['"]?([0-9A-Za-z$_]+)['"]?\s*[:=]\s*(function|eval|new Function)/,a="",l=10,c=t(e);if(!c.length)return u;for(var f=0;f0?s:null}function l(e){return e.replace(/[\-\[\]{}()*+?.,\\\^$|#]/g,"\\$&")}function c(e){return l(e).replace("<","(?:<|<)").replace(">","(?:>|>)").replace("&","(?:&|&)").replace('"','(?:"|")').replace(/\s+/g,"\\s+")}function f(e,n){for(var r,i,o=0,s=n.length;or&&(i=s.exec(o[r]))?i.index:null}function h(e){if(!i(n&&n.document)){for(var t,r,o,s,a=[n.location.href],u=n.document.getElementsByTagName("script"),d=""+e,h=/^function(?:\s+([\w$]+))?\s*\(([\w\s,]*)\)\s*\{\s*(\S[\s\S]*\S)\s*\}\s*$/,p=/^function on([\w$]+)\s*\(event\)\s*\{\s*(\S[\s\S]*\S)\s*\}\s*$/,m=0;m]+)>|([^\)]+))\((.*)\))? in (.*):\s*$/i,o=n.split("\n"),u=[],l=0;l=0&&(g.line=v+x.substring(0,j).split("\n").length)}}}else if(o=d.exec(i[y])){var _=n.location.href.replace(/#.*$/,""),T=new RegExp(c(i[y+1])),E=f(T,[_]);g={url:_,func:"",args:[],line:E?E.line:o[1],column:null}}if(g){g.func||(g.func=s(g.url,g.line));var k=a(g.url,g.line),A=k?k[Math.floor(k.length/2)]:null;k&&A.replace(/^\s*/,"")===i[y+1].replace(/^\s*/,"")?g.context=k:g.context=[i[y+1]],h.push(g)}}return h.length?{mode:"multiline",name:e.name,message:i[0],stack:h}:null}function y(e,n,t,r){var i={url:n,line:t};if(i.url&&i.line){e.incomplete=!1,i.func||(i.func=s(i.url,i.line)),i.context||(i.context=a(i.url,i.line));var o=/ '([^']+)' /.exec(r);if(o&&(i.column=d(o[1],i.url,i.line)),e.stack.length>0&&e.stack[0].url===i.url){if(e.stack[0].line===i.line)return!1;if(!e.stack[0].line&&e.stack[0].func===i.func)return e.stack[0].line=i.line,e.stack[0].context=i.context,!1}return e.stack.unshift(i),e.partial=!0,!0}return e.incomplete=!0,!1}function g(e,n){for(var t,r,i,a=/function\s+([_$a-zA-Z\xA0-\uFFFF][_$a-zA-Z0-9\xA0-\uFFFF]*)?\s*\(/i,l=[],c={},f=!1,p=g.caller;p&&!f;p=p.caller)if(p!==v&&p!==o.report){if(r={url:null,func:u,args:[],line:null,column:null},p.name?r.func=p.name:(t=a.exec(p.toString()))&&(r.func=t[1]),"undefined"==typeof r.func)try{r.func=t.input.substring(0,t.input.indexOf("{"))}catch(e){}if(i=h(p)){r.url=i.url,r.line=i.line,r.func===u&&(r.func=s(r.url,r.line));var m=/ '([^']+)' /.exec(e.message||e.description);m&&(r.column=d(m[1],i.url,i.line))}c[""+p]?f=!0:c[""+p]=!0,l.push(r)}n&&l.splice(0,n);var w={mode:"callers",name:e.name,message:e.message,stack:l};return y(w,e.sourceURL||e.fileName,e.line||e.lineNumber,e.message||e.description),w}function v(e,n){var t=null;n=null==n?0:+n;try{if(t=m(e))return t}catch(e){if(x)throw e}try{if(t=p(e))return t}catch(e){if(x)throw e}try{if(t=w(e))return t}catch(e){if(x)throw e}try{if(t=g(e,n+1))return t}catch(e){if(x)throw e}return{mode:"failed"}}function b(e){e=1+(null==e?0:+e);try{throw new Error}catch(n){return v(n,e+1)}}var x=!1,j={};return v.augmentStackTraceWithInitialElement=y,v.guessFunctionName=s,v.gatherContext=a,v.ofCaller=b,v.getSource=t,v}(),o.extendToAsynchronousCallbacks=function(){var e=function(e){var t=n[e];n[e]=function(){var e=a.call(arguments),n=e[0];return"function"==typeof n&&(e[0]=o.wrap(n)),t.apply?t.apply(this,e):t(e[0],e[1])}};e("setTimeout"),e("setInterval")},o.remoteFetching||(o.remoteFetching=!0),o.collectWindowErrors||(o.collectWindowErrors=!0),(!o.linesOfContext||o.linesOfContext<1)&&(o.linesOfContext=11),void 0!==e&&e.exports&&n.module!==e?e.exports=o:"function"==typeof define&&define.amd?define("TraceKit",[],o):n.TraceKit=o}}("undefined"!=typeof window?window:global)},"./webpack-loaders/expose-loader/index.js?require!./shared/require-global.js":function(e,n,t){(function(n){e.exports=n.require=t("./shared/require-global.js")}).call(n,t("../../../lib/node_modules/webpack/buildin/global.js"))}});
A patient bringing a failure to misdiagnose case must prove that there was a doctor-patient relationship, that the doctor failed to live up to the standard of care in diagnosing the patient's condition, and that the doctor's failure to diagnose or misdiagnosis actually and proximately caused an actual injury. Most often, failure to diagnose cases involve disputes related to the applicable standard of care and whether the doctor's failure to diagnose caused the plaintiff's injury.
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.
In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice. Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience. With that said, perhaps you made the decision to pursue a malpractice claim with no lawyer. If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance.
Assuming that there was harmed done due to the misdiagnosis, the second question you need to answer is; would another doctor with a reasonable medical profession come with a different diagnosis instead? If the second opinion gives a different conclusion, and it happens to be the correct diagnosis, then there would possibly be a case for medical damages.

Calitz explains that to bring a successful medical malpractice claim, you need to prove that the treatment you received deviated from a particular “standard of care”, and that it was the deviation (which can be an act or omission) from this standard that resulted in harm. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.

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.
×