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.
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.
If your case is accepted, an investigation will be conducted to evaluate medical records, medical protocol, and other pertinent information to determine the factors that may have caused an injury or death. During your initial consultation, you will be informed about how you can assist in the process such as submitting requested documents in a timely manner and attending legal sessions when required.
Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself. But for your doctor’s breach of the standard of care, would your injuries have occurred? If your answers are “yes” and “no” to those questions, your case may have a shot. If you can allege, with expert support, that your doctor breached the standard of care, and but for his breach your injuries would not have occurred, your case will likely not be immediately dismissed.
While the majority of health care providers aim to exercise the highest standard of care for all patents, there are times when things can go gravely wrong. If you or a loved one has experienced poor medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be entitled to medical malpractice recovery.
While such an idea once sounded like pure science fiction, it would present enormous opportunities in business, leisure, and medicine. Imagine, someone with a rare disease or medical condition could quickly travel anywhere in the world to obtain the best treatment option. In fact, this is already occurring, as people travel to numerous places for both medical and dental treatment. But, as we all know, sometimes medical treatment goes wrong, and this raises an interesting question. Can you sue doctors in other countries for medical malpractice?
Non-economic damages cover certain type of injuries that are not out-of-pocket losses, including pain and suffering, disability, disfigurement, humiliation, mental anguish, loss of consortium (companionship) as well as emotional distress. Because these damages are often difficult to calculate and, juries may overcompensate and non-economic damages can exceed actual economic damages. There is no standard formula to calculate these non-economic damages; therefore they vary on a case by case basis and are referred to as subjective damages because they differ according to a plaintiff's personal or subjective experience.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
Examples of medical malpractice involving doctors include making surgical mistakes, leaving medical instruments inside the body during a procedure, cutting tissue in error, interpreting test and lab results incorrectly, resulting in the wrong diagnosis, or treating a condition inappropriately. Examples of malpractice involving nurses include failing to communicate new symptoms to doctors, administering the wrong type or dose of medication and failing to use equipment correctly.
In the early stages of the process, the most important thing is finding out who to contact at the insurance company. A claim will not be processed right away because it's important to learn about all the medical expenses before attempting any calculations. Injured parties don't typically wish to risk anything uncovered in their eventual settlements.

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.
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.”

You may also have suffered financial loss as a result of your GP’s negligence if, for example, the time you have been required to take off work because of your injuries or illness has been prolonged due to the negligent act or omission of your GP. Suing your doctor may seem like a daunting prospect but it does not need to be with 1st Claims. We will support you every step of the way.
Costs of suing—some lawyers will work for a contingency fee, meaning the fee depends on the result of the case. If you lose, the lawyer gets nothing. If you win, the lawyer gets part of your compensation award. Win or lose, though, you usually have to pay the expenses of suing, which can be thousands of dollars, especially if you have to hire experts to help prove your case. The Law Society regulates contingency fee contracts to ensure they are fair to clients. For more information about lawyers’ fees, check script 438, called “Lawyers’ Fees”.
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.
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In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.    

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.
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.

Significantly, your attorney can only use these examples of loss to illustrate your injuries if you provide it to him or her. If your case is in litigation you will most likely sit for a deposition (your testimony given under oath before a court reporter who is taking down questions directed to you by the defense attorney and your responses). In preparing for your deposition, your attorney may ask you to explain how this accident has affected your life. Be ready to give real life examples so that your attorney can best advocate on your behalf.


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.

Most states have case law requiring courts to simultaneously treat those who represent themselves, known as pro se (pronounced “pro say”) litigants by the same standards as a minimally competent attorney. However, they are also usually required to give pro se litigants the benefit of the doubt. This strange double standard can lead to unusual and unpredictable results.


Although medical mistakes cannot always be prevented, help is available when these unfortunate situations change the course of victims’ lives. The pain and suffering that victims are left to contend with cannot be erased, especially when death or a chronic condition is the result of medical negligence. Personal injury compensation may help to ease the burden of physical and mental trauma from a medical mistake.

Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
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.
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.
It isn’t surprising that you like your doctor. Otherwise, why else would you keep going back to him year after year? But so what? Liking your doctor shouldn’t keep you from suing him if he has caused you emotional and/or physical harm. Think about it – the legal system is around for a reason. It’s there to provide people with a way to receive compensation from someone who has harmed.
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.

According to the American Journal of Medicine 15 per cent of all medical case in developed countries are misdiagnosed. The National Center for Policy Analysis further states fatal diagnostic errors in U.S. intensive care units equal the number of breast cancer deaths each year — 40,500. Misdiagnosis has become a cause for concern in the medical and legal field because it has fatal consequences.

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.

As this article suggests, there is not really a simple answer to whether someone can sue a doctor for misdiagnosis.  There are many variables in the world of healthcare, and every situation is unique.  With that said, as a patient, you do have certain legal rights when it comes to the care that you receive.  Further, you do not have to simply accept that an error occurred without asking questions or learning more about protecting yourself.


2. Lawyer - choose a lawyer you feel happy and comfortable with. Of equal importance to this, ensure the lawyer you choose is specialised in medical negligence law. 1stClaims will be able to help you find the perfect lawyer for you, so get in touch with us today. They will be able to give to the legal support you need. You can do this on behalf of a family member if they are unable to do this on their own.
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.
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.
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.
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.
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.
Florida Standard Jury Instruction 501.2 states that, “there is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence.” Because even the Florida Standard Jury Instruction recognizes that there is no exact standard for measuring non-economic damages, it’s absolutely critical that the presentation of pain and suffering damages at trial is done in a manner that the jury can easily understand and can award you compensation accordingly.
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.
The emotional toll that misdiagnosis or delayed diagnosis has on a patient can be severe. Imagine a patient that is told they have cancer. They may have endured surgery, chemotherapy and radiation treatments only to find out later that the diagnosis was wrong. Not only has this patient suffered physical pain and possible damage to their body, but the emotional aspect of the ordeal can leave permanent scars.

In most cases, only the primary physician (your doctor) can be sued for misdiagnosis. In rare cases, other health care professionals may also be liable if their negligence caused or contributed to the patient’s harm -- including nurses, lab techs, and any specialists who may have seen the patient. The hospital or health care facility where the doctor practices usually cannot be sued for harm caused by misdiagnosis. That’s because most doctors are independent contractors, not employees of the hospital, so the facility can’t be held legally responsible for the doctor’s negligence.      
I later said I wanted reimbursement for wages lost due to pain, & donor fees lost due to inability to donate since my arms were bruised & in pain, along w/ damages for pain & suffering as I was unable to perform household duties, or enjoy my daily workouts. They advised me it's co.'s policy that I turn over medical bills & they pay after the fact; that don't pay for bills directly, & they won't compensate me for anything else unless I do it this way.
Jury verdicts in personal injury cases can be higher in certain areas of the country. For example, a broken arm case in a rural county in Texas may get a lower judgment than the same case in New York City. Adjusters are aware of these differences and rely on them when considering their settlement offers.You should visit your local courthouse and research jury verdicts in cases similar to yours. Doing so will help inform your demand for settlement. You can also research this information at a website like VerdictSearch.com.

Doctor negligence claims can be complex as it can often be difficult to show that the injury or illness you are suffering from has been caused or exacerbated by the negligence of your GP. Your solicitor will arrange for you to be assessed by an independent medical expert who will assess your injuries and/or illness and will advise on whether the symptoms you are experiencing have been caused by the negligent actions (or inactions) of your GP.
Personal injury, or tort, law, allows a person to recover in civil court for the physical, emotional and/or financial injury caused to them by an outside party. The emotional component of personal injury is most often represented by claims of negligent or intentional infliction of emotional distress. Although neither of these claims necessarily involves physical injury, NIED and IIED can have devastating and long-term impacts on a person’s life in ways that surpass many physical injuries. The bar for proving sufficient emotional distress is a fairly high one to succeed on a claim of negligent infliction of emotional distress (NIED), and is even higher for intentional infliction (IIED). This article will examine some common causes of action and the elements of negligent infliction of emotional distress.
Formal arbitration is a contractual alternative to a lawsuit or trial. In a formal arbitration situation, the parties contractually agree to allow a panel of attorneys (usually one plaintiff-oriented attorney, one defense-oriented attorney and one neutral) to hear their case and adjudicate it on the merits. Liberated from the evidentiary requirements of a formal lawsuit, parties are afforded the opportunity to save a considerable amount of money when compared to trial, while still being allowed to present their case. Formal arbitration is binding and should not be undertaken lightly. Courts are loath to overturn or otherwise alter decisions made by arbitration panels, particularly when the arbitration awards are reasonable in light of potential jury verdicts.
Since 1988, the law firm of Kennedy, Johnson, Schwab & Roberge, L.L.C., located in New Haven, has provided aggressive and knowledgeable legal representation to people injured due to medical malpractice cases throughout Connecticut. Our attorneys have more than 150 years' combined experience fighting health care professionals for fair compensation in medical malpractice and medical negligence cases, including cases involving failure to diagnose serious injury.
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.
7. Hospitals are afraid of this investigation: If a violation of the statute is alleged, the federal government comes into the medical facility and investigates not just the claimed violation, but any violation of any type from the statute. This gives the plaintiff lawyer great leverage with the hospital to settle both the state malpractice and federal EMTALA claims quickly and quietly.
The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.
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.
Do you have skeletons in your closet? Were you less than truthful about your health and/or physical condition? Are you prepared to subject yourself to hours of questioning from attorneys, both yours and likely several others? Are you prepared to make financial disclosures that will become public? When you file a lawsuit, particularly a medical malpractice lawsuit, your life becomes a very open book -- nearly everything is fair game.
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