Jot your concern down on a bit of paper, and how you want it put right. Be calm. Approach a member of staff, explain your problem briefly and ask to see someone senior. Most doctors and nurses are generally compassionate people and trained in dealing with patients, so they should be willing to listen to your complaint. It’s much more satisfying to receive an explanation from a member of staff who already knows you than a faceless person at the end of a phone.
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.
More often that not, however, a claim will fail on the fourth element, because Judges have a hard time believing that someone who has gone to a doctor with a problem would not accept the doctor’s recommended solution.  People take risks every day – risks involving being in a car, crossing the street, taking pain killers, agreeing to medical procedures. A savvy doctor who is being sued for failing to warn will trawl through your past and look for behaviour that evidences your particular tendency to take risks and will try to use it against you to defeat your claim.  A good medical negligence lawyer Sydney would have taken you through all that before you decide to sue so that you know whether or not you are likely to win a failure to warn claim.

I was recently abruptly terminated by my employer of 17 years. I worked for a relatively small (25-30 employees), family-owned, manufacturing company in a niche market, in the position of general manager for the past 10, and was responsible for distributor relations, trade shows, etc for the entire 17. Without any warning, I was terminated via text message in December. I didn't have the opportunity to speak with any of the customers that I had formed relationships with over the years, to clear out my office of 17 years of accumulated personal belongings, or to even speak with anyone regarding my termination. I was sent a letter from an attorney representing the company instructing me that I was not to attempt to contact the company directly. My belongings were (literally!) thrown into a couple of boxes (picture frames and momentos were broken), and shipped to my home - I live 2 miles from the company. A friend - still employed there, noticed some of my personal things; including a 5x7 school photo of my family, in the trash, and retrieved it and other items to return to me, but had to leave the soiled items in the trash. I have no record of disciplinary problems nor any reason to have anticipated any of this. I feel stripped of my dignity, my reputation, my friends. I went from making $75,000 yr to less than $400 wk on unemployment. Since my termination I understand that the a family member of the owner has taken over many of the responsibilities that had been mine, leading me to believe that this was likely the motive, and while I understand family ties and obligations, and realize that no labor laws have been broken, it was done maliciously, knowing the devastation it would cause to me.
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.
But it doesn’t get much more complex than a medical malpractice case. You’ll need to prove complicated legal and medical issues like the applicable medical standard of care that the doctor should have complied with in your case, and you’ll need to be prepared to refute the other side when they come to the table with their own medical evidence. What’s more, many states require medical malpractice plaintiffs to jump through certain procedural hoops at various points in the case.
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.

For example, insurance companies will most likely consider injuries treated by a doctor or specialist to be more serious than injuries treated by a chiropractor. Insurance companies will also do their own reasoning to negate some of the most concrete concepts, like the length of treatment. If they think you didn’t need to your doctor for that last appointment, they will not include that time in the pain and suffering calculation.


I attempted to get recompense for my elderly mother after medical neglect that resulted in her losing her ability to walk, additional surgeries, and months of pain. I had no idea WHY the lawyers I contacted didn't even want to listen to the details. Now I know, and am disheartened to learn the reason for their disinterest. I've never sued anybody, am not one of those people who would sue when I dump coffee in my lap. But when one has a legitimate reason and legitimate damages, it's horrendous that our legal system provides no avenue of recompense for actual damage that is life altering.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Each case is different and past record is no assurance that the lawyers will be successful in reaching a favorable result in any future case. Snyder & Snyder is a law firm with lawyers licensed to practice law in Maryland and Washington, D.C. The attorneys at Snyder & Snyder can also be specially admitted in those states where they are not licensed to practice. The lawyers at Snyder & Snyder are medical malpractice trial lawyers, who concentrate their practice in the following fields: Maryland Birth Injury, Maryland Cerebral Palsy, Maryland Brain Injury, Maryland Spinal Cord Injury, D.C. Birth Injury, D.C. Cerebral Palsy, D.C. Brain Injury, D.C. Spinal Cord Injury. *Some verdicts may have been adjusted after trial.
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.
Apparently, most of the medical malpractice lawsuits in the US are related to medical misdiagnosis due to the doctor’s negligence or failure to follow a standard procedure. They are also more common in the outpatient department since both the private sector and the government gives more focus on the safety of the patient who is under treatment in a hospital.
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.

Second, from a procedural standpoint, medical malpractice cases can be unique (and pretty complex) depending on the state where you live. You (and your attorney) will need a good understanding of the procedural requirements necessary before - or soon after - filing the lawsuit, including filing an affidavit of merit, complying with pre-lawsuit screening, and other special steps . An experienced medical malpractice lawyer will be very familiar with these rules, and will know how to avoid pitfalls and delays so that your case stays on track.

These types of witnesses are inherently biased in that they clearly care about you and would presumably never testify in a manner that would undermine your claim. The defense will often attack witnesses that are related to you either by blood or marriage by suggesting to the jury just that—the witnesses are inherently bias. Therefore, oftentimes the best before and after witnesses are those people who do not have any personal stake in the litigation. These can be employers or co-workers—individuals who are not a “friend” who may be bias, but rather people who see the injury victim on a nearly everyday basis and can provide firsthand knowledge regarding the affect the injuries have had on the person.
(function(){"use strict";function s(e){return"function"==typeof e||"object"==typeof e&&null!==e}function a(e){return"function"==typeof e}function u(e){X=e}function l(e){G=e}function c(){return function(){r.nextTick(p)}}function f(){var e=0,n=new ne(p),t=document.createTextNode("");return n.observe(t,{characterData:!0}),function(){t.data=e=++e%2}}function d(){var e=new MessageChannel;return e.port1.onmessage=p,function(){e.port2.postMessage(0)}}function h(){return function(){setTimeout(p,1)}}function p(){for(var e=0;et.length)&&(n=t.length),n-=e.length;var r=t.indexOf(e,n);return-1!==r&&r===n}),String.prototype.startsWith||(String.prototype.startsWith=function(e,n){return n=n||0,this.substr(n,e.length)===e}),String.prototype.trim||(String.prototype.trim=function(){return this.replace(/^[\s\uFEFF\xA0]+|[\s\uFEFF\xA0]+$/g,"")}),String.prototype.includes||(String.prototype.includes=function(e,n){"use strict";return"number"!=typeof n&&(n=0),!(n+e.length>this.length)&&-1!==this.indexOf(e,n)})},"./shared/require-global.js":function(e,n,t){e.exports=t("./shared/require-shim.js")},"./shared/require-shim.js":function(e,n,t){var r=t("./shared/errors.js"),i=(this.window,!1),o=null,s=null,a=new Promise(function(e,n){o=e,s=n}),u=function(e){if(!u.hasModule(e)){var n=new Error('Cannot find module "'+e+'"');throw n.code="MODULE_NOT_FOUND",n}return t("./"+e+".js")};u.loadChunk=function(e){return a.then(function(){return"main"==e?t.e("main").then(function(e){t("./main.js")}.bind(null,t))["catch"](t.oe):"dev"==e?Promise.all([t.e("main"),t.e("dev")]).then(function(e){t("./shared/dev.js")}.bind(null,t))["catch"](t.oe):"internal"==e?Promise.all([t.e("main"),t.e("internal"),t.e("qtext2"),t.e("dev")]).then(function(e){t("./internal.js")}.bind(null,t))["catch"](t.oe):"ads_manager"==e?Promise.all([t.e("main"),t.e("ads_manager")]).then(function(e){undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined,undefined}.bind(null,t))["catch"](t.oe):"publisher_dashboard"==e?t.e("publisher_dashboard").then(function(e){undefined,undefined}.bind(null,t))["catch"](t.oe):"content_widgets"==e?Promise.all([t.e("main"),t.e("content_widgets")]).then(function(e){t("./content_widgets.iframe.js")}.bind(null,t))["catch"](t.oe):void 0})},u.whenReady=function(e,n){Promise.all(window.webpackChunks.map(function(e){return u.loadChunk(e)})).then(function(){n()})},u.installPageProperties=function(e,n){window.Q.settings=e,window.Q.gating=n,i=!0,o()},u.assertPagePropertiesInstalled=function(){i||(s(),r.logJsError("installPageProperties","The install page properties promise was rejected in require-shim."))},u.prefetchAll=function(){t("./settings.js");Promise.all([t.e("main"),t.e("qtext2")]).then(function(){}.bind(null,t))["catch"](t.oe)},u.hasModule=function(e){return!!window.NODE_JS||t.m.hasOwnProperty("./"+e+".js")},u.execAll=function(){var e=Object.keys(t.m);try{for(var n=0;n=c?n():document.fonts.load(l(o,'"'+o.family+'"'),a).then(function(n){1<=n.length?e():setTimeout(t,25)},function(){n()})}t()});var w=new Promise(function(e,n){u=setTimeout(n,c)});Promise.race([w,m]).then(function(){clearTimeout(u),e(o)},function(){n(o)})}else t(function(){function t(){var n;(n=-1!=y&&-1!=g||-1!=y&&-1!=v||-1!=g&&-1!=v)&&((n=y!=g&&y!=v&&g!=v)||(null===f&&(n=/AppleWebKit\/([0-9]+)(?:\.([0-9]+))/.exec(window.navigator.userAgent),f=!!n&&(536>parseInt(n[1],10)||536===parseInt(n[1],10)&&11>=parseInt(n[2],10))),n=f&&(y==b&&g==b&&v==b||y==x&&g==x&&v==x||y==j&&g==j&&v==j)),n=!n),n&&(null!==_.parentNode&&_.parentNode.removeChild(_),clearTimeout(u),e(o))}function d(){if((new Date).getTime()-h>=c)null!==_.parentNode&&_.parentNode.removeChild(_),n(o);else{var e=document.hidden;!0!==e&&void 0!==e||(y=p.a.offsetWidth,g=m.a.offsetWidth,v=w.a.offsetWidth,t()),u=setTimeout(d,50)}}var p=new r(a),m=new r(a),w=new r(a),y=-1,g=-1,v=-1,b=-1,x=-1,j=-1,_=document.createElement("div");_.dir="ltr",i(p,l(o,"sans-serif")),i(m,l(o,"serif")),i(w,l(o,"monospace")),_.appendChild(p.a),_.appendChild(m.a),_.appendChild(w.a),document.body.appendChild(_),b=p.a.offsetWidth,x=m.a.offsetWidth,j=w.a.offsetWidth,d(),s(p,function(e){y=e,t()}),i(p,l(o,'"'+o.family+'",sans-serif')),s(m,function(e){g=e,t()}),i(m,l(o,'"'+o.family+'",serif')),s(w,function(e){v=e,t()}),i(w,l(o,'"'+o.family+'",monospace'))})})},void 0!==e?e.exports=a:(window.FontFaceObserver=a,window.FontFaceObserver.prototype.load=a.prototype.load)}()},"./third_party/tracekit.js":function(e,n){/**
First, of all, I do not relish the fact that Dr. Sampley is being sued. He is a nice person; he was the treating psychiatrist when my daughter was admitted to the hospital cited in this article. My daughter was hospitalized on that occasion because she was unable to care for herself. She was unable to feed herself, go to the bathroom, communicate, etc. She was so catatonic and unresponsive to the environment, that her eyes were ‘glued’ in an open position. It was like being in a coma. You could move her arm in an outstretched position and her arm would stay that way indefinitely until it lost blood circulation. You could stick a needle through her leg and she wouldn’t respond. People in this MIA community who argue that ‘mental illness’ does not exist should reconsider how these kind of comments affect family members whose loved ones truly cannot care for themselves. The argument shouldn’t be whether ‘mental illness’ exists but how do individuals fall into conditions in which they are unable to take care of themselves and what is the role of iatrogenic harm and trauma in their mental and emotional condition. In my daughter’s state, both played a major role but I will keep this post as relevant as possible to Dr. Sampley and how his character/belief system is relevant to our movement.

Damages from pain and suffering are considered “general damages” and are distinguishable from “special damages.” Hospital bills, loss of income, and certain out of pocket expenses are examples of special damages because a plaintiff can provide a bill, receipt, or work contract to show the money that was lost or paid. Pain and suffering, on the other hand, is not quantifiable in a precise, mathematical way.

Pain and suffering is a term used to define the physical and mental suffering that a plaintiff endures as a result of an injury. It is a component of the plaintiff's damages. So, in a medical malpractice case, the defendant health care provider can be liable for the harmed patient's pain and suffering, in additional to other damages like the cost of medical treatment and lost income.
The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Script 420 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral Service at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.
In order to prosecute an action for a tort to recover damages one must prove (1) an injury (in the generic sense, physical, mental or loss of property) (2) the actor who injured you owed you a duty not to injure you and (3) you have damages as a result of the injury.  In the medical malpractice area (which is the tort for which you can sue a doctor), you must also prove that the care provided fell below the standard of care in your locality.

* Fee-for-service model. Taking a malpractice case to court could cost over R200 000 due to the high fees advocates and attorneys charge. A decision on costs will be made by the court and will depend on the merits of the case. However, even if the case is successful, the awarded compensation might be less than the legal costs, and if the case is unsuccessful, you might have to pay your legal fees, as well as the those of your doctor.


"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.
With the exception of a small minority of cases, the Florida medical malpractice statute of limitations is a hard and fast rule. Consequently, if you fail to file a claim or lawsuit for medical malpractice within the allotted time frame, you will be precluded from ever seeking monetary damages in your case. If you suspect that you sustained an injury or illness as a result of doctor negligence, you should contact the medical malpractice lawyers at Dolman Law Group as soon as possible.
×