"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."
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?”
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Olanzapine is not approved for use as a sleep aid, to the best of my knowledge. It is used in the elderly if the person is aggressive, hitting care takers, or if they are having hallucinations and other similar problems. There are good studies that show that the olanzipine causes an increased risk of stroke. In my opinion, it should only be used in situations were the benefit gained out weighs the risk of stroke.
When most people think about medical malpractice lawsuits, they imagine that the plaintiff is suing to recoup medical bill costs, lost wages, and economic damages but do not think about emotional distress. While the law has historically limited the ability of plaintiffs to receive compensation for emotional distress, settlements for this type of case have become more commonplace in recent years. It is most common for physical damage to also occur in these cases but this is not always necessary.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.
The patient must also prove that the doctor's negligent misdiagnosis or delayed diagnosis caused the patient's injury or condition to progress beyond where it normally would have -- had the correct diagnose been made in a timely manner -- and that this progression had a negative impact upon treatment. For example, because of a delayed cancer diagnosis the patient had to undergo a more severe treatment regimen (such as chemotherapy) or the patient died because the cancer had metastasized and no longer responded to treatment. Sometimes a patient can show harm even if the condition can still be treated. For example, with some cancers a delay in treatment increases the risk of recurrence.
Medical malpractice cases almost always require medical experts to testify about the proper standard of care that should have been provided under the circumstances. These are often physicians who practice within the same type of medicine that the physician defendant practices in. These individuals are usually tasked with the responsibility of explaining that the defendant deviated from the standard of care and that this deviation resulted in the patient suffering the harm alleged in the complaint.
I believe that minor children should have as much right to call a lawyer (a free service provided by the government) to help them when they're being emotionally abused, physically abused, emotionally or physically neglected, sexually exploited, and otherwise maltreated... the very same rights as an adult would have. Children are human beings, they're people, and so they SHOULD have the same rights as adults to bring suit for maltreatment, neglect and exploitation against the people that our society/culture trusts to provide adequate care, aka "parents".
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.
Example: Facial ScarJane is a teenage girl who suffered a facial laceration when she slipped and fell in a grocery store. Her only physical injuries were to her face. She required 12 stitches and some antibiotics. The total amount of her special damages was only $700, which represented the cost of the emergency room visit and her medicine.Unfortunately, the wound to her face left a permanent scar. She was embarrassed and humiliated by some children at school. She became depressed from the teasing and from knowing she’d be scarred for the rest of her life.
A new, relatively untested issue involving medical professionals was introduced with the passing of the Consumer Protection Act in 2008. In the context of health care, the term “service” means work performed by a person for the direct or indirect benefit of another, including the provision of medical advice by a health professional. The Act thus widens the range of events for which you can claim compensation. It also enables you to seek compensation from manufacturers of medical products and devices in the event of their malfunction.
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Doctors and hospital officials who subscribe to this philosophy, such as those at the University of Michigan Health System, the University of Illinois at Chicago Medical Center, and Stanford University Medical Center say they tell patients when something went wrong and offer an apology and sometimes even compensation. They say the method is more humane and often eliminates lawsuits.
These things are the different “elements” of pain and suffering damages. It is basically financial compensation for having to “go through” certain things that you otherwise would not have had to if it wasn’t for the accident/injury. In minor incidents, it is compensation for the inconvenience; in major cases, it is compensation for the agony and suffering. For example, your medical bills may be covered, but that doesn’t compensate you for the pain of never being able to pick up your grandchild again. It makes perfect sense if you think about it in that way.
MPS insures doctors in the private sector. According to its figures, thought to be conservative by some practitioners, the number of claims increased by 27 percent between 2009 and 2015, and claim size escalated by an average of 14 percent over the same period. At the Medico-Legal Summit, a once-off event convened by the Minister of Health, Dr Aaron Motsoaledi, in March 2015, MPS’s head of medical services in Africa, Dr Graham Howarth, said that the highest claim currently, lodged in 2013, was for R80 million.
Medical malpractice claims don't only cover errors in diagnosis and treatment. Once you've established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.
Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money. And if you lose your case, you could very well be on the hook for thousands or tens of thousands of dollars in expenses - depending on your legal fee agreement. Is your case important enough to you that you feel the potential financial benefit outweighs the risk?