In most cases, doctors are not considered the direct employee of the hospital, but rather independent contractors. However, in some situations, doctors are employees. Doctors are more likely to be found to be employees of the hospital if the hospital controls the doctor’s working hours, vacation time and the fee schedule for the doctor’s services. In a few exceptions, a hospital may be found to be liable for a non-employee doctor’s services.
When the provincial health insurance plans were first created in the 1960’s and 1970’s, the federal government paid for about half of the provincial plans’ costs.  This percentage fell by more than half in the 1990’s, but has gone back up somewhat in recent years.[4]  The provincial contributions to the plans are also mostly from general revenues.  However, the largest province, Ontario, and a couple of other provinces also impose a levy on employers to help pay for their programs.

Our attorneys treat clients like we would our own family. We understand how important it is to have a compassionate bedside manner.We take the time to listen to you, answer your questions and ensure you understand what to expect in your medical malpractice claim. Just as we would for a family member, we commit to having a partner in our firm oversee each case, rather than handing off claims to a “case manager.” Our attorneys are always available to personally speak with you about the progress on your case.
The medical community, however, continued to fight for widespread tort reform among the states, and at the national level. They cited insurance increases in the late 1990s and early 2000s, which put further pressure on doctors' and hospitals' earnings—earnings that had been shrinking under Managed Care. Some areas of medicine were particularly hard hit. In New York and Florida, for example, obstetricians, gynecologists, and surgeons—the doctors who are sued the most frequently—pay more than $100,000 a year for $1 million in coverage.

A doctor cannot terminate care of a patient when the patient is at a critical stage of treatment, solely because the patient is unable to pay for the care. However, if the patient is in a stable condition and is given ample warning of the termination, a doctor may be able to stop treatment. For example, in a 1989 case in Iowa called Surgical Consultants, P.C. v. Ball, a patient had gastric bypass surgery and suffered abscesses afterwards. She sought treatment from the operating physician, who saw her 11 times post-surgery but then refused to continue seeing her because she had not paid her bill. This was not considered abandonment because the patient was not considered to be at a critical stage of treatment.
Doctors typically require patients to sign a consent form detailing the risks of any given treatment or procedure. But signing a form alone does not necessarily prove that the patient gave informed consent. The doctor must actually discuss the procedure and risks with the patient. And the patient must understand, to the extent possible, the risks he or she faces.

Navy Medical Malpractice Birth Injury $12,500,000 settlement $9,183,752 received by clients with lifetime benefits $3,125,000 attorneys' fees $191,248 litigation expenses Brown v. United States Naval Branch Health Clinic, Millington, TN Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal

The first non-VA hospital to adopt such a program was the University of Michigan’s (U of M’s) health care system, which introduced the Michigan Model in 2001. Payments to wronged patients are made on behalf of the institution itself, so they are not reported to the National Practitioner Data Bank (such a report would affect a physician’s reputation). In this way, U of M protects its physicians and encourages them to own up to any mistakes. For more information on the Michigan Model for responding to medical errors, and how it has benefited both patients and medical professionals, click here.
Navy Medical Malpractice Birth Injury $12,500,000 settlement $9,183,752 received by clients with lifetime benefits $3,125,000 attorneys' fees $191,248 litigation expenses Brown v. United States Naval Branch Health Clinic, Millington, TN Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal
The staff members at Zinda Law Group genuinely care about the best interests of their clients and commit 100% of their energy to fight for the damages their clients deserve. Because Zinda Law Group works on a contingency fee- if you don't receive compensation from the case, neither do they. Give the firm a call today to begin taking aggressive action against the doctor or hospital behind your medical malpractice experience.

"Decency, security and liberty alike demand that government officials shall be subjected to the rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for the law, it invites every man to come a law unto himself. It invites anarchy. (United States v. Olmstead, 277 U.S. 438 (1928).
Most (73%) settled malpractice claims involve medical error. A 2006 study concluded that claims without evidence of error "are not uncommon, but most [72%] are denied compensation. The vast majority of expenditures [54%] go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant." Physicians examined the records of 1452 closed malpractice claims. Ninety-seven percent were associated with injury; of them, 73% got compensation. Three percent of the claims were not associated with injuries; of them, 16% got compensation. 63% were associated with errors; of them, 73% got compensation (average $521,560). Thirty-seven percent were not associated with errors; of them, 28% got compensation (average $313,205). Claims not associated with errors accounted for 13 to 16% percent of the total costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including lawyers, experts, and courts). Claims involving errors accounted for 78 percent of administrative costs.[23][24]
You must make your claim against the correct person or entity. In some cases, you would sue the doctor directly, but in other cases you might sue the hospital or health care system. In Washington, D.C. you have three years from the date of injury to file a medical malpractice lawsuit. You must make sure that you take action immediately when you have been injured at the hands of a trusted physician or another medical care provider.
There are any number of scenarios under which a physician can be negligent. Keep in mind that in the examples above -- and in every other case -- it is incumbent upon you to prove that your physician breached his duty to practice according to the standard of care, and that breach caused you harm. See What You Need to Prove to learn about the key legal pieces you and your attorney would need to put together.
The Lexington, Kentucky Veterans Affairs (VA) Medical Center was one of the first to introduce such a program. Non-economic benefits to medical professionals included the promotion of ethical, honest behavior, and benefits to patients and their loved ones included a truthful account of what occurred, an apology, and potentially an offer of compensation. The VA also benefited financially – it became the VA hospital with the lowest malpractice payouts. Also, their average length of cases decreased from 2-4 years to 2-4 months.
"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.
Note, however, that harm can include the progression of an injury or condition. For instance, if test results that reveal cancer are communicated too late and the patient has to then undergo intensive treatment because of the advanced stage of illness, the patient may be able to show that unnecessary harm was caused by the negligent delay in reporting the test results
A no-fault system may provide compensation to people who have medical outcomes that are significantly worse than would be anticipated under the circumstances,[11] or where there is proof of injury resulting from medical error,[12] without regard to whether or not malpractice occurred. Some no fault systems are restricted to specific types of injury, such as a birth injury or vaccine injury.[13]
Wrong Diagnosis: The ER doctor gives you a diagnosis, but it turns out they have picked the wrong disease. While you are being treated for it, the real disease could progress, possibly causing a permanent injury. While an incorrect diagnosis could be a common mistake since many illnesses display similar side effects, if it resulted due to someone not doing their job properly, it is considered malpractice.
Subsequent cases have held the Bivens theory of recovery applies to other claims under the various rights enumerated in the Constitution. (For decisions concerning redress of Fifth Amendment claims with Bivens actions, See Young v. Pierce, (DC Tex. 544 F.Supp. 1010) and Eight Amendment claims Mackey v. Indiana Hospital, (DC PA 562 F.Supp. 1251. [3]

However, bringing a lawsuit is not for everyone. Weigh your options. If your fear of “looking bad” to family or friends outweighs your desire to bring a malpractice suit against your doctor for an injury he caused you or a loved one, bringing a suit may not be the best option for you. On the other hand, if your need or want to bring suit against your doctor outweighs your fear, taking action against your physician may be the right choice for you.


Many states limit the amount a plaintiff can recover in a medical malpractice lawsuit. For example, subjective damages like “pain and suffering” might be capped at $250,000. In a state with that kind of cap, you wouldn’t be able to recover more than $250,000 plus any medical expenses, lost wages and other “concrete” damages caused by the malpractice.
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