Medical malpractice court cases have been filed against specialists, and if your specialist caused you injury due to negligent care, you may be able to file a claim, too. Medical specialists are held to a higher standard than general practitioners because of their high skill level. Therefore, when a specialist breaches the acceptable standard of care and causes you harm, you can hold him or her accountable through a physician malpractice claim.
Remember that a complaint does not initiate a law suit.  If you wish to take legal action against your doctor, you should consult with a medical malpractice attorney who can evaluate your situation and provide legal advice.  If you feel that your doctor’s actions rose to the level of criminal behavior, contact the district attorney in the jurisdiction where your physician practices. 
No. You do not need to obtain your medical records before speaking with an attorney. However, if you have copies of your record, it will allow the evaluation of your case to proceed more quickly. Many times your case will be reviewed by a physician or nurse in order to determine if medical malpractice has occurred. This requires a thorough evaluation of your medical records. If you do not bring your medical records to your appointment with your attorney, you will be asked to sign a medical waiver, releasing your medical records to our office so that a proper investigation may be carried out.
There is a limited amount of time within which a patient can make a medical malpractice claim against a medical professional. While the actual statutes of limitations for these claims vary by state, you will always have at least a year after the injury has taken place. The list below contains the statute of limitations for each state. Note that in many states, the statute contains considerations regarding when a patient discovered or realized medical negligence occurred. This is referred to as the discovery rule.

Under the FTCA, you can’t just go directly to the courts to file a lawsuit. You must first go to the VA or other federal agency that harmed you and notify them of your complaint. You must give the agency the opportunity to settle the claim. Only when the agency refuses, takes no action, or comes back with an unacceptable settlement offer can you file a suit for damages.


The biggest hurdle for patients to get over in bringing a claim is a law that sets up a defence for all professionals accused of negligence.  It says that if the professional acted in a way that was widely accepted in Australia by that professional’s peers as competent professional practice then the professional is not liable.  Note that ‘widely accepted’ does not necessarily mean that the majority of professionals have to agree to the practice.
A malpractice claim exists if a provider's negligence causes injury or damages to a patient. However, experiencing a bad outcome isn't always proof of medical negligence. Also, on occasion, health-care providers will inform a patient that the person has received negligent medical care from a previous health-care provider and—presumably in an effort at complete honesty—will sometimes tell a patient that they, themselves, have made a mistake.
Dealing with a doctor whom you believe has been negligent can be an angering and upsetting situation. Doctors can be negligent in many ways, including prescribing medications to which you are allergic, giving you incorrect advice or even botching a surgical procedure. When you believe a doctor has been negligent, there are several ways to report the situation, whether you are seeking a legal remedy or you simply want to prevent someone else from going through the same thing.
Surgical errors are a common form of medical negligence. A negligent act can involve a doctor accidentally cutting or cauterizing an internal organ, if a more careful performance could have prevented it. Some common injuries resulting from surgical errors relate to foreign fluids, such as urine, bile, or feces that enter the abdominal cavity, through a cut unintentionally made during surgery. This can lead to severe infections and sepsis, or septic shock, which can cause a patients' death. Another example of surgical error is called a wrong site surgery. There have been documented cases of patients needing an arm, leg, hand, or finger amputated, and an administrative mistake prior to surgery, results in the wrong appendage being removed.
Doctors must abide by what is called “the duty of informed consent”. This means that a doctor is obligated by law and by professional ethics to warn patients of all known risks of a procedure or course of treatment. If a patient who had been properly informed of risks and potential side-effects would have elected not to proceed, the doctor MAY be liable for medical malpractice. Similarly, if the patient is injured by the procedure – or during the course of treatment – in a way that the doctor should have warned could happen but didn’t, the doctor may be liable for medical malpractice.

A medical malpractice case isn't the kind of legal action you want to try handling on your own. These cases can get very complex from a legal, medical, and procedural standpoint. Proving your case is going to require not just a firm understanding of the law as it applies to your situation, but a familiarity with the kinds of hoops a medical malpractice plaintiff needs to jump through, including the retention of the right expert medical witness.


One other feature of Canadian law that tends to discourage parties from suing physicians for malpractice is that the Supreme Court has set out guidelines that effectively cap awards for pain and suffering in all but exceptional cases.  In a trilogy of decisions released in 1978, the Supreme Court established a limit of Can$100,000 on general damages for non-pecuniary losses such as pain and suffering, loss of amenities and enjoyment of life, and loss of life expectancy.[12]  The Supreme Court did state that there may be extraordinary circumstances in which this amount could be exceeded, and courts have allowed the figure to be indexed for inflation so that the current suggested upper limit on awards for non-pecuniary losses is close to $300,000.[13]  Nevertheless, the flexible cap on non-pecuniary losses is a major disincentive to persons considering whether they should sue a physician for malpractice and for lawyers to specialize in or seek out malpractice cases.


That said, medical professionals such as Doctors rightly hold a position of respect, value and authority in our society, so when they have failed to fulfil the high standards expected of them, it can be difficult to know what to do. The health and wellbeing of you or a loved one may have been adversely affected, and without medical knowledge, it can often be difficult to know whether the negative impacts suffered were unavoidable or whether they classify as negligent, and you should, therefore, report your Doctor.
If you are considering medical tourism, discuss the possible risks with your American general practitioner and, if possible, a local attorney. If you have already undertaken to receive treatment from a foreign doctor, and have suffered an injury, you should discuss the particular details of your case with a qualified, experienced attorney. You will need to find an attorney that has experience not just with medical malpractice, but also with international legal disputes. Before undertaking any legal action against a foreign doctor, you should ask your attorney whether your claim will be worth the trouble of fighting an international legal battle. You may find that you do not have the same entitlements that you would when bringing a claim against an American doctor, and this might make a victory a hollow exercise and a waste of time and money.
Most people are able to get to at least second base with a failure to warn claim.  Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given.  Getting copies of the doctor’s medical notes can help with this element.

But, anon, a successful suit doesn't remove a bad doc from practice. Only a licensure action can guarantee that. Suing someone out of a need to punish them may accomplish little. The real purpose of civil suits is to make the plaintiff whole. I suspect even "punitive" damages, if they're ever awarded in malpractice suits, would be covered by insurance.
In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.
A four-year statute of repose applies to claims arising out of acts or omissions on or after April 11, 2003. A claim must be brought within four years of the act or omission, except that a claimant has one full year from discovery, even if this exceeds four years, for claims discovered after three years or claims based on a foreign object left in the body only. Ohio Rev. Code Ann. § 2305.113
Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., a medical malpractice birth injury case in which our clients received $15.75 million, and Lebron v. U.S., another medical malpractice birth injury case in which our clients received $18.96 million.
Cavendish ruled that a physician could be held liable if and when they harmed a patient as a result of negligence while stipulating that a physician who diligently adhered to the standard of care would not be liable even if he accomplished no cure. A legal precursor to expert testimony came in 1532, when a law passed under the reign of Holy Roman Emperor Charles V, requiring the opinion of medical men to be taken in cases of violent death. In 1768, Sir William Blackstone penned Commentaries on the Laws of England, in which he recruited the Latin term “mala praxis” to describe the concept of professional negligence, or ‘tort' in modern parlance. Blackstone noted that mala praxis “breaks the trust which the party had placed in his physician, and tends to the patient's destruction.” The proper term of ‘malpractice' was coined sometime thereafter, deriving from Blackstone's work.
Various studies have shown that the Texas tort-reform law has had no effect on healthcare costs or the number of physicians practicing in the state.[45] A February 2014 study found "no evidence to support" the claim that "there had been a dramatic increase in physicians moving to Texas due to the improved liability climate."[47] The study found that this is true "for all patient care physicians in Texas, high-malpractice-risk specialties, primary care physicians, and rural physicians.[47]
Errors in treatment go hand-in-hand with diagnostic errors. If your physician negligently misdiagnoses your condition, it is likely that the treatment prescribed will also be improper. For example, if you were misdiagnosed with cancer, any prescribed chemo or radiation therapy could have a detrimental effect on your health. This error in treatment -- which is dependent upon your physician’s negligent diagnosis -- also constitutes medical negligence and malpractice.
Birth injury is a difficult area of malpractice law to pursue due to the complex nature of the medical records. The award-winning birth injury attorneys at Reiter & Walsh ABC Law Centers have decades of joint experience with birth injury, hypoxic-ischemic encephalopathy (HIE), and cerebral palsy cases. To find out if you have a case, contact our firm to speak with one of our lawyers. We have numerous multi-million dollar verdicts and settlements that attest to our success, and no fees are ever paid to our firm until we win your case. We give personal attention to each child and family we help, and are available 24/7 to speak with you.
ADR models are spreading and may vastly improve the legal landscape, but they also necessitate a shift in medical culture. Patients may receive smaller  payouts than they would in the traditional adversarial legal system at trial. However, they may also get compensated more efficiently, by reducing the cost of proceeding through lengthy litigation and trial.  In addition, patients in this model may feel that they have more honest interactions with their care providers (Kass and Ross 2016).

This is a crucial determination. Just because medical negligence occurred at a hospital, it doesn't necessarily follow that the facility itself can be held responsible. If your case is based on sub-standard care provided by an individual doctor, and that doctor is an independent contractor (and not an employee of the hospital), you need to pursue action against the doctor him/herself. In many cases, you can't sue a hospital for a doctor's treatment error, unless the doctor is an employee of the hospital (most are not), or when the doctor's incompetence should have been obvious to the hospital.

Regardless of the type of medical test performed, if the results are not communicated in a timely and appropriate manner and the patient subsequently suffers harm, it may form the basis of a medical malpractice lawsuit. Harm, however, must be suffered, as a patient who suffers no injury after a failed communication will probably have no basis for a lawsuit.
But, anon, a successful suit doesn't remove a bad doc from practice. Only a licensure action can guarantee that. Suing someone out of a need to punish them may accomplish little. The real purpose of civil suits is to make the plaintiff whole. I suspect even "punitive" damages, if they're ever awarded in malpractice suits, would be covered by insurance.

A 2011 study in the New England Journal of Medicine reported that 75% of physicians in "low-risk" specialties and virtually 100% of physicians in "high-risk" specialties could expect to face a malpractice claim during their careers. However, the authors also noted that the vast majority of malpractice claims did not lead to any indemnity payments.[22]
"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.
My problem now is I feel like a shell of who I was, a very successful sale manager earning 6 figures+ to now, not being able to hold a job and being on disability. I can't remember things or conversations that I have had. I can't be in places where there are too many people, forget a mall or a nice restaurant. My wife and daughter have affectionately resorted to nicknaming me "turtle" because I can't keep up. I just roll with it but it really hurts knowing I was once the sole provider of a very nice lifestyle for my family to becoming this exhausted, tired, uninterested person. I speak with no one, I have not 1 friend and for the most part, never leave the house. My brain feels scrambled all the time, foggy.
Army Medical Malpractice Cancer $701,790 received by clients $250,000 attorneys' fees $48,209 litigation expenses Owen v. United States Darnall Army Community Hospital Our client underwent surgery at the U.S. Army MEDDAC in Nuremberg, Germany. Following surgery, our client transferred her care to DACH. Despite pathology results that revealed cancer, Ft.
A steady uptick in medical malpractice cases can be attributed, in part at least, to the decline of religious fatalism. It was a pervasive belief that misfortune and injury were acts of God, meant to be construed as punishment for moral and religious transgressions. Overturning this belief may be considered a far-off ripple effect of The Enlightenment, a historical ‘moment' at which prominent European thinkers began to reject the notion that everything was determined by the will of an omnipotent God. As philosophers and scientists alike began to promulgate the idea that willful human action was the true determinant of fortune and misfortune, a fringe effect was the rise of medical malpractice litigation, a century or so later. As people began to accept that injury and misfortune could be attributed to human error and not God's will, they began to assert an entitlement to recompense if they suffered as a result of human error. This was a brick in the foundation of medical malpractice litigation.
The fundamental elements of litigated medical malpractice are, above all, duty and negligence. Historic efforts define these two elements were muddled - fourteenth-century law under Henry V held that the physician owed a duty of care to the patient because medicine was a “common calling” (a profession), and required physicians to exercise care and prudence. Those in other professions who did not practice a "common calling” were liable only if an express promise had been made to achieve or avoid a certain result. In the absence of such a promise, the professional could not be held liable. Physicians, then, were held to a separate standard because of the nature of their profession. Modern notions of negligence are parallel to what history called the “carelessness” of early physicians. The notion of duty was legally elucidated in British common law. Carelessness and neglect were not in and of themselves causes of action lest the practitioner by nature of their profession had a duty to the person to whom they rendered care. The law determined that medical professionals were legally bound by a duty of care to their patients. Negligence was thereby grounds for legal action. The establishment of duty and negligence laid the foundation for Anglo-American legislation of medical malpractice.
Anyone familiar with the Hippocratic oath understands the undeniable bond between medical care and ethics—ideally, physicians are driven by the desire to help patients, not hurt them. Yet, harm does sometimes occur, and patients have the right to hold such doctors accountable in a court of law. While the topic of not telling the truth poses more of an ethical question than a legal one, there are established legal boundaries for medical professionals that, when crossed, could justify a lawsuit.
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