Another common form of physician negligence is surgical error. Like all types of medical malpractice, surgical error is dependent upon the standard of care. But unlike in diagnostic error cases, common surgical errors are often very easy to identify. Amputating the wrong leg, leaving surgical instruments inside a patient’s body, performing the wrong procedure, or performing a procedure without informed consent -- these types of errors constitute physician negligence and are often very east to spot. If your surgeon breached the standard of care and caused you harm, your surgeon was likely negligent.
If the prosecution and defense cannot agree on a settlement, the case will proceed to trial. Medical malpractice trials are almost always trials by jury. If a case does proceed to trial, and the losing party is unwilling to accept the jury’s verdict, they can appeal to a higher court. In some jurisdictions, they can also appeal the amount of a judgement in the same court.
This means that you need to find a qualified medical expert that is willing to attend a deposition and testify in court that you were injured by a health care provider’s negligence. Just who is qualified to testify as a medical expert witness is subject to a host of complicated and restrictive rules. An experienced plaintiff’s medical malpractice attorney will have a better network to draw from, but tracking down a qualified expert willing to testify on your behalf can be quite difficult, particularly if your case is a close call. Also, medical experts don’t work for free -- expect to pay a significant hourly rate. Some attorneys might front the medical expert expenses if they really think you have a winning case, but don’t count on it . . . and make sure to ask about your responsibility for litigation expenses up front.
My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my eld
I went to an in network doctor for two procedures on the same day...the doctors office had the first procedure pre certified and the second procedure she said i would have to pay for upfront and would have to put in a claim through my insurance company myself because some insurance companies consider that specific procedure cosmetic....i checked with my insurance company and the procedure within my plan is 100% covered as long as medically necessary. I pay $1,200.00 upfront and get a reciept. I begin to fill out the claim form and need to call the doctors office to get a diagnosis code and procedure code for the procedure to submit the claim to my insurance company. After 5 phone calls i get the codes from a receptionist at the doctors office. I submit the claim. A month later it gets denied due to no pre certification. The insurance company calls the doctors office and says hey you are a contracted doctor with us and you knew you needed pre certification for this procedure why didnt you get it...The doctors office then states that in my case the procedure was NOT medical and was cosmetic therefore she is not required to get precertification...SHE NEVER TOLD ME IN MY CASE ANYTHING WAS BEING DONE FOR COSMETIC REASONS NOR DID I GO TO HER FOR ANYTHING COSMETIC.....The insurance company tells me to get all of my medical records, CPT and diagnosis codes, dopplers, sonograms and send it to them so a panel at the insurance company can review my claim to determine if it was medical or cosmetic....i do this....a month later the insurance company determines it WAS MEDICAL AND NOT COSMETIC**************The insurance company mailed me a check for $684.50 which is the doctors contracted rate for the procedure along with an EOB and they tell me to call the doctors office to get the balance of $515.50...I call the doctors office to tell them they need to pay me the balance bill since the insurance company determined the procedure was MEDICAL NOT COSMETIC despite what the doctors opinion was....the doctors office gets pissed that they have to pay me but agree a check would be mailed to me......A month goes by and i get no check.....i call my insurance company to be like what the hell.....they send the claim over to provider relations department.....provider relations calls the doctors office to ask why i havent been paid....the doctors office now CLAIMS they never gave me the cpt and diagnosis codes and the doctors office is saying i got the codes off the internet...
In the vast majority of cases, establishing the answer to this question requires testimony from an expert medical witness. The patient (usually through an attorney) consults a doctor who specializes in the relevant field, and the doctor offers an opinion as to the proper procedures to follow when deciding whether to terminate care in cases like the patient's -- and if the proper decision is to end care, the expert will also set out the appropriate way to go about ending the doctor-patient relationship under the circumstances.
Was seeing a neurosurgery specialist for a back injury (L4 L5 and S1) for about 2 months. Each visit was prescribed different medications because nothing was working. With each visit the doctor said "if this doesn't work we will discuss surgery" long story short nothing worked and on my final visit he said "I am at a medical stand still. There is nothing else I can do for you without doing surgery and I don't want to put you through the trauma of the surgery." I told him it's getting worse he said it's your body compensating self medicate with Tylenol and ibprofen. I told him Tramadol and Lortabs do not work so why would that....he just repeated what he said and ended the visit. I was handed I piece of paper at check out saying I have been medically released. Found out he put in my chart that I was no longer having leg pains so improvement led him to release me.which obviously was not the conversation we had! Fast forward 3 months and my new doctor said Lumbar Fusion surgery because I am not improving and its been 8 months. Can I sue the 1st doctor for lying in the report so he could release me. It's a workers comp case and I believe he just didn't want to deal with it.