Many factors are taken into consideration when determining the level of compensation to which you are entitled. The severity of the injury is perhaps the most important factor. We are able to provide advice as to the reasonable value of your claim based on our years of experience in handling medical malpractice, nursing home negligence, personal injury and wrongful death cases. The following is a list of recent awards we obtained for our clients.
The lady in risk management was very nice and very sympathetic and apologized profusely for everyone who had behaved badly. She forced the doctor to send in a prescription for the correct quantity of the med he had lied about and claimed was an opiod. I checked with my mail-in pharmacy and with two local pharmacists where I live and they all said that my med is definitely not an opiod and that a 90 day quantity is done all the time. So I had to pay almost $80.00 for the 30 day script the incompetent doctor sent in, and then when he was forced to send in another script that was correct, I will have to pay $120.00. Had he done what he was supposed to do from the start, I would not have had to pay the unnecessary expense of the $80.00. So, I know my experience was not nearly as harrowing as many of the ones I have read, but I have to agree with all of you. There really are some incredibly bad, incompetent, and I'd go so far as to say evil doctors out there. Who knows? Maybe they are crazy too, and they are taking it out on their patients and they just haven't been caught yet. All I know is that I've had incompetent doctors before, but I have NEVER had one who was just so nasty, so unprofessional, and who made me feel like I just needed to take a shower after I'd been in his presence. People like that should have their licenses revoked. They do more harm than good and they have no business being in this line of work.
A doctor might simply forget about a patient or the patient might become "lost in the system" due to a computer glitch. In some cases, doctors have argued that they should not be held liable for abandoning a patient because there was no intent to abandon. This argument has failed almost without exception because a doctor has a duty to continue treatment of a patient until the patient is properly released. The only difference between an intentional and an inadvertent abandonment case is that punitive damages might be available in a case where there is evidence of an intent to cause harm.
A person who alleges negligent medical malpractice must prove four elements: (1) a duty of care was owed by the physician; (2) the physician violated the applicable standard of care; (3) the person suffered a compensable injury; and (4) the injury was caused in fact and proximately caused by the substandard conduct. The burden of proving these elements is on the plaintiff in a malpractice lawsuit.

Over the years, physicians and health care providers argued that malpractice claims were also driving up the cost of health care. They contended that jury verdicts in the millions of dollars had to be passed on to the consumer in the form of higher insurance premiums and physician fees. In addition, many physicians were forced to practice "defensive medicine" to guard against malpractice claims. Defensive medicine refers to the conducting of additional tests and procedures that are not medically necessary but that would assist in defeating a negligence claim.


We handle a wide range of Federal Tort Claims Act (FTCA), including representing medical malpractice victims at naval hospitals or medical centers. We have represented service members and their families in a wide range of cases at Navy hospitals across the country. We handle many types of medical malpractice at Navy hospitals, including Brain and spinal injury cases, wrongful death, and birth injuries.
Regarding Moviedoc's comment, "Treating a rape victim must you tell them you were raped by your brother when you were 10?"...This is probably a bit too much information. However, telling a rape victim that you (the treating therapist or Psychiatrist) are a survivor of rape is often very helpful! Rape victims often think that no one understands, and that they can not survive. Having someone right in front of them who has experienced the same thing and survived it, is therapeutic. It should never be confabulated though, either true, or not said.
There are a number of different ways that improper delay in the provision of medical care could result in harm to a patient -- the delay may have made your condition worse, it may have negated the possibility that certain treatment could be administered, it could have blunted the effectiveness of a certain treatment method, or it could have unnecessarily prolonged or intensified your pain and discomfort.
If someone you are close to has been seriously injured or worse, you are naturally devastated not only by what has happened, but by the effect that the injury or loss has had on you and your family. At a time when you're vulnerable, traumatized and emotionally exhausted, you need a team that will support you through the often complex process that lies ahead.
No matter the value of your estate, it is essential that you plan for what will happen to your assets after your death. A living trust, when done correctly, can assure a faster distribution of your assets, avoid unnecessary taxes and keep your wishes private as well. But, it must be done right. Here are five things you must do before writing a living trust.
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That claim is supported by data collected by Diederich Healthcare, one of the nation’s largest medical malpractice insurers. The data shows that in 2016, more than $3.8 billion was paid out to plaintiffs for medical malpractice claims nationwide. When those payouts were broken down by the severity of patient injury, death, at 31 percent, was the most common reason for a medical malpractice claim. That was followed by significant permanent injury at 18 percent, and major permanent injury at 17 percent.
And don’t kid yourself. If you think that your doctor just made a mistake and that it won’t happen again – think again. Chances are, if he made a mistake with you, he very well could have done it before and will do it again. Don’t be dissuaded by your doctor’s apologies or his downplaying of your injuries. An apology won’t pay for your medical expenses, and it certainly doesn’t ensure that he realizes the full consequences of his negligible actions.
Once the claimant has satisfied the pre-suit investigation and notice requirements, the claimant may be able to file a medical malpractice lawsuit in the Florida court system. In order to prevail in a medical negligence case against a doctor, the claimant has the burden of proof. This burden may be difficult to meet, given that there is often a presumption that the doctor acted reasonably and properly under the circumstances.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. This may be considered an act of omission or a negligence.
This means that if a psychiatrist properly diagnoses and treats a condition, gives the correct medication and monitors it properly, the patient can still go after the doctor if she experiences a 1 in 10,000 complication simply by saying, "If I had known X about my doctor I would have chosen to be treated by someone else." Remember there is nothing in the appellate opinion to limit the range of potential background questions. We are focussing on his responses to direct questions by the patient, but the opinion wasn't really designed to delineate what duties (if any) are owed when patients ask personal questions. The appellate opinion just opens the door, and I'm raising the 'what if' questions.
98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.
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