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.
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The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.
As an analysis of the bill from Texas’ Senate Research Center notes, the “wrongful birth” cause of action was originally recognized in 1975 by the Texas Supreme Court, which ruled in favor of the parents of a child with disabilities in Jacobs v. Theimer. The doctor did not inform the plaintiff that she had contracted rubella, which is known to cause “severe birth defects in infants.”
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.
Malpractice in the misdiagnosis of cancer may involve failure to order proper tests, failure to evaluate test results, failure to refer the patient to a specialist and failure to identify obvious physical symptoms. The most common types of cancer that are misdiagnosed include colon cancer, lung cancer and breast cancer. A delay in the diagnosis of cancer may allow the disease to advance and make the condition more difficult to manage.
Prominent physicians Nathan Smith and R.E. Griffith of Yale and the University of Pennsylvania respectively held the belief that medical malpractice lawsuits were beneficial and necessary, serving as a tool of accountability in a profession that was poorly regulated. The American Medical Association (AMA) was founded in 1847 with the goal of promoting standardization of the profession, as well as elevating the standing of physicians in society. At the time, the vast majority of suits stemmed from orthopedic malpractice and deformations that resulted from botched amputations. As physicians sought to raise their own standards, higher patient expectations ensued. With the arrival of liability insurance for physicians, medical malpractice suits shot up in the States in the late 19th century.
The philosophy of our law firm regarding damages is simple: obtain the maximum monetary recovery possible for each client. We accomplish this by relying on our decades of experience to diligently prepare our cases for trial and aggressively advocate for our clients. Our financial resources, technological tools and access to outstanding experts in various fields allow us to provide top-notch representation to our clients.
Even if one manages to get a court to take jurisdiction, enforcing a judgment may be nearly impossible. If the judgment is obtained in America, enforcing the judgment in a foreign nation may require filing an entirely new lawsuit to domesticate the judgment, which could take nearly as long as pursuing the case in that country in the first place. If the judgment is domestic, or if the nation agrees to domesticate the judgment of a US court, foreign laws regarding collection of judgments usually differ greatly from American laws and may interfere with seizing or levying on assets and accounts.
Every medical malpractice case is different and relies on a unique set of facts. However, there are scenarios that more commonly align with a medical malpractice case. For example, a nurse or medical technician may give a patient the wrong type of medication or dosage. Another reason for a medical malpractice case is if the hospital employee did not follow the treating physician’s instructions regarding the care of a patient.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.
Medical malpractice cases must be brought soon after the injury. In most states, you must bring a medical malpractice claim fairly quickly -- often between six months and two years, depending on the state. (The time period in which you must bring the lawsuit is called the "statute of limitations.") If you don't file the lawsuit within the specified period of time, the court will dismiss the case regardless of the facts.
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.
But Clink, this isn't a case of the patient saying "If only I had known about this" it's a case of the patient saying "If the doctor hadn't lied about this when I asked." Those are two very different things. In the former case, you could say that it was something that the patient hadn't thought of beforehand and that the doctor wasn't obligated to disclose. In the latter, the patient did think about it beforehand, expressed that they considered it to be something that they needed to know, and the doctor deliberately gave them inaccurate information. You can't draw a line from one to the other that easily.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics. Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00. Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
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.
In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. Furthermore, the study found that the most common result of this negligence was death of the patient. The other most common categories of malpractice include negligent treatment and failure to warn.
"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.
Doctor Mistake, No Injury to Patient – Not all medical errors cause injury to the patient. For example, a doctor may prescribe the incorrect dosage of medication. The patient then takes the wrong dose, has a temporary reaction, and reports it to the doctor or pharmacist. If the error is caught before the patient suffers any serious or lasting injuries, then this would be considered a mistake on the doctor’s fault but would not be considered medical malpractice. The lack of harm to the patient does not erase the fact that the doctor made a serious mistake. In this situation, however, this would not be considered medical malpractice by the doctor because there is no lasting harm to the patient.
Doctor's surgeries also have a legal duty to provide an acceptable level of care to their patients. This will take into consideration issues such as waiting times, diagnoses and administration. If the surgery fails to reach the standards reasonably expected of the medical profession, and this directly harms their patients, the doctor's surgery will have been negligent.
According to the act, when the patient arrives at the ER or urgent care center, the hospital must determine whether the patient’s condition constitutes an emergency. If it does, the hospital must make all reasonable efforts to stabilize the patient. If a hospital fails to comply with the act, the patient may sue the hospital for both the monetary equivalent of the harm caused by the failure, and for an additional penalty of up to $50,000.
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.
Medical malpractice is not dependent on a poor result, and a poor result does not always constitute negligence. The practice of medicine is an inexact art, and there are no guarantees that any course of treatment. But doctors do make mistakes, and some of those mistakes rise to the level of medical malpractice. So what, exactly, constitutes negligent treatment by a physician?
Lets make it psychiatric: A psychiatrist recommends lamotrigine and warns of the risk of fatal skin rash. The patient asks the psychiatrist whether any of her patients has suicided. She lies and says no. The patient sloughs her skin, almost dies, discovers the lie and sues. She says if she had know the doctor has lost a patient to suicide she would have found another psychiatrist.
However, an attorney may be able to help you file a law suit against the negligent physician. When seeking your legal expert, the single most important factor is the attorney’s reputation. If you hire an attorney that is notorious for settling claims for less than they’re worth, you are less likely to receive the money you deserve. For more information on attorneys and the legal processes involved in medical malpractice law suits, please read our article Medical Malpractice and the Legal Process
In order to take legal action against a medical doctor for malpractice, you cannot just simply file a lawsuit with the court. Rather, you must first send a notice to the doctor, indicating to him or her that you are planning to file a lawsuit for medical malpractice. After filing the notice, there may be a waiting period before the injured patient is eligible to file a lawsuit.
They can easily get away with anything while hiding behind "confidentiality/patient privacy." They can also be knuckleheads because there is no agreement , consensus or strict definition of the various conditions. They can make any statement sounds nuts. I agree with taping (but the client keeps the tapes) and if the shrink objects, find someone else.
However, a "consequence of [the] Court's recognition of pre-ratification sovereignty as the source of immunity from suit is that only States and arms of the State possess immunity from suits authorized by federal law." Northern Ins. Co. of N. Y. v. Chatham County (emphases added). Thus, cities and municipalities lack sovereign immunity, Jinks v. Richland County, and counties are not generally considered to have sovereign immunity, even when they "exercise a 'slice of state power.'" Lake Country Estates, Inc. v. Tahoe Regional Planning Agency.
However, our legal system is set up in such a way where monetary damages is not only a way to compensate persons for lost wages, medical bills, and pain and suffering; it is also there as a way to hold doctors accountable for their actions. Without the threat of monetary sanctions and lawsuits, doctors would lose some motivation for conducting their professional lives in a careful and cautious manner. Furthermore, if you doctor did negligently injure you or a loved one, bringing suit against him may serve as a wakeup call and could possibly prevent him from injuring someone else in the future.