Dave took over my wrongful death case after it was badly messed up by another lawyer. He was dogged in his pursuit of all the information needed to make a solid case, and he succeeded in bringing it to a very satisfactory settlement. He was honest and straightforward, kind and compassionate through meetings, depositions, court appearances. I highly recommend him. Christine
These critics assert that these rate increases are causing doctors to go out of business or move to states with more favorable tort systems. Not everyone agrees, though, that medical malpractice lawsuits are solely causing these rate increases. A 2003 report from the General Accounting Office found multiple reasons for these rate increases, with medical malpractice lawsuits being the primary driver. Despite noting multiple reasons for rate increases, the report goes on to state that the "GAO found that losses on medical malpractice claims-which make up the largest part of insurers’ costs-appear to be the primary driver of rate increases in the long run." More recent data has indicated that medical malpractice rates are generally no longer rising. In 2011, data pooled from the industry by the publication Medical Liability Monitor indicated that medical malpractice insurance rates had declined for four straight years. The decrease was seen in both states that had enacted tort reform and in states that had not, leading actuaries familiar with the data to suggest that patient safety and risk management campaigns had had a more significant effect.
They even let me know if they're going to be letting a student do my blood draw, and they sure as hell better let me know if there's any risk I'm entrusting my life to a hack. (I once found out a doc who tried to push a drug on me represented Lily or whoever was making tht drug...so I wonder if they should be required to provide all this info up front, whether asked or not. I have an effing right to know who is slicing me up.)
I see why malpractice insurance is high. I think in many cases it's the attitude that goes along with the malpractice that leads to legal action being taken. I understand that that's not always the case, and sometimes it is simply an accident. However, I know in my family's situation had there been even a tiny morsel of remorse by the physician who treated my grandfather he wouldn't have had to travel to the state capitol. Misreading the fuzzy xray may have been an accident, but sending my grandfather home unable to walk or care for himself, in terrible pain with no pain medication for his broken hip was not an accident. We didn't profit from it, but the physician did have to get an attorney/attorneys when he faced the medical board - so you can blame people like him for the increase in your rates. Had he said he was sorry and not been such an a-- to my grandfather he wouldn't have had to go try to defend himself. He lost, by the way. Had to pay a fine and take some classes. He probably deserved more than he got, but it was something.
I have had the some problem with my Doctors. You have to ring at 8am to get an appointment. So i did and the phone rang and rang when you get the secretary she said’s sorry you will have to try again tomorrow all the appointments have gone. Its my back I tell her but she said’s take some pain killers and ring back tomorrow like I haven’t taken some pain killers. In the end I had an ambulance at my door with gas and air a few day later. Why can I not make an appointment when I need one it puts me off ever phoning them . I will always now think twice about doing so again and I could end up in a worst state.
My wife answered that question as you would have all doctors answer it, with a YES. Now that same patient who accused her of being cold, and having no empathy for their unbearable pain, is being SUED for everything she’s got because they couldn’t take responsibility for their own misuse of ADDICTIVE drugs. There is no such thing as chronic pain control WITHOUT potential dependance/addiction, and despite the constant pleas of ignorance in courtrooms all over this country, every adult in this society KNOWS THAT.
Based on a summary it is extremely difficult to give a yes or no "is this malpractice" answer. The medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.
The negligence caused a negative legal outcome - It is not sufficient that an attorney simply was negligent for a legal malpractice claim to be valid. The plaintiff must also prove that there were legal, monetary or other negative ramifications that were caused by the negligence. An unfavorable outcome by itself is not malpractice. There must be a direct causative link between a violation of the standard of professional conduct and the negative result.
Expert witnesses must be qualified by the Court, based on the prospective experts qualifications and the standards set from legal precedent. To be qualified as an expert in a medical malpractice case, a person must have a sufficient knowledge, education, training, or experience regarding the specific issue before the court to qualify the expert to give a reliable opinion on a relevant issue. The qualifications of the expert are not the deciding factors as to whether the individual will be qualified, although they are certainly important considerations. Expert testimony is not qualified "just because somebody with a diploma says it is so" (United States v. Ingham, 42 M.J. 218, 226 [A.C.M.R. 1995]). In addition to appropriate qualifications of the expert, the proposed testimony must meet certain criteria for reliability. In the United States, two models for evaluating the proposed testimony are used:
Examples of doctor negligence involve patients' complaints not being taken seriously enough, illnesses being incorrectly diagnosed, GPs refusing to carry out blood tests, incorrect or inappropriate medication being administered, incorrect doses of medication being prescribed, referrals to specialist consultants not being made in time or at all and follow up appointments/treatments not been carried out quickly enough . They can also include serious illnesses (such as cancer) being misdiagnosed as something less serious, broken or fractured bones going undiagnosed due to lack of referral for x-ray, failing to follow-up on a patient’s complaints and concerns, failing to correctly identify an illness or injury and treating an injury or illness in a manner which leads to complications and/or further injury or illness.
The next step is to prove that the defendant doctor breached the standard of care. What should the doctor have done, and what was actually done? For example, if the standard of care required the doctor to refer the patient to a specialist before terminating the doctor-patient relationship, failure to do so would constitute a breach of the standard of care. The expert's opinion comes into play at this stage as well, painting a picture of how the care provided was sub-standard under the circumstances.
For help on choosing a good medical malpractice attorney, read Nolo's article Finding a Personal Injury Lawyer . Or, you can go straight to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with medical malpractice claims).
Among the acts or omissions that may potentially support a medical malpractice claim are the failure to properly diagnose a disease or medical condition, the failure to provide appropriate treatment for a medical condition, and unreasonable delay in treating a diagnosed medical condition. In some jurisdictions a medical malpractice action may be allowed even without a mistake from the doctor, based upon principles of informed consent, where a patient was not informed of possible consequences of a course of treatment and would have declined the medical treatment had proper information been provided in advance.
Yes, I hear what you are saying. I would pursue if it was me, based on the limited facts I have here. Particularly if you now have permant damage to your ankle. Ankles have a funny way of NOT healing well to begin with, having the arduous job of holding up our weight in full every time we take a step AND being a 'steering' mechanism for a feet. I'd make that appointment with a med. mal. attorney right in your area.
Drove to hospital yesterday , took 1/2 hour to get parked , walked to reception , handed in form, walked to opthalmology , walked into crowded waiting room, looked for seat, saw one , walked towards seat , as I did so female appeared, Richard Bryston–Duncan Lucas , no Richard Bryston , step into room – Why did I get called so quickly — all the rest never kept their appointments and I was an hour early .
Suing a doctor for negligence requires much more than just filing a lawsuit in a Florida court. One of the prerequisites to filing a lawsuit against the doctor requires that you must first provide him or her with notice, indicating that you intend to file a lawsuit in the near future. A 90-day waiting period follows, during which the doctor may reject the claim outright, offer to settle the case, or ask to submit the case to arbitration.
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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.
A new, relatively untested issue involving medical professionals was introduced with the passing of the Consumer Protection Act in 2008. In the context of health care, the term “service” means work performed by a person for the direct or indirect benefit of another, including the provision of medical advice by a health professional. The Act thus widens the range of events for which you can claim compensation. It also enables you to seek compensation from manufacturers of medical products and devices in the event of their malfunction.
There is only a limited time during which a medical malpractice lawsuit can be filed. In the United States, these time limits are set by statute. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods." The length of the time period and when that period begins vary per jurisdiction and type of malpractice. Therefore, each state has different time limits set. For example, in Pennsylvania, there is a two-year statute of limitation, but in other states the limitations period may be longer. Most states have special provisions for minors that may potentially extend the statute of limitations for a minor who has been injured as the result of medical malpractice.
Once the Form 95 has been filed with the appropriate federal agency, then you must work with the agency to resolve your claim. There are a lot of pitfalls if you do not know what you are doing. If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period. Our attorneys have decades of trial experience and are able to assist you in this process. Please contact us if you need a free evaluation of your claim. Once you have filed your form 95, you must wait at least 6 months (maybe more depending on the course of your administrative claim) before you can file a federal lawsuit.
Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.