In New York City, when someone is injured by hospital negligence, that victim should seek the legal advice of a Bronx medical malpractice attorney who has experience representing the victims of hospital negligence and challenging hospitals in court. A good medical malpractice lawyer can identify violations of a hospital’s policies and regulations by interviewing hospital personnel, obtaining records, and thoroughly investigating negligence claims. The best medical malpractice attorneys additionally help their clients to obtain the quality medical healthcare they need after an incident of medical malpractice.
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.)
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.
Keep in mind, the standard of care differs from region to region and takes your doctor’s level of education and experience into account. As a result, a rural internist with a small private practice is not held to the same standard of care as a board-certified infectious disease specialist practicing in a cutting edge urban hospital. The well of knowledge and experience from which each doctor is drawing is vastly different.
Thomas J. Lavin, Esquire, has been practicing law in New York since 1984. His practice focuses primarily on protecting the rights of the injured. Mr. Lavin graduated summa cum laude from Iona College in 1979 and earned his Juris Doctor degree from St. John’s University School of Law in 1983. The Law Offices of Thomas J. Lavin have provided legal help to more than 5,000 accident victims in thirty years of personal injury practice.
This means that if an employee or other individual under the direction of the employer acted in a negligent manner, the employer is responsible for the injuries that resulted. Generally, nurses, medical technicians and paramedics are the direct employees of the hospital. If the hospital employee was performing a job-related function when the patient was injured, the patient can usually sue the hospital for the employee’s mistake.
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.
Even though current compensation awards take longer lifespans into account, there could still be a mismatch between the assumed lifespan and the actual lifespan of the patient. An arbitration agreement that contracts medical providers to cover the cost of health care for the actual lifetime of the patient removes this risk, Kellerman says, and it would provide the greatest benefit. Waiting for five to eight years for a court resolution is avoided, and there is no erosion of compensation by contingency fees (up to 25 percent), as the costs of the mediation are usually prescribed by fixed tariffs. The process does not place an emotional or financial burden on the injured party, and resolution, if done proactively from the outset, could take less than two years.
3. Evidence - keep track of any evidence which could be relevant to your case. Keep detailed records of your appointments with your GP, together with records of any telephone consultations and referral appointments. Your solicitor will arrange to obtain and copy of your medical notes and x-rays. You will have to pass this information on to your lawyer and it will be a lot easier if you have it at hand. Keep any prescriptions, receipts from further treatments, notes of further treatment and a diary detailing the progression of your health issues. For example, if you fell ill with appendicitis and your GP failed to diagnose it, you should keep a note of the progression of your condition, if you are well enough to do so. All of this is not vital, but very helpful.
I'm on my 4th Psychiatrist in the same practice over the past several years. I've been diagnosed with severe anxiety, manic depression, Bipolar and even ADHD. I also see a therapist in the same office who actually happens to be a Dr., 2 of the Psychiatrists were not actual MD's. they were associates. The therapist is the reason I keep going back though, he is helpful and doesn't always agree with the medications I've been prescribed. They even had me go through 6 1/2 weeks of TMS treatment, 45 minutes a day 5 days a week.
If you have been injured by someone acting on behalf of the Federal Government, you may be able to sue the Government under the FTCA. Because suing the United States Government under the FTCA is trickier than suing a private entity or private citizen, you should retain an attorney who is experienced in handling these complex cases. The FTCA attorneys at Suthers Law Firm have successfully represented individuals in medical malpractice and personal injury cases against the Government, and have the requisite experience and resources to take on the Government. If you or a loved one has been injured at the hands of the Government, contact Suthers Law Firm for a free consultation.
To establish whether or not your doctor has been negligent they will have to be shown to have been in a position where they owed you/the patient a duty of care and that you or the patient suffered direct harm as a result of their negligent management of this care. The decisions the doctor made and the treatment they gave will be assessed. If it is found that they acted in a way in which other doctors would not have acted, and this resulted in a negative effect, you will have grounds to make a successful medical negligence claim.
This combination destroyed my life over the last 5 years. Am I to blame, in the diseased state of addiction, because I requested these drugs? I’m sure, to some degree. Is my Dr. to blame for over-medicating me then kicking me to the curb with multiple addictions that no doctor would ever care for – once everything fell apart financially (and everything else for that matter) for me 5 years later? He absolutely is, and I plan on suing him.
If an expert testifies that a doctor had the opportunity to diagnose cancer earlier but failed (negligently) to do so, it would then have to be shown through complex medical evidence that the patient suffered additional harm. Proving that a delay in diagnosis lead to additional injury – death from cancer that otherwise may have been cured, or prolonged treatment and suffering that should have been avoided – is necessary to establish a medical malpractice claim.
Calitz explains that to bring a successful medical malpractice claim, you need to prove that the treatment you received deviated from a particular “standard of care”, and that it was the deviation (which can be an act or omission) from this standard that resulted in harm. The “standard of care” is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances.
In the past, a lawyer acting for a wronged patient might have advised his or her client first to report the matter to the Health Professions Council of South Africa (HPCSA), the professional body mandated to register health professionals and ensure practitioners are fit to practise, before proceeding with a civil case in the courts. Even though the HPCSA does not have the power to arbitrate on compensation, the rationale was that an HPCSA ruling and censure of the doctors concerned would improve the chances of a patient succeeding in a civil case.
The first element for your solicitor to prove if you are suing the NHS or a private doctor is that the medical professional or medical institution was negligent. Negligence is where the standard of medical care provided by the NHS or private hospital fell below the level expected of a professional in the field. For example, patients may be able to sue NHS hospitals because of failure to diagnose a medical condition, mistakes made in treatment such as surgery and use of improper or out of date treatment or medication.
In an action against a surgeon for malpractice, the jury should be instructed that the plaintiff must show by a preponderance of the evidence and the jury must find that the defendant in the performance of his service either did some particular thing or things that physicians and surgeons of ordinary skill, care and diligence would not have done under the same or similar circumstances, or that the defendant failed or omitted to do some particular thing or things which physicians and surgeons of ordinary skill, care and diligence would have done under the same or similar circumstances.
So heres where everyone gets mad at me….. Yes, Im saying this is 90% my original DR.’s fault. Im on disability and not able to see ANY dr. i want – I tried to reason with her to NOT increase the dosage. Did i end up taking the patch and pills prescribed? YES. But i was also told by the prescribing DR. that addiction would NOT be an issue. Tolerance, yes.. but specifically NOT ADDICTION. Its in her clinic notes, and I have copies of all of them.
A hospital can be held liable for the negligence of its employees. Typically, nurses are hospital employees. And in some cases, medical technicians and paramedics are also employed by a hospital. As long as the employee was doing something job-related when he or she injured the patient (who would be the plaintiff in the case), the plaintiff can sue the hospital over the injury.
First, you must show that the health care provider acted negligently. Medical negligence occurs when a professional violates the standard of care. The standard of care is the professionally accepted method for treating a specific disorder. This standard varies depending on a number of factors including the patient's age, overall health, and specific disorder, as well as geographic location.
We certainly need to commit more money to the NHS for both medics and facilities. I think the existing facilities could probably absorb several thousand more doctors, nurses and other specialists if such people were available, but at the same time we need to start another major hospital building programme [as well as specialist units to take the pressure off general hospitals]. Additional resources for psychiatric conditions are also vital as failure there impacts on other medical services. It’s no good building hospitals until we have an adequate pipeline of professionals to staff them so training needs to be boosted. If all this was authorised now it would be at least seven years before we had the first new fully-staffed hospital. There is no time to waste while we argue over where any Brexit dividend will be used. We need a commitment now.
That’s impossible. A reputable personal injury attorney will not charge you for an initial consultation. Michaels & Smolak will give you a free consultation. If we decide to represent you, we will charge you on a contingency fee basis, which is usually 1/3 of the net recovery we obtain for you, whether from a settlement or from a jury. Since the initial consultation is free, why wait? Contact us today for a free consultation.
Not true! There are thousands of physicians sued successfully every year without ending in the loss of their licenses or practices. Although your doctor will have to spend some time defending the suit, throughout the process he will most likely still be able to see his patients and conduct his life as normal. Furthermore, after the conclusion of the suit, he will most likely go back to treating his patients – albeit, hopefully, more carefully this time.
I just don’t understand it here in UK, why is it so bad? I’m from Australia living in London and when i first registered for a doctor i was told i would have to wait 2 – 3 weeks. So you have to know in advance if you’re going to be sick? I had been terribly i’ll for 3 days , fever, vomiting, diarrhea etc, so i decided to go to a walk in clinic instead where after waiting 5 hours i was told that i didn’t really need to see a doctor and i would only be seeing a nurse. Upon explaining my symptoms the nurse she asked me if i had eaten out in the last 3 days, after i replied that i hadn’t eaten out at all, she just out of no where looked me straight in the face and said exactly this “Why are you trying to deny it could be something you have eaten?”. I was literally just speechless. Anyway a long story short, she prescribed me water. I then went across the road to the chemist and asked if they had anything to settle my stomach and diarrhea and she just looked at me and said you need to see a doctor, i literally just laughed.
An August 2003 National Bureau of Economic Research paper by Katherine Baicker and Amitabh Chandra found that (1) "increases in malpractice payments made on behalf of physicians do not seem to be the driving force behind increases in premiums"; (2) "increases in malpractice costs (both premiums overall and the subcomponent factors) do not seem to affect the overall size of the physician workforce, although they may deter marginal entry, increase marginal exit, and reduce the rural physician workforce"; and (3) "there is little evidence of increased use of many treatments in response to malpractice liability at the state level, although there may be some increase in screening procedures such as mammography."
The 10th US Court of Appeals reviewed various similar informed consent cases and found that courts took different views on whether or not lying to a patient about a physician's background could be considered a breach of informed consent. Some courts held that doctors could be found liable only if they lied regarding the risks of the proposed treatment. In this case, the appellate court decided that the patient should have had a chance to make the argument, and sent the case back for retrial on that issue.
One of the most common reasons that a physician may be accused of medical malpractice is due to the failure to diagnose. This is premised on the idea that the patient needlessly suffered for an extended period of time because the doctor failed to properly evaluate tests or run tests that should have reasonably notified him or her of the potential diagnosis. Other examples of medical malpractice include misdiagnosing a medical condition, failing to provide appropriate treatment, causing an unreasonable delay in treating a diagnosed condition, violating HIPAA laws, performing wrong-site surgery and performing surgery on the wrong patient.
Trying to get an appointment in my area (Cornwall) is harder than ever. It’s made me lose faith and feel daily that there is no point even trying. I’m currently experiencing Bipolar symptoms and I want to be able to get diagnosed with this, but this is impossible without seeing a GP first. You can ring every day, early in the morning for a week and you’d still get nowhere. Something has to change. This is a failing system.
Although it is not unheard of for a doctor to alter medical records, it is extremely rare. If your doctor does alter your medical records, this fact alone will not irreparably harm your case. There have been major advances in forensic technology over the past years. It is now possible to detect changes in ink, spacing, and handwriting that may have been made by your doctor when he tried to alter your records.