For example, if a doctor prescribes a medication without first asking you about allergies, and you have a severe adverse reaction, this could be a case of negligence. But if you failed to mention one of your allergies when asked, or the doctor could have had no way of knowing that you could be allergic to the medicine prescribed, there was no negligence, and you would be unable to sue for malpractice.
Your safety and health should always be your first priority in any medical decision you make. If you have already been injured by a doctor’s negligence or mistake, report the problem to your doctor immediately and seek immediate medical treatment from a different physician. If you identify problems early, another physician may be able to improve the medical error.
Army Medical Malpractice Cancer $701,790 received by clients $250,000 attorneys' fees $48,209 litigation expenses Owen v. United States Darnall Army Community Hospital Our client underwent surgery at the U.S. Army MEDDAC in Nuremberg, Germany. Following surgery, our client transferred her care to DACH. Despite pathology results that revealed cancer, Ft.
Doctor Mistake, Injury is Minor – This category encompasses situations in which a doctor misdiagnoses an injury (perhaps an ankle sprain) and then quickly corrects the misdiagnosis. Like the no-injury scenario described above, the patient would not have a case for medical malpractice against the doctor. Because the doctor quickly corrected the mistake, the patient suffered no damage.
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.
While most people think of medical malpractice claims only in terms of the clear errors, like amputating the wrong leg, or dropping a junior mint into someone’s body during surgery, it is generally much more nuanced. When a doctor fails to make an appropriate diagnosis, prescribes the wrong medication, or fails to communicate important information, malpractice claims may be possible in these situations as well.
Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.
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.
I thought my first encounter with my new psychiatrist was traumatic but after reading everyone's comments I don't feel like I was abused as badly as so many of you were. I am doing research because this doctor was so rude and unprofessional that I actually was traumatized when I left his office after our first session. After reading and doing some research I have found that unfortunately I can not sue him for medical malpractice but you can bet I am going to report him to every medical organization I can. I have already gone to the hospital and spoken to upper management and they have forced him to prescribe my medication in the correct quantity after he lied to me in session and told me he could only prescribe a 30 day quantity. How am I supposed to make it through the other 2 months before my next appointment with him if I only have a 30 day supply? Idiot. He was irritated with me because even though he had my chart (my regular doctor abruptly left her practice 8 days before my scheduled appointment with her) and I was shuffled to this clown and they sent all my records to him (or so they said). He kept asking ME which of the meds listed on my chart were my psych meds and got irritated when I told him I didn't know. That's when I started to get nervous. If he was a real doctor, how is it he couldn't pick out the psych meds from everything else on my list? He asked me why I was taking so many anti-depressants. I thought to myself--that's a stupid question-I am the patient, I didn't prescribe them so how would I be able to even begin to answer that question? He explained that giving anti-depressants to a bipolar was like giving them rocket fuel. Then he snickered and said that maybe I had pissed off my last doctor( I suppose as an explanation for why she was overmedicating me and according to his opinion after seeing me for all of 15 minutes that I was too manic) As he perused my chart he saw something he didn't like and he said, "Shit!" I thought ok, that wasn't very professional. As he proceeded to ask questions, when I answered them (or I should say tried to answer them) he would interrupt me when he felt he'd gotten the information he needed and he'd say, " ok, that's all I need to know". He cut me off mid-sentence repeatedly as if I was wasting his time and he wanted me to just shut up once he got what he wanted for his purposes. One of my conditions is bipolar and somehow the question of being highly sexual came up and he said, "Oh, so you were promiscuous." I have never had anyone use that kind of terminology to describe that particular symptom. I have read books, magazines, done on-line research about bipolar ever since my diagnosis and I have not encountered that wording to describe the condition. I was shocked to hear a doctor use that term. I felt like he had called me a whore. At least that's how I felt. He asked me about working with other doctors and I shared that I had one doctor who never shared or gave any feedback and he laughed and said, "Well, then you won't like me, because I don't give feedback either." I thought to myself, how is it funny that a psychiatrist doesn't give a patient any kind of feedback at all? How is he going to now how my meds are working or if they aren't, and how am I supposed to know the same thing if he never interacts with me?" The icing on the cake was when he abruptly stopped speaking in the middle of his instructions about my meds and said, "OK, time's up, our session is over." I was so surprised I really had no idea what to say. I sat there for a minute trying to collect myself and to see if he was serious and he just kept staring at me, so I said,"Um, well, if you think it's not important to give me instructions on my meds, then I guess I have to leave since you are telling me to go." I was floundering at this point because I honestly had no idea what I was going to do. They tell you to take your meds, take your meds, take your meds, because it is so important that you stay on your regime once your doctor gets you started, and so many people with bipolar stop once they feel better, but I knew how wild my life had been before I was finally diagnosed so I am totally dedicated to staying on medications and here was my doctor kicking me out of his office without my meds. I was totally freaked out. Then he said, "No, I'm going to finish giving you your instructions, but I wanted to make a point of it that you were late and that now you are cutting into my next patient's time. I had been on time but I did stop at the desk to write my co-pay which took all of maybe 2 or 3 minutes. He finished his instructions to me and as I was leaving he said, "Remember, if you want respect, you have to give respect." And then he instructed me to be early to my next visit. I suppose to be sure that I didn't spend 3 minutes writing out my co-pay. I was so freaked out, I felt like a criminal for almost three days because I believed I had been so bad. Thank goodness, I've had several good doctors over the years, and as I processed it more and more I started to get angry. Really, really angry. I won't even go into the run around I got from the sorry excuse they have for a patient liason who was absolutely no help. As a matter of fact, after dealing with her, I was even angrier. I was torn between pursuing the matter further or just letting it go because I knew I was going to run out of meds in 30 days and then what? But this week after seeing my talk therapist and being able to compare my reactions to hers, I realized that HE was the one who had been wildly inappropriate and that he had been unprofessional, rude, and actually, just downright mean. I have no idea why people like that are even allowed to practice medicine. Especially the kind of medicine where they can really mess someone up with medication and with inappropriate or cruel behavior. So I drove to the hospital, demanded to see anyone who was not that excuse for a patient liason, got a printed copy of my patient's rights (which I did not know existed had I not seen them posted on the wall at the front desk when I went in that day) They called and I got to speak to someone in risk management (so apparently the patient liason person lied to me when she said she did not report to anyone and refused to let me have the corporate address and said they only people above her were the doctors and they would not want to speak to me about my issue)
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
In the course of medical treatment, mistakes can be made that can further damage your health — or lead to new issues altogether. When these situations are caused by the medical negligence of health care providers, it is important that they are held accountable — not just so that those affected can be compensated, but so that the negligence is not repeated.
^ Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts, Lewis L. Laska, J.D., Ph.D. and Katherine Forrest, M.D., M.P.H. Commonweal Institute, October 6, 2004. From the report, "The premise that medical malpractice awards have been rising dramatically in the United States in recent years, driving up the cost of healthcare and forcing physicians out of practice, is not supported by relevant evidence."
Medical malpractice lawsuits typically have a short statute of limitations. This means that you don’t have much time after your injury to start the lawsuit. If you miss the deadline, your case will be thrown out regardless of the facts. Most states have a statute of limitations of three years or less. Some states extend the deadline if you had no way of knowing you were injured for months or years after a negligent medical procedure, however.