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.
An award for pain and suffering is not obtainable unless your injuries reach at least 15% of a most extreme case. There is, however, no set way of measuring what 15% of a most extreme case looks like so every injured person must be individually assessed by the Judge and a percentage decided. The maximum award for pain and suffering is about $612,500.00 and is indexed each year to keep pace with inflation.
I am 7 1/2 months pregnant and was put on methadone about 2 1/2 months ago at the hospital. Then my old doctor started prescribing me my methadone. I had to go back to the hospital last week and they gave me meds while there. Now my doctor is dropping me as a patient because I got meds from the hospspital. At this point, I have no one to prescribe my meds because I get afford the hospital clinic anymore. If I don't have them I was told that there is 50% chance my baby will die. And now my OBGYN says that if I don't get my meth they will drop me as a patient and I will have no one to care for me.
At trial the jury found in favor of the doctor because even the plaintiff's expert couldn't say that the complications were the direct result of improperly performed surgery. Even properly done surgery of this type carried the risk of perforation, bleeding and infection. The plaintiff also alleged that the doctor failed to give her informed consent because he gave false information about his personal background. The trial court wouldn't allow the informed consent issue to be raised because in Wisconsin the law only required that physicians tell patients the material risks of proposed treatment. There was no affirmative duty to disclose professional background information even when asked.
If you file a complaint with the medical board and then file suit, know that the medical board can only take administrative action against the doctor’s license to practice medicine. It can’t help you pursue a medical malpractice case. It also can’t disclose any information that it collects during the course of its review with you or your family members.
It is typically the referring physician who orders the tests, or the provider responsible for administering medical tests (a radiologist or pathologist) who is named as a defendant in a malpractice case involving failed communication of test results. Depending on the case, it may also be possible to hold the hospital itself, responsible for patient harm due to negligent failure to communicate the results of medical testing.
As for your attempt to on the one hand to frame doctors as greedy drug dealers responsible for for most of this countries drug abuse, while at the same time trying to shame them into believing that theirs is a selfless avocation, some kind of priesthood where anyone not willing to martyr themselves to an ungrateful public, shouldn’t be able to practice. -Well i think you’d better put down whatever pills you’ve been swallowing, and come back to reality. Medicine is a profession, and its filled with human beings, not saints or demons. Human beings who will choose their own well being over that of a potential enemy every time just as YOU would. And greedy lawyers, unscrupulous patients, and unwitting juries all over this country are increasingly causing doctors to view their patients as potential enemies.
A case can be opened only if the alleged malpractice happened less than three years previously. There are a few exceptions to this general rule. If the injured party was under 18 at the time of the incident and his or her parents failed to seek compensation on behalf of the child, on turning 18, the child has one year to seek compensation on his or her own account. An injured party suffering from a mental illness has three years to make a claim on recovery from this illness. Exceptions might also be made if the injured party was compelled to be outside South Africa during the three-year intervening period.
You withheld information from the doctor or gave misleading information to the doctor which might have aided or hindered the doctor’s ability to diagnose the problem. For example, if you tell the doctor that you don’t smoke even though you do, than the doctor may not be able to properly diagnose that you have developed lung cancer or other respiratory illnesses.
Back surgery remains a highly controversial area of surgical medicine and the ambiguity of the outcomes supports why some surgeons are extremely conservative in identifying good surgical candidates. The first surgeon did not find you to be a good surgical candidate, the second one did. "proving" that surgeon #1 lied to you may assuage your outrage, but does nothing to further your case or your health and it's likely to fail in court. So my opinion, move on. Best of luck.