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Medical Malpractice Hernia Operation | Medical Malpractice Kidney Failure

Holding Negligent Healthcare Providers Accountable Our team of experienced, litigating attorneys have spent thousands of hours in actual courtrooms fighting for victims of medical malpractice in Florida. Our firm has the resources necessary to hire the appropriate expert witnesses, investigators, … Continue reading Florida Medical Malpractice Attorneys
The Avery Index estimates that Washington, D.C. has the highest concentration of lawyers in the United States, with about 276 lawyers per 10,000 residents. Most are smart and capable. However, when the stakes are high and you are contemplating waging a legal battle to obtain justice when you have been harmed by a medical professional, you want an attorney who has tried cases before and knows what it takes to win.
Chris Archer, the chief executive of South African Private Practitioners Forum, says it is fashionable for health practitioners to blame lawyers for the increase in malpractice cases, but the working conditions of many health professionals also play a role. “Many health professionals work in solo practices or small partnerships without professional support or routine peer review. There is limited use of protocols and guidelines and little to no teamwork among private practitioners,” he says.
In the vast majority of cases, establishing the answer to this question requires testimony from an expert medical witness. The patient (usually through an attorney) consults a doctor who specializes in the relevant field, and the doctor offers an opinion as to the proper procedures to follow when deciding whether to terminate care in cases like the patient's -- and if the proper decision is to end care, the expert will also set out the appropriate way to go about ending the doctor-patient relationship under the circumstances.
Doctor Liability, Damages Are Small – Some states have enacted tort reforms that apply caps to the amount of money an injured patient can recover from a medical malpractice claim.  Under these caps, a patient may only be entitled to a $250,000 verdict.  While this amount of money may seem large, the patient must share that money with expert witnesses, investigators, and attorneys.  In the end, the patient’s financial recovery may be slight.  Attorneys may hesitate to take a case if it seems like the recovery will be negligible.  However, some patients are more concerned with filing suit as a matter of principle than as a means of financial recovery.  Sometimes lawyers are willing to take a case to help the client make such a statement.
Now I find myself with a new doctor that is scared of the DEA – they have prosecuted tons of doctors at this point and this new doctor wants to do nothing but cover her butt. So she takes_me_off_the_meds_I’ve_been _stable_on_for_9_years ….. and switches me to 2x long-acting (12 hrs – yeah try 8..) “crush-resistant” (aka – take it 1.5 hrs before you need relief or your previous dose wears off – whatever comes first) pills with some reasonable break thru meds…
i was a client of mind springs mental health in colorado for many years and dr. richard berkley has decided to just drop me as a client without bothering to inform me or to properly detox me from schedule 2 medications i have been on for years- he also decided to cut memory enhancing and sleep apnea medications in half without informing me of the changes and i had used the medication as i had always done then i had to suffer detox symptoms for that medication- now i face detox from adderall, valium and provigil in just days as i will be out of these medications. i am certain that this could be considered attempted manslaughter as he is aware that just stopping these medications cold turkey that death is a very real possibility. i warn people of using doctor richard berkley as a precriber because his ethics are slim to none when it comes to informing patients he is going to make med changes or drop them without properly bringing them off these kinds of medications...karin wrape, former client of mind springs mental health-oh and they also scheduled me for an appointment at an office in a city i have never been to... talk about incompetence!
I disagree with moviedoc. It most certainly was relevant to the patient. If a patient does not give informed consent to a procedure and you do the procedure anyway it's called assault. The patient did not give informed consent. She agreed based on deceitful information. That's not informed consent. He could have said, "I don't have to answer those questions, it's not your business." That's certainly his right. It's not his right to lie to the patient so they'll sign the consent form so he can make money.
I would be very surprised to learn that a “specialist” had no experience in a common GI disorder or was unable to do more than send you away. However, I do not have enough facts to determine whether this doctor complied with the standard of care or whether you were harmed by a failure to comply with the standard of care. Another GI specialist can speak to the standard of care. A lawyer can determine whether you’ve suffered compensable harm. Request all of you medical records, ask your current GI if this was a breach and see a lawyer if the answer is “Yes.”

After experiencing negligent medical care from a trusted physician or hospital, it can be difficult choosing an attorney from a sea of unknown names. The law firm you choose may be the most important decision you ever make about your case.  Ask each attorney you are considering how many medical malpractice cases they have actually tried. Then ask yourself, for the same fee, wouldn’t you rather have the experience and expertise of The O’Keefe Firm to represent you?

Medical malpractice lawsuits, like all civil cases, can only be brought within a certain period of time. That deadline is set by a law known called a “statute of limitations.” Every state has passed these kinds of laws, with different deadlines according to the kind of case you want to file. In almost every state, there is a dedicated statute of limitations that applies to medical malpractice cases.
I complained to my doctor at 18yoabout symptoms that should alert to endometriosis . I began my menstrual cycle at 11yo and it only kept getting worse because of the scar tissue build up . I was privately insured and he failed to refer me to an Ob - Gyn . He only prescribed ibuprofen and did nothing else . I am 22yo today and have just discovered I have endometriosis that has been scarring my uterus for years now and the doctor recommended a laproscopy procedure to remove all the scar tissue and endo cells outside my uterus to stop the spread that can result in infertility . I have believed the pain I was feelings was normal because my doctor dismissed my complaints . Had he referred me the growth of en do would have not been this advanced . There is 50% chance I cannot have children ! !
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In the wake of a medical malpractice accident, you should hire a personal injury attorney so he/she can determine if somebody negligently provided medical care to you and who can determine what injuries were caused as a result. If a personal injury attorney determines that medical malpractice did occur, a lawsuit can be filed. One of the most important things that you can do is to take pictures of any things that don't look right- such as cuts or abrasions. You can also gather all hospital records, request more medical documentation from a hospital and research a doctor's medical track record. Keep a journal to record the medical malpractice incident, your injuries and follow-up care.
MPS insures doctors in the private sector. According to its figures, thought to be conservative by some practitioners, the number of claims increased by 27 percent between 2009 and 2015, and claim size escalated by an average of 14 percent over the same period. At the Medico-Legal Summit, a once-off event convened by the Minister of Health, Dr Aaron Motsoaledi, in March 2015, MPS’s head of medical services in Africa, Dr Graham Howarth, said that the highest claim currently, lodged in 2013, was for R80 million.
at no point did I mention that he does not believe that the medicine is not in my best interest. He claimed he did not know about the illness which is absurd and insulting to the intelligence. I have been around doctors plenty, and know more than the average person about digestive problems. I have seen doctors in the US and overseas. no one, not even the newbies said that they do not know about it. everyone knows it and knows the treatment for it. That is why I am extremely upset about being turned away and want him to be held accountable for not treating a patient. I could careless about getting money out of him and if I do I would put most of to research of this disease. About the comment about going out on a limb, the medications I have do not contain any narcotics or any substance that is addictive or gives any kind of high. I also brought a bag with all my medications. that been said, am I to understand that since there are sting patients a guy like me who has blood coming out of his body every day should go untreated or even checked on the very least. That does not make any sense. These has to be a law somewhere that protects people from that kind of behavior.

Many states require patients to jump through a few hoops before filing medical malpractice lawsuits. These requirements vary by state. A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of alternative dispute resolution (ADR).
I tried to make an appointment with my GP only to be told I couldn’t get in to to see one for five weeks I couldn’t help but laugh. She said if it’s an emergency the doctor could ring me back so i explained to the receptionists my problem and she classed it an emergency appointment . So I waited all day with my phone next to me only to have a phone call from the receptionists to say the doctor had been called out on an emergency and would call me back in the morning. So all day I waited yet again for a phone call from the doctor, eventually the next day I received a missed call at 6.50 in the evening with a message from my GP apologising for the delay , and could I ring the following morning to see if I can get in because it’s clear I need to see a doctor. I do understand doctors are really busy but to me this is ridiculous . So I have now decided to. Change to a different doctors surgery which is a real shame because I’ve been at this surgery for 25 years.
Medical malpractice lawyers generally offer free initial consultations. Most rely on contingency fees, meaning that the patient never pays the lawyer. If the lawyer wins the case, the law firm takes a portion (usually about 1/3) of the award. If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for a few small costs.

Interesting comments. My heart goes out to the doctors caught in the middle,as well as patients discovering to their chagrin the diiference between dependence and addiction. I have been treating addictions for over 20 years in both urban and rural areas in the northeast part of the U.S. I have found addiction does not discriminate but society still does, particularly by marginalizing and stigmatizing much in the same manner as we did for cancer years ago and HIV/mental illness more recently.
If the doctor's mistake was one that a reasonable doctor would make, he has not acted negligently and has not committed medical malpractice. Often when a doctor fails to diagnose a medical problem, he may mistake the problem for something else and attempt to treat that. Likewise, if the medical problem is extremely rare, unknown, or difficult to identify, than a proper diagnose may not be possible.
Any of these areas of conduct could classify as negligent practice, and if it can be shown these actions caused identifiable loss, damage, pain, or injury to you, there may well be a case to report a negligent Doctor to the British Medical Association (BMA). You should also check whether the hospital has a Patient Liaison and advisory service (PALS). If they do, you can complain directly to them, and they will investigate your complaint and provide a decision whether your complaint is justified. PALS will not, however, provide legal advice whether the actions or omissions of the Doctor were negligent.
Medical tests can be divided into two broad categories: diagnostic tests and screening tests. Diagnostic tests are administered to patients who exhibit signs of a disease or condition, such as a woman with a lump in her breast or a man with pain and pressure in his chest. Screening tests, on the other hand, are performed on patients who are considered to be at risk of developing a disease or condition – for example, routine mammograms for women and PSA screenings for men.
The South Dakota surgeon had been called to vouch for the expertise of one of his partners whose patient had suffered a stroke and permanent disability after an operation. The problem was Aanning had, in his own mind, questioned his colleague’s skill. His partner’s patients had suffered injuries related to his procedures. But Aanning understood why his partner’s attorney had called him as a witness: Doctors don’t squeal on doctors.
Our medical malpractice lawyers have built a reputation for success. Wocl Leydon is recognized throughout the legal community for its commitment to aggressive litigation on behalf of deserving clients and families. As an AV rated Preeminent* law firm, we are recognized throughout the state for our ability to investigate the malpractice issues, present the detailed evidence of negligence necessary to establish a client’s right to compensation, and provide a documented damages calculation that can withstand a defense attorney’s attack. This reputation frequently earns us referrals from other attorneys as well as invitations to speak at legal seminars.
It might have something to do with the government plans for GP,s to work -8am -8pm -SEVEN days a week –AND – consult with patients on Skype and email. But that just one of the issues GP DR Sarah says in her blog – which to me sounds fair comment– patient.info/blogs/sarah-says/2014/04/gp-extended-hours-great-in-theory-but/ To me this is just a devious government action to justify full privatisation of the NHS . A step at a time–public anger– bad GP,s -government- we can help — then the next “problem ” initiated by the government till – the SUN newspaper – GP,s “damaging” patients health and – look how “good ” the American system is (full privatisation ) we should get it here , and all the Lemmings jump off the cliff in agreement. I should add the rich Lemmings survive, pity about the poor.
If the doctor performs procedure B after the patient has given informed consent for procedure A, the patient can sue the doctor based on lack of informed consent. This is true even if the procedure was successful. For example, if a doctor operates on the left leg to remove a growth that is on the right leg, the patient may be able to sue for, among other things, lack of informed consent.
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.
As fear over “spurious claims” grew, and the lucrative nature of malpractice payouts became clear, legislation began to account for the concept of shared fault in medical malpractice claims. Many states arrived at the conclusion that a medical professional was not always exclusively responsible for the injury incurred. The doctrines of contributory and comparative fault allow the jury to assess the claim and assign a correct amount of blame to plaintiff as well as the defendant. Allowing fault to be shared promotes responsibility for both parties.
The second main component of your case will be the establishment of medical malpractice  damages. To sue the doctor, it’s not enough that he or she failed to treat or diagnose a disease or injury in time; it must also have caused additional injury. That means showing exactly how -- and to what extent -- the delay in the provision of medical care harmed you. This will also usually require the testimony of an expert medical witness.
We consider all cases on a Conditional Fee Agreement (CFA), also known as a No Win No Fee agreement. This means that if you are not successful in pursuing your claim, we will not charge you any of our base legal costs. If we are successful with your claim, we submit the costs which we have incurred in pursuing the claim to the defendant/s and or their insurers. We are also entitled to charge a success fee, which will be deducted from your recoverable damages at the end of the claim. However, we can offer a competitive success fee and our aim will always to beat a success fee offer by any other firm. This means that we aim to beat the terms offered by other law firms and you will receive more of your compensation.
The doctor knew full well this would happen – there is no excuse and I will not let this slip. No one should. I like the comment regarding managing your own pain as a chronic pain pt however there is no amount of managing you can do when you span years and your body is used to something and then it goes away.. You may not be addicted mentally but your body will betray you in the end as I’m showing you – I never asked for an increase, I never misused my meds, I never sold them – I was stable for 9 years. I would not consider myself an addictive-personality either but your brain gets re-wired and this is a case that no one should ever have to face.
Suing the Government under the FTCA is different than suing a private company or individual.  There are a number of hoops that you have to jump through before you can even file the lawsuit. There are also certain limitations in lawsuits against the Government that you don’t have in lawsuits against private parties.  While you are entitled to a trial under the FTCA, it is a “bench trial,” meaning the judge renders the decision and not a jury.  Fortunately for the victims in the above-referenced malpractice case, the judge recognized the serious and permanent nature of the child’s injuries and the extraordinary expenses that would be required to provide for the child’s future medical and life care needs.
In the wake of a medical malpractice accident, you should hire a personal injury attorney so he/she can determine if somebody negligently provided medical care to you and who can determine what injuries were caused as a result. If a personal injury attorney determines that medical malpractice did occur, a lawsuit can be filed. One of the most important things that you can do is to take pictures of any things that don't look right- such as cuts or abrasions. You can also gather all hospital records, request more medical documentation from a hospital and research a doctor's medical track record. Keep a journal to record the medical malpractice incident, your injuries and follow-up care.

Investigation: Before a case is even filed with the Connecticut courts, it is essential that an initial investigation of the matter be completed. Our team works with medical experts in the field to determine whether medical negligence was committed by your doctor or any other medical professional. Our lawyers then determine how that negligence caused your injury.


This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. All material on this site is not intended, and must not be taken, as legal advice. Contact a licensed attorney in your jurisdiction for advice on specific legal issues or problems. Receipt of information from and use of this website to contact Gilman & Bedigian or one of its lawyers does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.
It is possible, however, to commit a criminal homicide based on wanton or reckless behavior. In other words, if someone acts with such disregard for the safety of others that death or serious injury is almost a given, this is often enough for certain types of criminal charges. However, doctors and other medical professionals are highly trained, very knowledgeable individuals. They are heavily regulated to prevent those with serious problems like substance abuse or mental disorders from causing harm. They are also under constant scrutiny and required to undergo continuing education to ensure that they are not engaging in techniques that could imperil a patient's life. 

Lucie anything to do with your lungs should be taken seriously .A lung infection makes its way down your lungs starting with upper congestion ,it is not something that “goes away ” unless you have a high body resistance and it lasts for a long time (years). It can cause permanent scarring to the lungs and giving you a low dose of anti-biotics without an x- ray and hospital investigation can not only only be temporary relief it can make the infection stronger because it can easily overcome the anti-biotics if the infection is deep enough . If the pills the doctor gave you didnt work inn the long run and you still have it and it is getting worse then your health is in serious danger at the very least of permanent lowering of lung efficiency , which if you had an accident and needed serious surgery would hamper your ability to be given anesthetics via the mouth . While this is the serious end of it , this is something nobody should make light of , if your doctor is not ,in your eyes performing his duties of keeping you in good health you can complain to the county council and also the medical authorities . Your health is in YOUR hands please dont leave this Lucie. I have worked in hospitals (infectious diseases ) and that includes serious lung infections and the results thereof .
Im going through this right now, a dr. Did a 45 min eval on me at the request of dfs just to make sure i was "ok" an this woman said i was borderline psychotic and narcissistic. . she made up lies on the report to support her claim.. And i cant get a 2nd opinion because dfs only excepts reports from workers in their department... I dont know what to do. These people are the devil.
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When you go to a hospital, you expect that the medical care you receive will make you better. But with multiple health care professionals in hospitals involved in your treatment, the risk of medical error increases. Sometimes, inadequate patient safety procedures cause hospitals to commit serious medical errors and patients are seriously or fatally injured. Our hospital malpractice attorneys are here for you.
* Fee-for-service model. Taking a malpractice case to court could cost over R200 000 due to the high fees advocates and attorneys charge. A decision on costs will be made by the court and will depend on the merits of the case. However, even if the case is successful, the awarded compensation might be less than the legal costs, and if the case is unsuccessful, you might have to pay your legal fees, as well as the those of your doctor.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. All material on this site is not intended, and must not be taken, as legal advice. Contact a licensed attorney in your jurisdiction for advice on specific legal issues or problems. Receipt of information from and use of this website to contact Gilman & Bedigian or one of its lawyers does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.
DJ I understand where you are coming from, and I also understand those that dont agree with you. I have 3 bulging disc/ degenerative disc disease. Until the age of 30 I never touched an opiate or abused anything for that matter. My injury stemmed for a high school sports injury, but I dealt with the pain by eating right, exercising and took a Tylenol when needed. At the age of 30 the pain started getting much worse I because my job and the businesses I owned demanded me to work long hours and were physically demanding. So when I just couldnt take it any longer I went to the doctor who prescribed me percocets for about 3 or 4 months and then referred me to pain mgmt. I really liked the doctor, he was kind, compassionate, empathetic, smart and unrelated he was interested in me as a person, he actually visited a few of my businesses, we didn’t hang out or anything but I thought of him as a friend in a way but understood we weren’t. So now that you understand this I want to make it very clear I never tried to take advantage of that, not once did I ever ask for a certain medication. I just felt blessed that I had a doctor that actually cared for my well being and that I was not just a jane doe diagnosed and treated by the statistics. He started me off with oxy and injections. The injections were not working so long story short we tried a wide variety of meds, most either didn’t work for me or I had an adverse reaction to. Finally after a few years I was put on opana and oxy and it worked. The problem was his practice got busy and so did he. The result was he was still nice but he did all the talking and it was mostly like”its been a couple months on this dose your tolerance has increased so let’s up your dosage”, until I was at 30mg opana 2x day and 30mg oxy 3x day. Things were fine for awhile but the drugs start to change my temperament. My work started to suffer, my relationships also were becoming strained, because my whole life revolved around my medications, yes I was pain free but at what cost? So here lies the the million dollar question. Who’s fault is it? Mine for wanting to be pain free and trusting that my doctor giving more and more was in my best interest, yes in a way it is my fault for being nieve to the fact I was going to beable to pop these powerful drugs for the rest of my life. So the government decides to crack down and me on this insane amount of opiates and doc takes meds away, what a sick cruel joke on me. So now knowing what I know, my doctor put me on opana because of kickbacks and kept increasing dosage because of $ and I know this because a majority of his patients are in the same boat, they topped out and all is fine till the government cracked down and doc got scared, reduced or dropped patient and we all are so surprised why the US is now flooded with heroin addicts. So my opinion is the doctors that were prescribing ridiculously large amounts to fatten there pockets, even if they weren’t doing for the kickbacks, and used tolerance or whatever, we trusted that they would have been smart enough to see what was happening in this country and when the government once again passed legislation without thinking about the result of there actions, these doctors would have a game plan, but no they all held up there hands and want to blame it on anybody but themselves. Shame on you doctor’s that liked playing the game while you were winning but quit and ran home crying when the rules of the game changed, that is why I hold you doctors responsible, and I do feel bad for the good ones that get fucked in the process, but didn’t us patients with real pain get fucked by doctor shoppers? Stand up for yourselves, get oganized and counter sued the government for passing legislation(unrealistic restrictions without making sure these poor people have a realistic way to get off theses doses safely, at no cost. Isn’t funny how these pill pushing doctor’s do a 180 because the big money can’t be made by having their patients hooked on powerful opiates so they jump ship accusing them off being addicts dropping them and putting them on suboxane which is not a pain medication and wonder why they have no choice but to become heroin addicts. I blame the doctors for turning us into pill addicts but I blame the government for turning us into heroin addicts. In the end tne patient loses because whoever is at fault the patient will suffer
@ Anon, since when do we not ask lawyers about their success rates?! I don't have much experience with the legal system, but to the best of my knowledge, most people research a lawyer before hiring them. I've never hired a lawyer, but if I needed legal representation, I'd certainly find out what kind of experience and success a lawyer had before asking them to represent me! (It may be somewhat less if it's a lawyer that takes the case on contingency, but then you at least have the guarantee that they're really motivated to win.)
pauline- the official line and the one I was forced to travel as part of NHS diversification is that you MUST visit an optician ,not necessarily the one you have been attending . Get an eye test and if they find anything wrong with your eyes that they as opticians cant sort they will recommend you to an NHS eye clinic . They will send you an appointment card to attend hospital and do tests on your eyes , this might take several visits but then they will advise the next NHS treatment . I should know I went through all that and still attend . So dont start with a GP appointment you will only be told to visit an optician ,once the optician sends in his report they MUST act -full stop !
I haven’t touched on that question. It would make it painful for me. I would be moved to tears if that whole case revolved around just my testimony. I was on the stand so briefly. But cumulatively between what I said and the other testimony — it was never a level playing field for the plaintiff. People don’t recognize it. How the judges don’t recognize it and the system doesn’t recognize it is beyond me. It’s something I’m coming to grips with.

Navy Medical Malpractice Birth Injury $12,500,000 settlement $9,183,752 received by clients with lifetime benefits $3,125,000 attorneys' fees $191,248 litigation expenses Brown v. United States Naval Branch Health Clinic, Millington, TN Navy doctors failed to properly prescribe prenatal vitamins containing folic acid which resulted in our client suffering a devastating spinal


^ 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."
A study by RAND Corp. researchers published in October 2014 in the New England Journal of Medicine concluded that laws restricting medical-malpractice suits do not reduce the amount of "defensive medicine" or reduce health-care costs. The researchers, led by Daniel A. Waxman, examined 3.8 million Medicare patient records from hospital emergency departments from 1997 to 2011, comparing care in three states that enacted strict malpractice reform laws about a decade earlier (Georgia, Texas and South Carolina) to care in neighboring states that did not enact such laws. The study found that the laws had no effect on whether doctors ordered resource-intensive care (e.g., CT or MRI scans and hospitalization).[55][56][57]
In the vast majority of cases, the Doctor who takes on your care will do so in a highly professional manner, but there may be occasions when their standards fall short of acceptable. If it can be shown your Doctor failed in their duty of care, in a manner tantamount to negligence, and that you suffered some form of loss, damage, or pain as a result, you may have cause to pursue a claim for medical negligence.
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.

The stakes grew higher as damage awards grew exponentially and kept in pace with inflation. Birth injury malpractice cases between widespread as the link between blatant physician error and cerebral palsy became clear. Five of the ten highest paid claims of all time were cerebral palsy suits, for which the plaintiffs won multimillion dollar awards. Plaintiffs became entitled to both economic and noneconomic losses. Economic losses are the quantifiable monetary losses associated with the injury incurred by the defendant's negligence. Noneconomic damages are the unquantifiable emotional losses for pain, suffering and loss of enjoyment of life among other emotional hardships. As juries began to award substantial damages to injured plaintiffs, liability insurance for physicians increased. Physicians and other medical professionals passed these costs along to patients, resulting in higher costs for healthcare. Accessibility to health care was then directly affected by medical malpractice litigation. Throughout the latter half of the 20th century, many states introduced medical malpractice reform acts. Battling the question of whether to favor plaintiff or defendant, states began to impose what is known “damage caps,” which very widely between each state. Damage caps limit the amount of money a plaintiff can collect should they win their malpractice case. Some states impose no limit at all because such limitations are constitutionally prohibited. Other states have taken a long, hard look at the question of damage caps, assessing what numerical figure does not deprive the plaintiff of rightful compensation and is not unjustly punitive to the defendant. The lowest caps sit in the neighborhood $250,000, while the highest caps are in the neighborhood of $2.5 million. A handful of states adopted the use of a medical malpractice fund, to which all physicians in that state must contribute. The fund will pay damages in medical malpractice claims after the physician's insurance covers the first $1 million. This way, physicians need only insurance that covers up to $1 million dollars and no more. This is meant to bring down insurance premiums for medical professionals. To a minor extent, damage caps influence the state a medical professional will choose to practice in, although it is not a huge bearing in their decision. Some states allow for punitive damages, which must be paid by the defendant as punishment but which are not awarded to the plaintiff.

Medical malpractice lawyers generally offer free initial consultations. Most rely on contingency fees, meaning that the patient never pays the lawyer. If the lawyer wins the case, the law firm takes a portion (usually about 1/3) of the award. If the lawyer loses the case, the lawyer usually is not paid, though the client may be on the hook for a few small costs.
Cause: The link between a person’s act or failure to act and the resulting injury to the plaintiff. Imagine that a nurse practitioner did not record on the chart a patient’s current medications. If this led to a doctor prescribing a drug that was contraindicated with drugs the patient was already taking, the nurse practitioner’s inaction caused any resulting harm to the patient.

For more than 30 years, Hodes Milman has provided families and individuals experienced, trusted and compassionate legal representation when they've been injured by another's carelessness or negligence. As a team of personal injury and product liability attorneys, Hodes Milman provides focused expertise to build a strategic case against negligent, injurious and willful offenders.
Some medical malpractice claims arise from mistakes made in the operating room. A surgeon might be negligent during the operation itself (puncturing internal organs, operating on the wrong body part, or leaving surgical instruments in the body) or the nursing staff might be negligent in administering post-op care (which could result in complications like serious infection).

Sue -thats a painful condition ,hope you dont need it taken out as it isnt a small operation ,at least not in my day when a female relative had to get her,s removed ,big scar. It did mean she had to watch what she eat after that . Your post interests me because of the 2 week wait and I am doing a survey to see if camerons unofficial –treat young people first– is the reason . I dont want to know your age but does this aspect apply to you. ? I dont frequent GP,s surgeries usually keeping a “stiff upper lip ” but I thought at least I would get sent to a hospital for stones in the kidney,s ,it took a week to pass them ,you can imagine the pain ,all he gave me were pills and “keep drinking “I thought that was the “end ” .
The reason for negligence’s late recognition is because common law traditionally recognized only intentional torts; that is, it held parties responsible for injuries that were the result of intentional acts. It was irrelevant that the actor did not intend to injure anyone, much less the injured party, but it only needed to be shown that the actor intended the action that caused the injury. In these cases, evidence of who caused what injury was affirmative, direct, and fairly objective.
on a regular basis. Prescribe toxic drugs to children, teens, adults and the elderly, drugs known to create psychosis, anxiety, akathisia, abnormal thoughts, suicidal and homicidal thoughts. Drugs causing diabetes, tardive akathisia, metabolic syndrome, heart attacks... And they prescribe them in cocktail poly drugging format. Some of the real lunatics in this fake area also brain damage their victims with ECT.
Cancer survivor and seven-time Tour de France winner Lance Armstrong switched oncologists because he wasn't comfortable with the language the first doctor used to describe his treatment ("I'm going to hit you with chemo... kill you and then bring you back to life."), Gary M. Reisfield, MD, and George R. WilsonIII, MD,of the University of Florida Health Science Center wrote in the Journal of Clinical Oncology in 2004. Armstrong found another oncologist whose approach better suited him.
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."[49]
Cancer survivor and seven-time Tour de France winner Lance Armstrong switched oncologists because he wasn't comfortable with the language the first doctor used to describe his treatment ("I'm going to hit you with chemo... kill you and then bring you back to life."), Gary M. Reisfield, MD, and George R. WilsonIII, MD,of the University of Florida Health Science Center wrote in the Journal of Clinical Oncology in 2004. Armstrong found another oncologist whose approach better suited him.
Medical malpractice cases arise when a patient is harmed by a doctor or nurse (or other medical professional) who fails to provide proper health care treatment. Fortunately, doctors, nurses, and hospitals make mistakes in a small number of cases. But within that small minority of cases, certain types of errors crop up more often than others. Read on to learn about the doctor and hospital mistakes that make up the bulk of medical malpractice lawsuits.
Courts have also held that medical malpractice cases by active duty service members for their own injuries while not on leave are barred by Feres. The Fifth Circuit Court of Appeals has held that a service-member that was injured in a Naval Hospital was barred by Feres for his own injuries because he was admitted to the hospital due to his status. Generally, courts will find that the Feres Doctrine will bar your suit if you are an active-duty service member suing for your own injuries arising out of medical malpractice.
The act of filing a complaint against a physician triggers a state medical board investigation of the physician for possible disciplinary action.  Realistically, there is only an extremely small chance that your complaint will result in disciplinary action against the physician.  Because state medical boards are composed of doctors, they likely feel a personal and professional kinship with the people they regulate and may be hesitant to discipline another member of their own profession.
In order to succeed with a medical malpractice claim you must prove that your doctor or other health care provider’s treatment of you was “negligent”, which in medical malpractice cases is defined as treatment that falls below the “standard of care” of practice for a reasonable practitioner in a particular area of medicine. Just proving you had a bad result from a medical treatment or procedure is not sufficient; some bad results can occur even when your doctor was not negligent. Sometimes there are “known risks” that are unavoidable with certain surgeries, treatments or medication. Further, even proving a departure from the standard of care is not enough! You must then prove that the mistake or error “proximately caused” the injury or damage to you. For example, your doctor may have departed from a reasonable standard of care in not diagnosing properly your fractured wrist. Maybe he completely overlooked the fracture. But what if he had properly diagnosed it? Would your wrist be any better now? If a proper diagnosis would not have lead to a better result, then there is no “causation” between your doctor’s negligence and your injury. In other words, “no harm, no foul”. A good medical malpractice lawyer knows how to analyze carefully the “elements” (what you have to prove) of a medical malpractice case. He or she also knows how to present these elements to a jury. The Syracuse medical malpractice lawyers of Michaels & Smolak has the skill, experience and expertise to maximize your chances of prevailing. So contact us for a free consultation.

A doctor cannot terminate care of a patient when the patient is at a critical stage of treatment, solely because the patient is unable to pay for the care. However, if the patient is in a stable condition and is given ample warning of the termination, a doctor may be able to stop treatment. For example, in a 1989 case in Iowa called Surgical Consultants, P.C. v. Ball, a patient had gastric bypass surgery and suffered abscesses afterwards. She sought treatment from the operating physician, who saw her 11 times post-surgery but then refused to continue seeing her because she had not paid her bill. This was not considered abandonment because the patient was not considered to be at a critical stage of treatment.
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.
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