Bring a recorder in next time. Honestly, it's something I will do if I ever speak with a Doctor again .I've known one that completely lied on my notes and I was shocked. If I didn't agree with him he replied don't forget "I have your notes" this Doctor abused his power and I was emotionally broken. Doctors and therapist that abuse need OUT of the health fields and please remember they are not always right..My heart goes out to anyone who has ever been taken advantage of or harmed by any Doctor or therapist. They have rules that by law they must follow.
Medical malpractice suits are complex, and you will need the help of a specialized personal injury attorney. If you have reason to believe that you have been a victim of malpractice, and would like to investigate the possibility of bringing your ex-doctor to justice, get in touch with Herrman & Herrman’s experienced personal injury attorneys to discuss your case. We have brought unprofessional medical personnel to account for their carelessness in surgery, prescription of medication, incorrect or failed diagnosis, birth injuries and more.
Remember that a complaint does not initiate a law suit. If you wish to take legal action against your doctor, you should consult with a medical malpractice attorney who can evaluate your situation and provide legal advice. If you feel that your doctor’s actions rose to the level of criminal behavior, contact the district attorney in the jurisdiction where your physician practices.
A medical malpractice action must be commenced within one year after the cause of action accrues. However, if, at the time the injury occurs, the claimant is a minor or of unsound mind, the one-year statutes are tolled until the disability is removed (the minor reaches 18) Ohio Rev. Code Ann. § 2305.16. However, with the passage of time it can be more difficult to pursue the case as memories can fade or witnesses may have moved away. We recommend contacting our office right away for a free consultation to make sure you understand all of your rights and to have all of your questions answered.
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.
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.
Medical malpractice claims don't only cover errors in diagnosis and treatment. Once you've established a doctor-patient relationship, the doctor owes you a duty of care and treatment with the degree of skill, care, and diligence as possessed by, or expected of, a reasonably competent physician under the same or similar circumstances. Part of that duty of care is to be forthcoming with your diagnosis, treatment options and prognosis, as reasonably competent physicians would not lie to their patients.