In addition to notifying a health care provider that you intend to file a lawsuit, prior to filing suit in most jurisdictions, the injured patient must usually submit an affidavit or certificate from a qualified expert. This affidavit or certificate is usually completed by another doctor who can testify that there are reasonable grounds to determine that medical negligence or medical malpractice took place in a given case. Again, the exact requirements of the certificate vary from state to state and across jurisdictions.
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.
Cavendish ruled that a physician could be held liable if and when they harmed a patient as a result of negligence while stipulating that a physician who diligently adhered to the standard of care would not be liable even if he accomplished no cure. A legal precursor to expert testimony came in 1532, when a law passed under the reign of Holy Roman Emperor Charles V, requiring the opinion of medical men to be taken in cases of violent death. In 1768, Sir William Blackstone penned Commentaries on the Laws of England, in which he recruited the Latin term “mala praxis” to describe the concept of professional negligence, or ‘tort' in modern parlance. Blackstone noted that mala praxis “breaks the trust which the party had placed in his physician, and tends to the patient's destruction.” The proper term of ‘malpractice' was coined sometime thereafter, deriving from Blackstone's work.
The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
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).
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.
You all have failed to see one major issue – I for instance am a professional who has been successful for years;however do to sports was prescribed pain meds, that accidentally led to addiction… No I would not be interested in suing the initial doctors for the initial treatments; however, it is the so called rehab outpatient programs some which are very prestigious as the one I used. That first consultation led to this drug, that drug, to full blown high doses to the point if I stop I cannot work would essentially be hospitalized for a minimum a month, so you think those Doctors or places shouldn’t be sued? It has also led to extreme depression among other issues and I have never once abused my medication in treatment like the losers you speak of who take Methadone or other substances and try to mix to still get those old effects. If you all didn’t have your head in the sand you may understand. Unbelievable comments.
To be able to file a medical negligence claim, you must ensure the statute of limitations (or time period in which you can file a claim) has not expired. The statute of limitations for medical negligence claims will vary from state to state, so it is important to consult with your attorney about how long you have to file your lawsuit. In most states, this window of time is about two years.
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.
The D.C. Circuit Court of Appeals disagreed, stating that “true consent to what happens to one’s self is the informed exercise of a choice, and that entails an opportunity to evaluate knowledgeably the options available and the risks attendant upon each … it is the prerogative of the patient, not the physician, to determine for himself the direction in which his interests seem to lie.”