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Medical Malpractice Dallas | Medical Malpractice Germany

Once a patient begins a clinical negligence / medical malpractice claim for compensation it is no longer possible to pursue a complaint under the NHS complaints procedure.  Using the NHS complaints procedure does not stop you from later pursuing a clinical negligence / medical malpractice compensation claim and in some instances it is advisable to make a complaint under the NHS procedure before commencing a clinical negligence / medical malpractice claim.
dear carol i know its not much to offer in this situation but i can give you infromation that might help your son first of all have you consired he is having side effcets to the new medication make sure you geg name of it also i suggest you had to pandasnetwork. org it not what you think it talk about an autoimmune condtion that cause many syptoms like you say also if are heading to a solictor maybe talk your son into getting a chromosome test if possible because if they belive adhd is caused by improper chromosome numbers they should of least told you about it hang in there its such a shame what those pschyrtist do they like vlutrues they prey on weak till they dead,thats an offense to vlutures least the ARE HONEST hope info help

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.”

For example, if your knee didn’t heal properly after surgery, but the doctor performed the surgery according to standards of care, he may not have committed medical malpractice. But if you developed shooting pain in your knee after surgery and a follow-up revealed a severed ligament, and the doctor didn’t tell you about it, that may be malpractice.

This may not be the case if you are suing for another’s injuries. For example, we often take and are successful in taking injuries due to medical negligence at birth or delivery of a baby. Many times, the mother, father, or both are active duty. Our active duty moms and dads sue for injuries that arise out of the baby’s original injury. For example, in many cases, the medical negligence on the baby will cause loss of consortium, incur attendant costs of care, and other damages. These types of cases are not barred by the Feres doctrine. If you have a case like this, contact us so that we can analyze the specific facts of the case and give you a better idea whether you may bring suit on behalf of your child for obstetrical or other negligence arising out of the labor and deliver.


The doctor acted negligently. The doctor acted negligently if the doctor failed to ask you certain questions, forgot to send the blood test to the proper lab, gave a fake name for your illness and other practices which a similar doctor with the same experience would never have done. To prove this, you will have to show that a reasonable doctor would have recognized your medical problem from your symptoms and diagnosed you appropriately.
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.
Although the medical school adage of “treat the patient and not the test” has value, it’s also important for health-care providers to carefully assess the information provided by the tests that they order. I’ve witnessed many instances in which highly abnormal test results were either interpreted incorrectly or disregarded by physicians—sometimes with fatal consequences.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.
Alfa raises an interesting point about the abstraction of general practitioners into private work and certainly the number of people seeking private health care seems to be on the rise. To some extent this takes the pressure off the NHS and a lot of what private hospitals do would not be available under the NHS, or at least not as elective [or non-immediate or non-emergency] surgery. Nevertheless, they probably have a higher ratio of staff than NHS establishments and give more time to their patients so they ‘consume’ a disproportionate amount of the country’s finite professional medical resources. Concerns have been raised that many doctors and consultants have been trained by the the NHS but are then ‘selling’ their time to private patients or private hospitals.

There is only a limited time during which a medical malpractice lawsuit can be filed. In the United States, these time limits are set by statute. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods." The length of the time period and when that period begins vary per jurisdiction and type of malpractice. Therefore, each state has different time limits set.[18] For example, in Pennsylvania, there is a two-year statute of limitation,[20] but in other states the limitations period may be longer. Most states have special provisions for minors that may potentially extend the statute of limitations for a minor who has been injured as the result of medical malpractice.[21]
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.
In order to establish negligence and sue the NHS, your solicitor will need to obtain expert evidence from a medical expert in the relevant medical field. So, if your claim is against a GP then normally your solicitor will obtain expert evidence from another GP. An experienced solicitor will know suitable and highly respected medical practitioners in numerous areas of specialty who are able to serve as a medical expert. The medical expert will review your medical records and in most cases needs to give you a medical examination before preparing his or her report.
You may have a complaint about improper care (like claims of abuse to a nursing home resident) or unsafe conditions (like water damage or fire safety concerns). To file a complaint about improper care or unsafe conditions in a hospital, home health agency, hospice, or nursing home, contact your State Survey Agency. The State Survey Agency is usually part of your State’s department of health services.
It is usually the case that a visit to our doctor will be enough to receive the medical advice required to send us away on the road to recovery without any further intervention being required. However, on occasion, GPs act negligently which results in complications being suffered by the patient. This may lead to further treatment or surgery which would have been unnecessary but for the GP’s negligence.
Medical malpractice among doctors is a serious issue nationwide. If you have been injured as a result of a serious medical mistake, you should seek legal consultation to discuss filing a medical malpractice claim against your doctor. Proving medical malpractice is not always easy and often requires the expert testimony of another health care provider, who must testify that medical negligence occurred in your case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.
Generally speaking, from a legal standpoint, you may need to evaluate whether the risk of being left without legal redress in the event of a medical mistake is worth the potential cost savings of having your procedure performed overseas. With such limited remedies available to patients, and the often lower standards of care in nations offering substantially cheaper medical treatment rates, the risks of medical tourism may far exceed the benefits.
Texas passed a "tort reform" law taking effect on September 1, 2003.[44] The act limited non-economic damages (e.g., damages for pain and suffering) in most malpractice cases to $250,000 across all healthcare providers and $250,000 for healthcare facilities, with a limit of two facilities per claim.[44][45] As of 2013, Texas was one of 31 states to cap non-economic damages.[44]
Whether a doctor is a hospital employee depends on the nature of his or her relationship with the facility. Though some doctors are hospital employees, most doctors are not. Non-employee doctors are usually classified as "independent contractors" in the eyes of the law, which means that the hospital cannot be held responsible for the doctor's medical malpractice, even if the malpractice happened at the facility, and the doctor is officially affiliated with the facility.

This means that if an employee or other individual under the direction of the employer acted in a negligent manner, the employer is responsible for the injuries that resulted. Generally, nurses, medical technicians and paramedics are the direct employees of the hospital. If the hospital employee was performing a job-related function when the patient was injured, the patient can usually sue the hospital for the employee’s mistake.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).

Sounds like a problem I had 5 months ago . I wakened in the morning to extreme pain ,it just got worse till I was doubled up in pain gasping out loud it got so bad I fainted several times . It died down slightly for a few hours then came back strong ,not one to rush to a doctor I suffered it for several days but it just got so bad I couldn’t look after my chair-bound wife and she ended up phoning the doctor who told me to come to the surgery. I practically crawled down the road after tests it turned out I was passing blood due to stones in the kidney -advice given keep drinking till you pass it . Anybody who has had this will know apart from cancer its the worst pain you can feel -no hospital journey to break it up – it took a WEEK for it to pass and the same 5 months for me to recover as I was as weak as water and thought “my number was up ” .


Examples of medical malpractice involving doctors include making surgical mistakes, leaving medical instruments inside the body during a procedure, cutting tissue in error, interpreting test and lab results incorrectly, resulting in the wrong diagnosis, or treating a condition inappropriately. Examples of malpractice involving nurses include failing to communicate new symptoms to doctors, administering the wrong type or dose of medication and failing to use equipment correctly.
Prominent physicians Nathan Smith and R.E. Griffith of Yale and the University of Pennsylvania respectively held the belief that medical malpractice lawsuits were beneficial and necessary, serving as a tool of accountability in a profession that was poorly regulated. The American Medical Association (AMA) was founded in 1847 with the goal of promoting standardization of the profession, as well as elevating the standing of physicians in society. At the time, the vast majority of suits stemmed from orthopedic malpractice and deformations that resulted from botched amputations. As physicians sought to raise their own standards, higher patient expectations ensued. With the arrival of liability insurance for physicians, medical malpractice suits shot up in the States in the late 19th century.
In order to establish negligence and sue the NHS, your solicitor will need to obtain expert evidence from a medical expert in the relevant medical field. So, if your claim is against a GP then normally your solicitor will obtain expert evidence from another GP. An experienced solicitor will know suitable and highly respected medical practitioners in numerous areas of specialty who are able to serve as a medical expert. The medical expert will review your medical records and in most cases needs to give you a medical examination before preparing his or her report.
Despite that fact that the Constitution promises you the right to health care, no one has successfully sued the State for the non-delivery or lack of health care. Several test cases have concluded that, despite the Constitution and the Patients’ Rights Charter, the government has no absolute obligation to provide access to health care. Instead, the government is required to “progressively realise its obligations” to its citizens. In practical terms, this means, for example, that a patient who needs dialysis and cannot be treated because of a lack of facilities cannot sue the State.
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.
Loss of wages is capped at three times the Average Weekly Earnings published by the Australian Bureau of Statistics.  Most injured people are not caught by this provision as it requires a gross salary of more than $140,000.00.  Claims for lost superannuation entitlements are only allowed at the compulsory employer contribution rate (currently 9% of your salary).
Once a patient begins a clinical negligence / medical malpractice claim for compensation it is no longer possible to pursue a complaint under the NHS complaints procedure.  Using the NHS complaints procedure does not stop you from later pursuing a clinical negligence / medical malpractice compensation claim and in some instances it is advisable to make a complaint under the NHS procedure before commencing a clinical negligence / medical malpractice claim.
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 !
Breaking up with your doctor is not a choice most people take lightly, but there may come a time when it's the single best decision for you and your health. Some patients have had complaints that have been mounting over the years. Others decide to fire their doctor after one heated episode - perhaps because of a missed diagnosis like Della Casa, a disagreeable interaction, or a health concern that was dismissed.

There are a number of different ways that improper delay in the provision of medical care could result in harm to a patient -- the delay may have made your condition worse, it may have negated the possibility that certain treatment could be administered, it could have blunted the effectiveness of a certain treatment method, or it could have unnecessarily prolonged or intensified your pain and discomfort.
Keep in mind, the standard of care differs from region to region and takes your doctor’s level of education and experience into account. As a result, a rural internist with a small private practice is not held to the same standard of care as a board-certified infectious disease specialist practicing in a cutting edge urban hospital. The well of knowledge and experience from which each doctor is drawing is vastly different.
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.
An expert's opinion can be used in this situation as well, to show that the patient would have at least been made more comfortable and as stable as possible had the abandonment not occurred. On the other hand, if treatment would have had a significant chance of sustaining the patient's life, the family would probably have a more clear-cut case of medical malpractice case against the doctor.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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.
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.
If you don’t file a medical malpractice claim or lawsuit against your doctor within the prescribed time period, absent some exceptional circumstances you will be barred from seeking monetary compensation for the injuries and damages you sustained. A medical malpractice lawyer should know the statute of limitations deadline in your jurisdiction and can work to make sure that a claim or lawsuit is filed in your case in a timely manner.
I think general practice should operate 08:00 – 20:00 every day including weekends and bank holidays. It does not automatically mean doctors, nurses and ancillary staff working longer hours overall. Nor does it mean that the same levels of staffing will be necessary throughout the opening hours and some weekday sessions might be reduced to allow for the additional weekend ones. Equally it should not require the full receptionist, pharmacist and other support services throughout the weekends. I don’t see any attempt at backdoor privatisation through this policy – doctors are already self-employed in any case. If patients want to have private medical treatment at their entire expense I don’t understand any objections to that and, to the extent that it takes some of the pressure off the NHS, it is probably a good thing on balance.
This list is not exhaustive. Nor is every item on the list a malpractice lawsuit per se. Recall the four elements above. For a psychiatrist to be liable for malpractice, he or she must have failed to take reasonable care, and the patient must have suffered injury as a result. A doctor can take reasonable care and still make an incorrect judgment call, so not every incorrect decision is actionable as malpractice. However, some items on the list—for example, engaging in a sexual relationship with a patient—almost always lead to prevailing malpractice claims.
Battery occurs when a person intentionally touches or has other unwelcome physical contact with another person in a harmful or offensive manner. Battery may apply when patients are sexually or physically abused by their doctors. This can also occur when a doctor performs an incorrect surgery or medical treatment on the patient. Likewise, this can occur when a doctor does something to the patient without consent.
“We comply, where applicable, with the SRA Code of Conduct 2011 published by the Solicitors Regulation Authority, and any solicitor [or registered European lawyer] to whom we may refer you is an independent professional from whom you will receive impartial and confidential advice. You are free to choose another solicitor [or registered European lawyer]"
We have reached the point where for many people the NHS cannot attend to their teeth, and some NHS Trusts are now saying that they will not replace people’s hip and knee joints unless they are in unbearable agony, so private clinics will no doubt spring up to satisfy that need. That numerous medical professionals and nurses are tied up doing unnecessary cosmetic procedures is another cause for concern.
The hospital may be found liable for negligence if it did not ensure that hospital staff had the required education, ongoing training or licensure. Additionally, it may be liable for not properly checking the backgrounds of other individuals who are not direct employees, such as surgeons or attending physicians, who administer care to patients. If a patient’s condition worsened because he or she had to wait longer because there was not adequate staff, the hospital may be found to be negligent.
Medical malpractice litigation has evolved dramatically since the Code of Hammurabi was written. Certain fundamental principles  –  namely, the responsibility of medical professionals to prevent unnecessary injury and death – remain unchanged. However, the legal landscape is constantly shifting. Major controversy surrounds how to best improve medical malpractice law and hospital culture so that medical professionals can truly focus on providing the best care to their patients. This was the idea behind many tort reform measures, but it remains unclear whether these changes actually improved patient care, or just stopped patients from obtaining the compensation they needed and were entitled to. ADR may be a win-win solution for patients and medical professionals, increasing case efficiency and decreasing animosity between opposing parties.
Patients choose not to pursue valid medical-malpractice claims for numerous reasons: Some are concerned that other doctors will learn of their cases and refuse to treat them. Some fear—incorrectly—that it will lead to an increase in the cost of their medical care. And others forgo valid claims due to the perceived personal and financial costs associated with litigation.
In order to successfully prosecute a medical malpractice lawsuit, the party bringing the action (the plaintiff) must prove by a preponderance of the evidence that the negligent act of a healthcare provider caused injury to the plaintiff. The entire burden of proof resides on the plaintiff; the government need not even present a witness. In order to prove its case, the plaintiff must present the testimony of qualified experts who support his position. Identifying experts and working with them is a major part of preparing your case for trial. Our firm retains only experts of impeccable character and the highest professional credentials. We do this to ensure that when we get to trial, the United States will be unable to attack our case by attacking our experts.

If you are considering medical tourism, discuss the possible risks with your American general practitioner and, if possible, a local attorney. If you have already undertaken to receive treatment from a foreign doctor, and have suffered an injury, you should discuss the particular details of your case with a qualified, experienced attorney. You will need to find an attorney that has experience not just with medical malpractice, but also with international legal disputes. Before undertaking any legal action against a foreign doctor, you should ask your attorney whether your claim will be worth the trouble of fighting an international legal battle. You may find that you do not have the same entitlements that you would when bringing a claim against an American doctor, and this might make a victory a hollow exercise and a waste of time and money.


Of course, there is never any reason for any hospital to put patients at risk by offering negligent or inadequate diagnosis, treatment, or care. Hospitals are regulated and licensed under a number of state and federal laws, and hospitals must adhere to policies, standards, and procedures that enhance and protect the health and well-being of their patients. When a patient suffers injury or harm because a hospital’s employees have been negligent, the hospital may have legal liability.

Drove to hospital yesterday , took 1/2 hour to get parked , walked to reception , handed in form, walked to opthalmology , walked into crowded waiting room, looked for seat, saw one , walked towards seat , as I did so female appeared, Richard Bryston–Duncan Lucas , no Richard Bryston , step into room – Why did I get called so quickly — all the rest never kept their appointments and I was an hour early .
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)

Lets make it psychiatric: A psychiatrist recommends lamotrigine and warns of the risk of fatal skin rash. The patient asks the psychiatrist whether any of her patients has suicided. She lies and says no. The patient sloughs her skin, almost dies, discovers the lie and sues. She says if she had know the doctor has lost a patient to suicide she would have found another psychiatrist.


This Health Policy Report describes the malpractice system in the United States, examines its shortcomings, and analyzes the forces that have led to past and current malpractice crises. The authors review options for reform of the U.S. malpractice system. Conventional tort reforms include caps on damages, limits on attorneys' fees, and shortening of the statute of limitations. Experts have also proposed major system reforms, such as enterprise liability or administrative compensation.

There was a violation of the standard of professional conduct - The law acknowledges that there are certain legal standards that are recognized by the profession as being acceptable conduct. These standards of professional conduct are largely determined by the ethics rules of the state bar association. Attorneys have an obligation to their clients and the bar to operate within these standards. Clients have the right to expect attorneys will follow the law, behave in an ethical and honest manner, act in the best interests of their clients with integrity, diligence and good faith, and will execute their matters at a level of competency that protects their legal rights. Lawyers must also maintain and supply clients with full and detailed reports of all money and/or property handled for them. Finally, attorneys must not inflict damage on third parties through frivolous litigation or malicious prosecution. If it is determined that the standards of professional conduct have been violated, then negligence may be established.
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.
Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself. But for your doctor’s breach of the standard of care, would your injuries have occurred? If your answers are “yes” and “no” to those questions, your case may have a shot. If you can allege, with expert support, that your doctor breached the standard of care, and but for his breach your injuries would not have occurred, your case will likely not be immediately dismissed.
The short answer to your question is: MAYBE. I know that sounds a bit squishy but I’ll explain. The reason the answer is “maybe” lies in the definition of medical malpractice — A doctor’s failure to comply with the prevailing standard of care in rendering (or failing to render) medical care and treatment to a patient which results in compensable harm.
The number of hospital mistakes responsible for serious but non-fatal injuries is even higher. In the state of New York, can a medical malpractice law firm help you seek legal recourse if you are injured while you’re receiving care or treatment in a hospital? For those seeking justice in this state, the answer is yes. Hospital negligence leading to severe injury or death includes malpractice by doctors, nurses, physician’s assistants, nurse’s aides, and even technicians who work for the hospital.

Again – so what? Do you really want to be going to a doctor that injured you and caused you pain and suffering? There are much better options out there. You found this doctor. You’ll find another one. There are numerous resources available to help you find a new, more competent physician. A simple Google search of “find doctor New York” will yield a multitude of websites designed to do just that. If you have health insurance, contact your insurance company. They can usually provide you with a list of doctors in your area that are covered by your plan. Also, don’t under-estimate the value of your friends and family as a helpful resource regardless of whether or not you have insurance. Talk to them to find out what doctors with whom they entrust their health. In no time at all, you will be sure to find the right doctor for you.
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