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Medical Malpractice Documentary | Medical Malpractice Crisis

I am 7 1/2 months pregnant and was put on methadone about 2 1/2 months ago at the hospital. Then my old doctor started prescribing me my methadone. I had to go back to the hospital last week and they gave me meds while there. Now my doctor is dropping me as a patient because I got meds from the hospspital.  At this point, I have no one to prescribe my meds because I get afford the hospital clinic anymore. If I don't have them I was told that there is 50% chance my baby will die. And now my OBGYN says that if I don't get my meth they will drop me as a patient and I will have no one to care for me.

The concept of medical responsibility can be traced back to the Code of Hammurabi, which is an extensive legal document from ancient Mesopotamia. The Code of Hammurabi states that, “If the doctor has treated a gentlemen with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with a bronze lancet, and has caused the loss of the gentleman’s eye, one shall cut off his hands” (Smith 1931 as cited within Bal 2009). Of course, penalties for malpractice in most modern, developed nations are much more civilized. However, the Code of Hammurabi introduced the concept of holding medical professionals accountable for deaths or injuries that could have reasonably been prevented.
If you signed an indemnity or disclaimer during admission to hospital or for a particular procedure, you may have waived your right to hold the medical practitioner, hospital or hospital staff liable. However, the law in this regard is very complex and you may still be able to claim in certain circumstances even if you did sign an indemnity or disclaimer.
The Supreme Court of the United Kingdom decided in 2018 that the duty of care extended to information given to patients by clerical staff. A patient at Croydon Health Services NHS Trust's emergency department suffered severe brain damage having been given misleading information by staff at reception. He was told that he would be seen by a doctor in four or five hours and left the hospital, when actually he would be seen inside 30 minutes by a triage nurse.[8]

Regardless of the type of medical test performed, if the results are not communicated in a timely and appropriate manner and the patient subsequently suffers harm, it may form the basis of a medical malpractice lawsuit. Harm, however, must be suffered, as a patient who suffers no injury after a failed communication will probably have no basis for a lawsuit.

You must make your claim against the correct person or entity. In some cases, you would sue the doctor directly, but in other cases you might sue the hospital or health care system. In Washington, D.C. you have three years from the date of injury to file a medical malpractice lawsuit. You must make sure that you take action immediately when you have been injured at the hands of a trusted physician or another medical care provider.

My son was diagnosed in his teens with ADHD Paranoid schizophrenia which he was prescribed rispiridone which stabilized his condition slightly but as an adult he couldn't tollorate the side affects any longer and his team (lol) changed it over 2 years ago, since then it's been a living hell. He has been in a psychotic state since and no one is helping him, he totally believes what he thinks is happening to him is real and he has no mental illness, teams (lol) have seen him periodically and he convinced them it is all real and walked away! Fuelling his beliefs although it has been proved by the police numerous times the GP blood tests and a&e visits that nothing is being put in his water supply food etc but yet he still TRUELY believes he's being targeted and drugged. I've tried and tried to tell his GP, rang the local mental health units and told them, rang his adolescent psychiatrist who was brilliant when he was a teen but did nothing as an adult as they are moving and he wouldn't work with them after the visit to his home to section him in which they left believing him, but to my son it is real he's delusional, psychotic, violent, demanding, they are ment to be professionals! I no longer live near my son due to health issues, spinal injuries, ms/me hemoplegic migraine amongst others, so my youngest son who lives 2 mins away from my eld
You must show that you had a physician-patient relationship with the doctor you are suing. Basically what this means is that you hired the doctor and the doctor agreed to be hired. So if you were harmed while following the advice of a doctor you overheard talking at a bar, you do not have a malpractice claim. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed. Questions of whether or not the relationship exists most frequently arise where a consulting physician did not treat you directly.
An adult who is injured at a New York City municipal hospital has ninety days from the date of the injury to file a medical malpractice claim. Claims for injured children, however, may be filed until three years past the victim’s 18th birthday, but legal action must still take place within ten years from the date of the malpractice incident and injury.
An average person does not know how to correctly file a report against a doctor who has committed medical malpractice.  Further complicating matters is the fact that each state has its own procedure for filing complaints against physicians.  Generally, you should file the complaint with your state’s medical board.  Each state has its own medical board and its own forms and requirements for filing complaints against doctors.

If you qualify for compensation in the form of damages paid, you will most likely receive ‘Compensatory Damages’. These are based on your financial losses as a result of the malpractice including medical bills for extra treatment and earnings lost during your recovery period. Non-economic damages are intended as compensation for psychological, physical harm and distress.

The 1960's and 1970's also saw the emergence of the doctrine of informed consent. Modern medicine requires that medical professionals disclose all of the associated risks that accompany a given procedure. This way, if a treatment or procedure entails serious or deterrent risk, the patient may make an informed personal decision to refuse it, such is their right. During these two decades, it became a fundamental tenant of biomedical ethics that a patient is informed of all the risks in a procedure. Failure to warn patients of possible adverse outcomes could become an additional source of liability for physicians and medical professionals. Legislatures eventually got down to the task of explicitly defining what information must be disclosed, and what constitute a "lack" of informed consent. The definition tiptoed around the issues of emergency care, patient-provider relationships, “common” knowledge, consent on behalf of a minor, and whether a given risk would deter a “reasonable” person from accepting treatment. Lawmakers set about drafting ironclad informed consent law that covered the ifs, ands and buts of most conceivable situations that required informed medical consent. In the same era, courts discarded the doctrine of charitable immunity which had previously immunized charitable institutions from suit.
The most common complaint, when these conflicts arise, is that people feel like they’re not being heard or understood, says George Blackall, PsyD, author of Breaking the Cycle: How to Turn Conflict Into Collaboration When You and Your Patients Disagree and professor of pediatrics and humanities at Penn State University College of Medicine in Hershey, Pa.
What she did NOT DO – WEAN THE DOSE OF FENTANYL PATCHES DOWN FIRST…. This was a COLD SWITCH – and being a “legitimate patient” I never assumed a doctor would ever – ever do this without some significant discussion, the audacity of a doctor to do this – knowing the impact, and knowing I have a job and a family (twins and 3 older children) and that ALL of the discussion with this doctor was centered around NOT causing a negative impact to work / family life – is just impressive to say the least…
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.
"Mental illness" is a term applied ubiquitously, without discretion. "History of mental illness," applies even if an individual is relatively not amongst the most vulnerable - may even maintain positions of power himself or herself, society criminalizes all things psychological. That individual would be forever marked, especially thanks to the Internet, even if they took a bank of other psychiatrists to a courtroom to testify on their behalf.
In addition, if they lose the civil and/or criminal case it makes it easier for the patient to get the medical board to take action against the physician, rarely causing them to lose their license but maybe forcing them to take classes, pay a fine, they have to travel to the state capitol, the embarrassment of being dressed down by their peers, etc.

In most cases, doctors are not considered the direct employee of the hospital, but rather independent contractors. However, in some situations, doctors are employees. Doctors are more likely to be found to be employees of the hospital if the hospital controls the doctor’s working hours, vacation time and the fee schedule for the doctor’s services. In a few exceptions, a hospital may be found to be liable for a non-employee doctor’s services.


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I have the same expectations of psych MDs, by the way. the issues may be harder to define, but certainly how much experience in treating a particular area, licensure, malpractice, etc. are legitimate questions. I don't have to know the doc's personal experiences of medical/MH/life issues to determine skills, but a doc should be able to give a carefully reasoned explanation of own skills/limitations. With psychiatry, I always thought it was incumbent upon the doc to have self knowledge sufficient to identify and appropriately refer clients who he/she cannot treat - ie, if you are in the midst of your own messy divorce, don't take on new clients with marital issues, etc. Yes, life is not always this neat and tidy, but isn't that why psych MDs have their own clinical supervision??
“A significant problem with the court process, as it stands, is the determination of life expectancy (especially with babies), which is fraught with difficulties. Parents may receive too much or too little compensation; causing strain for the system or unnecessary financial duress for parents. Medical expense awards are also estimated at private-patient rates (as much as 50 percent higher than medical scheme rates) – unnecessarily so, as most patients have medical scheme membership, with an already agreed, reasonable tariff,” Kellerman says.

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.

The low point for the Australian medical insurance industry was in 1999 and 2000, with exponential increases in medical insurance premiums and the collapse of the HIH Insurance Group in March 2001. Since then, Australia has introduced a series of reforms, including the capping of compensation awards and dispute-resolution procedures that stipulate mediation or arbitration as the first step.
If you are considering a medical negligence claim and you are thinking of contacting Been Let Down to discuss your claim, we would first arrange a consultation over the telephone; this initial call is free, and there is no obligation to proceed. During this phase of the claims process, we will take the time to listen to the details of your claim in detail.

Proximate cause consists of finding of causation in fact, i. e., substantial cause, and absence of public policy rule of law which prohibits imposition of liability. In determining whether negligence was substantial factor in causing harm, substantial factor test applies to event which results in injury, not injury itself, and injury need only flow directly from event.


I have the same expectations of psych MDs, by the way. the issues may be harder to define, but certainly how much experience in treating a particular area, licensure, malpractice, etc. are legitimate questions. I don't have to know the doc's personal experiences of medical/MH/life issues to determine skills, but a doc should be able to give a carefully reasoned explanation of own skills/limitations. With psychiatry, I always thought it was incumbent upon the doc to have self knowledge sufficient to identify and appropriately refer clients who he/she cannot treat - ie, if you are in the midst of your own messy divorce, don't take on new clients with marital issues, etc. Yes, life is not always this neat and tidy, but isn't that why psych MDs have their own clinical supervision??
Go see another doctor. And, I'll go out on a limb here with this word to the wise: physicians are uncomfortable with patients they don't know who demand specific medications. "The patient reports the symptoms and the doctor selects the treatment" is the model that doctors are comfortable with. Of course, where there is a chronic condition, the patient becomes familiar and knowledgeable with the treatment options and knows what will work. But you have heard of "secret shoppers" in a retail context? Physicians worry about "sting patients" and they can get very unyielding when the patient is too directive about meds. Just take it for what its worth; no need to defend.
The injury resulted in significant damages - Medical malpractice lawsuits are extremely expensive to litigate, frequently requiring testimony of numerous medical experts and countless hours of deposition testimony. For a case to be viable, the patient must show that significant damages resulted from an injury received due to the medical negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To pursue a medical malpractice claim, the patient must show that the injury resulted in disability, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.
To have a valid hospital negligence claim, it must be shown that the level of care provided to the victim fell below a reasonable standard. Additionally, a successful medical malpractice claim must prove causation. This means that the link between the substandard care and the victim’s injury or death must be clearly demonstrated. Due to the multifaceted and complex nature of medical malpractice claims, it is important to hire a lawyer with extensive experience and resources related to this area of law. A positive outcome often relies on the ability and knowledge of your legal team. At Hodes Milman, our lawyers have helped countless victims, and we can help you understand and assert your rights.
While both doctors in the above example should be able to diagnose the flu or pneumonia with relative ease, it would be more difficult to argue that the rural doctor was negligent for missing a diagnosis of some type of exotic disease usually only seen in people from foreign countries. On the other hand, the big city infectious disease expert would likely be negligent in not making the same diagnosis.
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.
A 2011 study appearing in the Journal of the American College of Radiology revealed that the legal costs to doctors for failing to communicate diagnostic test results rose by $70 million from 1991 to 2010 across all specialties. The lead study author stated that communication failure can happen at any level. Three scenarios, however, were identified as the leading causes of communication problems:
Not every medical error is preventable.  And despite taking every available precaution, you may still be exposed to medical error.  In the event you are harmed by a medical error, you may be concerned for your health, frightened by the possible consequences, angry at the mistake, or any combination of these and other powerful emotions.  In this state, you may not know what to do next or how to report the incident.  In the following article, InjuryBoard provides you with an easy to understand guide explaining what to do when you’re injured by a doctor’s mistake and how you can help prevent others from suffering in the same way.
Dr Obey Nhiwatiwa, who was the doctor on call at the Walvis Bay state hospital on the day Nghinamwaami was admitted, states in papers filed with the court that he intends to testify that after certifying the death of the baby he was informed by the nurses that “the mother was fine and I proceeded to attend to other patients and duties as the doctor on call at the time”.

98% of the population are not the “type of people to sue”. However, when you or your loved one has been injured through the negligence of another person, you have basic responsibilities to ensure that medical bills are paid, lost wages are recovered, future medical expenses are paid – and if there is a physical disability, you must ensure that you or your loved one is compensated for the dramatic change in your life.

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