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Medical Malpractice Gallbladder Surgery | Medical Malpractice Attorney Lombard

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.

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 a doctor fixes a serious medical problem that she finds while in the middle of another procedure, the patient probably does not have a claim for lack of informed consent. For example, if a patient consents to an operation in which the doctor will fix a heart valve, and in the midst of the operation the doctor finds another serious medical problem with the patient's heart, the doctor can go ahead and fix the second problem without getting separate informed consent from the patient.
Duty of care was established not with patient's rights in mind per se, rather it was founded in, as worded by historian Harvey Teff, "the mystique of medicine and the strength of its professionalization.” The common layperson can not and will not comprehend the intricacies of medicine, so no objective standard may be set by non-medical professionals.
Things have changed. I can remember when doctors were revered by their patients, in those days doctors did their best and patients hoped it would be enough. The word MAL-PRACTICE was almost unheard of. Now its on the mind of every single doctor in this country, every single day, along with the cost of skyrocketing insurance. The way the public views and treats doctors has changed and the way doctors view their patients is changing right along with it. Almost nobody picks up hitchhikers anymore, nobody is willing to risk martyring themselves just to play the good Samaritan in a world that will view them as stupid, and deserving of what they got if they pick up the wrong person.
Birth injury is a difficult area of malpractice law to pursue due to the complex nature of the medical records. The award-winning birth injury attorneys at Reiter & Walsh ABC Law Centers have decades of joint experience with birth injury, hypoxic-ischemic encephalopathy (HIE), and cerebral palsy cases. To find out if you have a case, contact our firm to speak with one of our lawyers. We have numerous multi-million dollar verdicts and settlements that attest to our success, and no fees are ever paid to our firm until we win your case. We give personal attention to each child and family we help, and are available 24/7 to speak with you.
Roman law spread throughout continental Europe around 1200 AD, and many countries’ current laws regarding personal injury and medical malpractice derive from Roman origin. English common law was greatly influenced by the Romans, and in turn 19th century English common law had a substantial influence on the American legal system. During the reign of Charles V, a law took form that required medical professionals’ opinions to be taken into account in cases of violent deaths. This served as a precursor to the presence of expert testimony in medical malpractice cases in order to establish standard of care (for more information on standard of care, see “Medical Malpractice in the U.S.”)

This means that if a psychiatrist properly diagnoses and treats a condition, gives the correct medication and monitors it properly, the patient can still go after the doctor if she experiences a 1 in 10,000 complication simply by saying, "If I had known X about my doctor I would have chosen to be treated by someone else." Remember there is nothing in the appellate opinion to limit the range of potential background questions. We are focussing on his responses to direct questions by the patient, but the opinion wasn't really designed to delineate what duties (if any) are owed when patients ask personal questions. The appellate opinion just opens the door, and I'm raising the 'what if' questions.
Some state courts still use the Frye test that relies on scientific consensus to assess the admissibility of novel scientific evidence. Daubert expressly rejected the earlier federal rule's incorporation of the Frye test. (Daubert, 509 U.S. at 593-594) Expert testimony that would have passed the Frye test is now excluded under the more stringent requirements of Federal Rules of Evidence as construed by Daubert.
If a doctor tells me that there is nothing wrong with me and said that he talked to another doctor that is treating me. When I know that he did not talk to the other doctor that is treating me, because the other doctor that is treating is going to do surgery for the same reason that I went to see the first doctor.I was being treated for something and went to a hospitial and that doctor tells me that there is nothing wrong with me, when the other doctor had done told me that I need surgery. He also told me that he talked to the other doctor that is treating me and that doctor told him that there was nothing wrong. when i talk to the doctor that is treating me that tells me that I need surgery I told that doctor I also went to the hospitial and seen another doctor and the doctor that is treating me did not know anything about it.
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:

"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
Under NO circumstances is your doctor allowed to leak, alter, or otherwise use your medical information against you in retaliation for filing a malpractice lawsuit. There are severe criminal, civil, and judicial penalties for taking such illegal actions. For engaging in an act such as altering your medical records, your doctor could face anywhere from criminal fraud charges to the loss of his medical license.
There are special rules that apply when a patient has died, for children, and when a patient does not have full mental capacity, which your solicitor will be able to discuss with you. If you feel that you may have a clinical negligence / medical malpractice claim it is always advisable to see a solicitor as soon as possible so that they can advise on the limitation period and take steps to protect your rights to make a clinical negligence compensation claim.
"The opinion upholding the judgment recognizes that although not every fiduciary relationship will give rise to a claim for damages, where the specific professional responsibility of an attending physician is to convey accurate information, then failure to do so can give rise to liability if the physician's breach results in unusual and extreme emotional distress on the part of the plaintiff," Raynes said in an email, according to AMN.
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.
The terms negligence and malpractice are often used interchangeably. Strictly speaking, negligence is a failure to “exercise the care that a reasonably prudent person would exercise” in similar circumstances. Medical malpractice, according to Andre Calitz, the chief operating officer for personal injury law practice Joseph’s Incorporated in Johannesburg, is an evaluation of conduct measured against a standard of medical care established by the medical fraternity.

The negligence resulted in significant damages - Legal malpractice lawsuits are expensive to litigate. For a case to be viable, the plaintiff must show significant damages that resulted from the negligence. If the damages are small, the cost of pursuing the case might be greater than the eventual recovery. To be worth pursuing, the plaintiff must show that the outcome resulted in losses far in excess of the amount of legal fees and expenses necessary to bring the action.


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.
Duty of care was established not with patient's rights in mind per se, rather it was founded in, as worded by historian Harvey Teff, "the mystique of medicine and the strength of its professionalization.” The common layperson can not and will not comprehend the intricacies of medicine, so no objective standard may be set by non-medical professionals.
Medical malpractice claims are incredibly complex cases, and the laws governing them vary from state to state. Even the most obvious malpractice claims will still require meeting numerous administrative, or claim filing, prerequisites, such as providing the doctor or hospital with notice, or even getting another doctor’s opinion. Some states even have shorter statute of limitations for malpractice claims.

After meeting the notice requirements and other prerequisites, depending upon the jurisdiction an injured patient may be able to file a lawsuit against the doctor. In order to prove the doctor negligent and that he or she committed malpractice, the accident victim must first be able to show that the doctor breached the duty of care owed to the patient.


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.

In the past, a lawyer acting for a wronged patient might have advised his or her client first to report the matter to the Health Professions Council of South Africa (HPCSA), the professional body mandated to register health professionals and ensure practitioners are fit to practise, before proceeding with a civil case in the courts. Even though the HPCSA does not have the power to arbitrate on compensation, the rationale was that an HPCSA ruling and censure of the doctors concerned would improve the chances of a patient succeeding in a civil case.
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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