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Medical Malpractice Kelowna | Medical Malpractice Canada

i was a client of mind springs mental health in colorado for many years and dr. richard berkley has decided to just drop me as a client without bothering to inform me or to properly detox me from schedule 2 medications i have been on for years- he also decided to cut memory enhancing and sleep apnea medications in half without informing me of the changes and i had used the medication as i had always done then i had to suffer detox symptoms for that medication- now i face detox from adderall, valium and provigil in just days as i will be out of these medications. i am certain that this could be considered attempted manslaughter as he is aware that just stopping these medications cold turkey that death is a very real possibility. i warn people of using doctor richard berkley as a precriber because his ethics are slim to none when it comes to informing patients he is going to make med changes or drop them without properly bringing them off these kinds of medications...karin wrape, former client of mind springs mental health-oh and they also scheduled me for an appointment at an office in a city i have never been to... talk about incompetence!
In the vast majority of cases, establishing the answer to this question requires testimony from an expert medical witness. The patient (usually through an attorney) consults a doctor who specializes in the relevant field, and the doctor offers an opinion as to the proper procedures to follow when deciding whether to terminate care in cases like the patient's -- and if the proper decision is to end care, the expert will also set out the appropriate way to go about ending the doctor-patient relationship under the circumstances.
If the prosecution and defense cannot agree on a settlement, the case will proceed to trial. Medical malpractice trials are almost always trials by jury. If a case does proceed to trial, and the losing party is unwilling to accept the jury’s verdict, they can appeal to a higher court. In some jurisdictions, they can also appeal the amount of a judgement in the same court.
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The concept of medical responsibility is historically entrenched, with first mentions dating to the fabled Code of Hammurabi, which famously established the "eye for an eye" maxim. The code arguably offers the founding statement of medical malpractice law, reading “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." Millennia later, "lancet" would become synonymous with the of concept medical responsibility in highbrow intellectual communities, and synonymous with medical malpractice itself. A famed British medical journal, The Lancet, borrows its name from the ancient code's provision. Britain would unwittingly spearhead efforts to legislate medical malpractice, establishing nomenclature and court decisions that would go on to become the ancestors of modern malpractice law.
Based on a summary it is extremely difficult to give a yes or no "is this malpractice" answer. The medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.
This was what is known as a Federal Tort Claims Act (FTCA) case.  The FTCA is a federal statute that allows private parties to sue the United States in Federal Court for torts committed by persons acting on behalf of the Government.  For example, if a doctor or nurse employed by a Veterans Administration hospital or a hospital on a military base commits malpractice, the patient would need to bring a medical malpractice claim under the FTCA.  Other examples of potential negligence claims against the Government include someone injured in an auto accident involving a Government owned vehicle, and someone injured due to a fall caused by negligent maintenance in a post office or other Government-owned facility.
A doctor might simply forget about a patient or the patient might become "lost in the system" due to a computer glitch. In some cases, doctors have argued that they should not be held liable for abandoning a patient because there was no intent to abandon. This argument has failed almost without exception because a doctor has a duty to continue treatment of a patient until the patient is properly released. The only difference between an intentional and an inadvertent abandonment case is that punitive damages might be available in a case where there is evidence of an intent to cause harm.
Doctor Mistake, Injury is Minor – This category encompasses situations in which a doctor misdiagnoses an injury (perhaps an ankle sprain) and then quickly corrects the misdiagnosis.  Like the no-injury scenario described above, the patient would not have a case for medical malpractice against the doctor.  Because the doctor quickly corrected the mistake, the patient suffered no damage.
A 2011 study in the New England Journal of Medicine reported that 75% of physicians in "low-risk" specialties and virtually 100% of physicians in "high-risk" specialties could expect to face a malpractice claim during their careers. However, the authors also noted that the vast majority of malpractice claims did not lead to any indemnity payments.[22]

Not true! There are thousands of physicians sued successfully every year without ending in the loss of their licenses or practices. Although your doctor will have to spend some time defending the suit, throughout the process he will most likely still be able to see his patients and conduct his life as normal. Furthermore, after the conclusion of the suit, he will most likely go back to treating his patients – albeit, hopefully, more carefully this time.


"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.
We offer a completely free, no obligation Medical Negligence Claim Assessment. We understand that suing your GP may not be an easy decision so we are here to help and advise you. We will take the time to listen to your complaint, and then explain whether you can sue a doctor, how long it might take, how you can fund the claim and how much compensation you might receive.

A 2011 study in the New England Journal of Medicine reported that 75% of physicians in "low-risk" specialties and virtually 100% of physicians in "high-risk" specialties could expect to face a malpractice claim during their careers. However, the authors also noted that the vast majority of malpractice claims did not lead to any indemnity payments.[22]


According to a 2006 study, medication errors harm approximately 1.5 million people in the United States every year. Medication errors can occur many ways -- from the initial prescription to the administration of the drug. For example, a patient might be harmed if the doctor prescribes the wrong medication. Or the patient might be harmed by medication that the doctor prescribes to treat a misdiagnosed condition. In a hospital setting, the right drug might be given to the wrong patient.

For example, the Fourth Circuit Court of Appeals held that a Fort Bragg Army Sergeant was injured while he was driving after a mandatory physical training exercise to his on-base residence to shower and change clothes before reporting to his next duty assignment was active duty and was barred from suing under Feres. Courts generally hold that an off-duty, but not on leave service member injured in a car wreck is barred from suit by Feres.
In 2013, BMJ Open performed a study in which they found that "failure to diagnose" accounted for the largest portion of medical malpractice claims brought against health professionals. Furthermore, the study found that the most common result of this negligence was death of the patient.[9] The other most common categories of malpractice include negligent treatment and failure to warn.
Both Lucie and Bez throw into highlight this privatisation of the English health service where the Nation is talked into –“its too dear ” privatise it , this angers me I dont mind paying taxes for it . In Scotland a very different attitude is taken some heath matters are devolved and according to the latest news in an effort to stave off the Scots from leaving the UK our new PM might be willing to devolve much more and even welfare ( but it is a two edged sword ” ) financially wise .

Medical malpractice involves an injury brought about by a breach in the duty of care that a doctor or another medical professional owes their patient. A glaring example might be if the doctor sewed you up with a medical tool left inside of your body, but a less obvious one might be misdiagnosing you and treating a disease that you do not have while neglecting to treat the one they failed to diagnose.
There is a statute of limitations (or time limit in which you can file a lawsuit) for medical malpractice cases. This limit varies from state to state, but in general it is about two years from when the injury occurred. To ensure you file a claim before the statute of limitations is up, you should reach out to a medical malpractice attorney as soon after you realize doctor error occurred.
Typically, nurses, medical technicians, and support staff are hospital employees. As long as the employee was doing something job-related when he or she caused an injury to a patient, the patient can usually sue the hospital for resulting damages. For example, if a registered nurse (R.N.) employed by the hospital injects the wrong medication into an IV "push," and the patient ends up suffering harm as a result, then the hospital could probably be considered liable for the R.N.'s mistake.
The doctrine of contributory negligence eventually evolved, in some states, into a system of comparative fault that permitted recovery on a completely relative scale. Thus, in an accident one could be 90 percent at fault for one’s own personal injury and still sue to recover the 10 percent of the damages suffered that were caused by the other party.
Malpractice in the misdiagnosis of cancer may involve failure to order proper tests, failure to evaluate test results, failure to refer the patient to a specialist and failure to identify obvious physical symptoms. The most common types of cancer that are misdiagnosed include colon cancer, lung cancer and breast cancer. A delay in the diagnosis of cancer may allow the disease to advance and make the condition more difficult to manage.
Damage: The physical and/or monetary costs to the plaintiff that resulted from negligent acts by the medical provider. An example of damage would be a physician assistant’s failure to diagnose the right medical condition which then caused the patient to become sicker, to spend more money on additional therapy, and to incur lost wages for missing work.
Many states require patients to jump through a few hoops before filing medical malpractice lawsuits. These requirements vary by state. A patient might have to file an affidavit of merit in which a qualified medical expert attests that the plaintiff has a valid case. A patient also might have to submit a claim to a medical review board before filing in court, or agree to some form of alternative dispute resolution (ADR).
But, anon, a successful suit doesn't remove a bad doc from practice. Only a licensure action can guarantee that. Suing someone out of a need to punish them may accomplish little. The real purpose of civil suits is to make the plaintiff whole. I suspect even "punitive" damages, if they're ever awarded in malpractice suits, would be covered by insurance.
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A physician that delivers substandard care subjects him or herself to a formal compliant. Misdiagnosis, careless treatment that causes you harm, or an unusual delay in treatment are complaint-worthy medical errors. Prescribing issues, such as under- or overprescribing medication or giving you the wrong medication, are also grounds for a formal complaint. Working under the influence of drugs or alcohol; sexual misconduct; practicing without a license; and altering records are a few other examples of proper types of complaints.
However, the increasing inefficiency of the HPCSA has ensured that this is no longer the preferred route for potential litigants. The grave state of the organisation is now official; a task team appointed by the Minister of Health reported its findings in November 2015, describing the HPCSA as suffering from “multi-system organisational dysfunction”.
Thanks, Ian. I thought such cases were isolated [there is a similar situation not far from us but there have been no references to other examples and I thought perhaps Quin’s report was related to that case]. Is there a common cause? Are practices becoming “incorporated” like schools are and doctors don’t want to work under those constraints? Perhaps the most recent changes to GP’s contracts have altered their attitude and commitment to community general practice. I agree, it is all rather disturbing.
Medical malpractice suits are usually filed in a state trial court, unless the case involves federal funding, a military medical facility, or or a Veteran’s Administration facility: then it would be filed in a federal district court. A claim may also be filed in a federal court if the parties involved are from different states, or if there was an accused violation of a fundamental constitutional right.
Lucie anything to do with your lungs should be taken seriously .A lung infection makes its way down your lungs starting with upper congestion ,it is not something that “goes away ” unless you have a high body resistance and it lasts for a long time (years). It can cause permanent scarring to the lungs and giving you a low dose of anti-biotics without an x- ray and hospital investigation can not only only be temporary relief it can make the infection stronger because it can easily overcome the anti-biotics if the infection is deep enough . If the pills the doctor gave you didnt work inn the long run and you still have it and it is getting worse then your health is in serious danger at the very least of permanent lowering of lung efficiency , which if you had an accident and needed serious surgery would hamper your ability to be given anesthetics via the mouth . While this is the serious end of it , this is something nobody should make light of , if your doctor is not ,in your eyes performing his duties of keeping you in good health you can complain to the county council and also the medical authorities . Your health is in YOUR hands please dont leave this Lucie. I have worked in hospitals (infectious diseases ) and that includes serious lung infections and the results thereof .

Hospitals are usually not liable for the medical malpractice of doctors because most doctors are independent contractors. However, some doctors  are  employees of hospitals. Whether a doctor is an employee of the hospital depends on the nature of his or her relationship with the hospital. The following are a few of the general characteristics that might suggest the doctor is an employee:
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).[55][56][57]
Back surgery remains a highly controversial area of surgical medicine and the ambiguity of the outcomes supports why some surgeons are extremely conservative in identifying good surgical candidates. The first surgeon did not find you to be a good surgical candidate, the second one did. "proving" that surgeon #1 lied to you may assuage your outrage, but does nothing to further your case or your health and it's likely to fail in court. So my opinion, move on. Best of luck.
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