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.
Ex.: New York has a two-and-a-half year statute of limitations for medical malpractice cases, set by New York Civil Practice Law and Rules section 214-a. Let’s say a surgeon in New York negligently leaves a foreign object in a patient during surgery. What if the patient discovers the object 3 years after the surgery? In this example, the patient still has time to sue because New York has adopted a 1 year discovery rule. This patient actually has 1 year after discovery of the object to file a lawsuit. (Note, however, that if there is proven evidence that the plaintiff missed the statute of limitations because the object should have been discovered earlier than it was, then the case could be dismissed.)
The important thing is not suing, but getting you the medical care you need. Have you tried contacting the medicaid office for your area? Have you spoken with the hospital social worker about any resources that may be available to you? There are resources for people who can't afford medical care. Focus on getting access to medical care, and good luck.
Every medical malpractice case is different and relies on a unique set of facts. However, there are scenarios that more commonly align with a medical malpractice case. For example, a nurse or medical technician may give a patient the wrong type of medication or dosage. Another reason for a medical malpractice case is if the hospital employee did not follow the treating physician’s instructions regarding the care of a patient.
Many states limit the amount a plaintiff can recover in a medical malpractice lawsuit. For example, subjective damages like “pain and suffering” might be capped at $250,000. In a state with that kind of cap, you wouldn’t be able to recover more than $250,000 plus any medical expenses, lost wages and other “concrete” damages caused by the malpractice.
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.
The civil tort of assault is premised on the fact that a person says something or otherwise implies that he or she will have some type of harmful or offensive contact with the victim and the victim has reasonable apprehension of this contact occurring. This tort does not require that the contact actually occur, but merely requires that the victim has the apprehension that it will. In the medical context, this may occur if a doctor threatens to take medical action against the patient’s will.
My wife answered that question as you would have all doctors answer it, with a YES. Now that same patient who accused her of being cold, and having no empathy for their unbearable pain, is being SUED for everything she’s got because they couldn’t take responsibility for their own misuse of ADDICTIVE drugs. There is no such thing as chronic pain control WITHOUT potential dependance/addiction, and despite the constant pleas of ignorance in courtrooms all over this country, every adult in this society KNOWS THAT.