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Medical Malpractice Jail | Medical Malpractice Eye Cases

on a regular basis. Prescribe toxic drugs to children, teens, adults and the elderly, drugs known to create psychosis, anxiety, akathisia, abnormal thoughts, suicidal and homicidal thoughts. Drugs causing diabetes, tardive akathisia, metabolic syndrome, heart attacks... And they prescribe them in cocktail poly drugging format. Some of the real lunatics in this fake area also brain damage their victims with ECT.

A doctor-patient relationship existed. You must show that you had a physician-patient relationship with the doctor you are suing -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. 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.
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
There is a limited amount of time within which a patient can make a medical malpractice claim against a medical professional. While the actual statutes of limitations for these claims vary by state, you will always have at least a year after the injury has taken place. The list below contains the statute of limitations for each state. Note that in many states, the statute contains considerations regarding when a patient discovered or realized medical negligence occurred. This is referred to as the discovery rule.

Seek out an appropriate specialist who can treat your specific injury.  Give the doctor your full medical history, including the circumstances surrounding the recent medical error.  Remember that medical records are the most important factors when determining a doctor’s error.  Make sure you give the new doctor enough correct and thorough information to ensure that the charts accurately record your state of health following the medical error.  To make sure your doctor fully understands your present condition and that these facts are properly recorded, be sure to share the “complete picture” by explaining what your health was like before, during, and after the accident, as well as your current condition.  Make sure your new doctor has access to any medical records that may impact his/her diagnosis and plan for treatment.
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.
I was referred to a GI about my chronic condition that is out of control. when I got through all the red tape and hassle that comes along with Medi-cal I was able to finally go to the appointment. When I got there he refused to treat me or give the most important medication I needed. He said that he does not have experience in my condition because the Asian community rarely has cases of this condition (He is asian and I am not). I told him I am in urgent need for my medications but he said he cannot help and that I need to see another GI. I think he refused because I have Medi-cal because he made a couple of comments on my insurance. and some racism might be involved because of the Asian comment he made and the fact that all the ppl in the waiting room were asian.
In the mid 1990s the concept of a ‘gratuitous care’ award was developed by the High Court.  Basically, if you can’t look after yourself or your house (or in some cases your children) because of your injuries, then you can claim the cost of a commercial carer or cleaner even though your family is doing the tasks you can’t do.  For a while this was a very lucrative area of damages but now there are laws that place both a threshold and a cap on what you can claim.  Put simply, you aren’t entitled to any gratuitous care award unless you need at least 6 hours of assistance per week for at least 6 continuous months and the hourly rate of any award is capped at the Average Weekly Earnings hourly rate.  You should be careful, however, not to confuse gratuitous care with commercial care, which is a different claim for damages entirely and which is not the subject of thresholds or caps.
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.
Our law firm has the resources to build a strong claim for maximum damages. As our legal team prepares claims for damages, we often collaborate with experts in such areas as medicine, vocational rehabilitation and economics, as well as such specialties as neuropsychology, geriatrics, pediatrics or child development, depending on the specific circumstances of the case. In appropriate cases and with the permission and assistance of our client, our damages presentation may also include the creation of a “day-in-the-life” video to illustrate the ways in which negligent medical care has changed our client’s life. Our team goes above and beyond to demonstrate what full and fair compensation should be for our clients.

Why is the statute of limitations deadline so important? If you try to file your claim after the deadline has passed, the health care provider you're trying to sue us sure to make a motion to dismiss the case, and the court is certain to grant it -- unless there's a reason to extend the deadline as it applies to your case, including the exceptions we've discussed in this article.

If we accept your claim on a Conditional Fee Agreement, we will always aim to beat a success fee offer by another firm. You should be aware that there may be deductions from your damages in relation to and after-the-event (ATE) insurance policy, this protects you from any adverse costs. Here at Been Let Down, we are highly experienced Solicitors who will maximise the damages you are entitled to, which gives Been Let Down a competitive edge over other Solicitors offering the same services.

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A 1950's court decision in England produced what is commonly referred to as the Bolam test. Bolam laid the groundwork for an informal three-pronged test employed in the UK and the US alike. The Lancet wrote, "Since Bolam, modern medical negligence law can be whittled down to three fundamental factors: one, confirming the patient was “owed a legal duty of care” by the health practitioner who is the “defendant” in cases of medical negligence; two, establishing that the defendant was in “breach” of that duty of care in failing to reach the standard of care required by law; three, proving that this breach of duty caused or contributed to the damage or injury to the patient.” These are the elements a patient must prove in order to win a malpractice case today. A breach of standard alone is “meaningless” with regards to liability unless it proximately results in injury to the patient.
Yet you actually believe that medical practices are going to continue to risk everything for nothing just because you think you can shame them into playing right into their enemies hands? Because courtrooms and juries across this land, are very quickly forcing doctors to see those patients who beg them to risk everything to relieve their pain as potential enemies and destroyers of everything they’ve spent a lifetime building. If just one out of a thousand patients turns into your enemy for profit, you loose half a lifetimes work, let 2 out of a thousand do it and your FINISHED. You wouldn’t risk your business or your financial future, betting on the sterling character of everyone that walks through your door, why should doctors be different? Newsflash!! Drug abuse (legal or otherwise) can destroy your life !! But let an unscrupulous lawyer tell you that he can not only give it all back to you, but make you a millionaire to boot, all you have to do is be willing to put that blame on somebody else… Well who ISN’T going to go for that deal? The number 1 cause of all drug abuse is IRRESPONSIBILITY, yet you think drug abusers wont jump at the chance to hold ANYONE but themselves responsible?
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!
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]
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.

The lady in risk management was very nice and very sympathetic and apologized profusely for everyone who had behaved badly. She forced the doctor to send in a prescription for the correct quantity of the med he had lied about and claimed was an opiod. I checked with my mail-in pharmacy and with two local pharmacists where I live and they all said that my med is definitely not an opiod and that a 90 day quantity is done all the time. So I had to pay almost $80.00 for the 30 day script the incompetent doctor sent in, and then when he was forced to send in another script that was correct, I will have to pay $120.00. Had he done what he was supposed to do from the start, I would not have had to pay the unnecessary expense of the $80.00. So, I know my experience was not nearly as harrowing as many of the ones I have read, but I have to agree with all of you. There really are some incredibly bad, incompetent, and I'd go so far as to say evil doctors out there. Who knows? Maybe they are crazy too, and they are taking it out on their patients and they just haven't been caught yet. All I know is that I've had incompetent doctors before, but I have NEVER had one who was just so nasty, so unprofessional, and who made me feel like I just needed to take a shower after I'd been in his presence. People like that should have their licenses revoked. They do more harm than good and they have no business being in this line of work.


The doctor's negligence caused the injury. Because many malpractice cases involve patients that were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than the cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.
"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.
When a hospital makes a mistake that rises to the level of negligence, a patient has a legal right to receive compensation for any resulting injuries. While medical malpractice laws are designed to protect the rights of patients who have been given substandard medical care, the first step in asserting those rights must usually be taken by the patients themselves. This article describes those steps in-depth.
Under Ohio law, a medical malpractice lawsuit must be filed within one year from the later of one of two dates. This is known as the statute of limitations. Those dates are (1) when you discover the injury or (2) from the last date of treatment with the negligent medical provider. There are exceptions to this rule. Therefore, if you think you or a loved one has suffered due to medical malpractice it is imperative that you contact us at your earliest possible convenience so that we can provide you with an opinion as to whether or not you have a potential medical negligence claim. If a loved one has passed away due to medical negligence the family has a separate claim known as a wrongful death lawsuit. This is subject to a two year statute of limitations from the date of death.
There are lots of laws applicable to punish physicians who make affirmative bad judgments as to medical care and treatment. But there is no law that affirmatively compels a physician to prescribe or provide medication that the physician does not believe is in the patient's best interests. This doctor told you that he lacks the knowledge to conclude that the drug you wanted was correct for a patient in your circumstances. Given that fact, he had no legal choice but to decline to provide that drug.
Attorney Lawrence J. Buckfire of the Buckfire Law Firm® is responsible for the content of this legal advertisement. His office address is 29000 Inkster Road, Suite 150, Southfield, MI 48034 and telephone number is (800) 606-1717. Buckfire Law serves all cities and counties in Michigan, including: Ann Arbor, Battle Creek, Dearborn, Metro Detroit, Flint, Grand Rapids, Kalamazoo, Lansing, Monroe, Mount Clemens, Mount Pleasant, Muskegon, Port Huron, Saginaw, Sterling Heights, Troy, Warren, Detroit Downriver, Mid-Michigan, Northern Michigan, Thumb Area and West Michigan.
Suing the Government under the FTCA is different than suing a private company or individual.  There are a number of hoops that you have to jump through before you can even file the lawsuit. There are also certain limitations in lawsuits against the Government that you don’t have in lawsuits against private parties.  While you are entitled to a trial under the FTCA, it is a “bench trial,” meaning the judge renders the decision and not a jury.  Fortunately for the victims in the above-referenced malpractice case, the judge recognized the serious and permanent nature of the child’s injuries and the extraordinary expenses that would be required to provide for the child’s future medical and life care needs.
It is not easy to get a full picture of the increase in medical malpractice cases in South Africa, as there is no central register. Cases can be settled in court, out of court or via mediation. If matters are settled out of court or via mediation, there is no public record of compensation. However, if all sources of information are collated, it would certainly appear that both the number and levels of claims are increasing, and this is affecting the overall cost of health care in the country, including what you pay for medical scheme cover.

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.
Patients can already sue doctors for prescribing medications if they can prove that writing the prescriptions violated the standard of care and that they have suffered damages as a result. But Tick wants to take the concept a step further. If the patient sues a doctor and wins, the patient should receive payment for rehabilitation, possible punitive damages, and attorney’s fees.
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.
People have a tendency to downplay their injuries because they do not want to be seen by others as complaining or needy. In fact, those that are more severely injured tend to downplay their injuries the most. Before you are convinced that your injuries don’t warrant some type of compensation, it is best to be examined by an independent medical expert. You may be entitled to lost wages, medical expenses, or compensation for pain and suffering.
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