free
hit counter
Medical Malpractice In The United States | Medical Malpractice Effects

The 10th US Court of Appeals reviewed various similar informed consent cases and found that courts took different views on whether or not lying to a patient about a physician's background could be considered a breach of informed consent. Some courts held that doctors could be found liable only if they lied regarding the risks of the proposed treatment. In this case, the appellate court decided that the patient should have had a chance to make the argument, and sent the case back for retrial on that issue.

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.
For example, if the hospital appeared to others to be the employer of the doctor, the patient may be able to sue if the hospital did not clearly state that the doctor was not actually an employee. Additionally, a hospital may be sued in some states if it knows that a doctor is incompetent or dangerous and still keeps the doctor on staff. Barring these exceptions, if a hospital employee commits negligence while the non-employee doctor is present and the doctor had control of the situation to prevent the employee’s negligence, the hospital may not be able to be sued.
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??
I tried to make an appointment with my GP only to be told I couldn’t get in to to see one for five weeks I couldn’t help but laugh. She said if it’s an emergency the doctor could ring me back so i explained to the receptionists my problem and she classed it an emergency appointment . So I waited all day with my phone next to me only to have a phone call from the receptionists to say the doctor had been called out on an emergency and would call me back in the morning. So all day I waited yet again for a phone call from the doctor, eventually the next day I received a missed call at 6.50 in the evening with a message from my GP apologising for the delay , and could I ring the following morning to see if I can get in because it’s clear I need to see a doctor. I do understand doctors are really busy but to me this is ridiculous . So I have now decided to. Change to a different doctors surgery which is a real shame because I’ve been at this surgery for 25 years.
Second, you should never be paying money to any lawyer upfront to bring your malpractice suit. A lawyer should never ask you for money to pay for the costs of your case. If he does, find a new lawyer pronto! Law firms experienced in malpractice litigation will never ask their clients to pay for the expenses of their case. It is a cost of doing business for malpractice law firms to pay for the costs of hiring medical experts, obtaining medical records, paying for depositions, and the like. Lawyers who ask you to pay for the costs of your case before the case is resolved have no business in malpractice litigation and you should take such a request as an urgent warning to find a new lawyer.
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.
Cavendish ruled that a physician could be held liable if and when they harmed a patient as a result of negligence while stipulating that a physician who diligently adhered to the standard of care would not be liable even if he accomplished no cure. A legal precursor to expert testimony came in 1532, when a law passed under the reign of Holy Roman Emperor Charles V, requiring the opinion of medical men to be taken in cases of violent death. In 1768, Sir William Blackstone penned Commentaries on the Laws of England, in which he recruited the Latin term “mala praxis” to describe the concept of professional negligence, or ‘tort' in modern parlance. Blackstone noted that mala praxis “breaks the trust which the party had placed in his physician, and tends to the patient's destruction.” The proper term of ‘malpractice' was coined sometime thereafter, deriving from Blackstone's work.

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]
^ Faulty Data and False Conclusions: The Myth of Skyrocketing Medical Malpractice Verdicts, Lewis L. Laska, J.D., Ph.D. and Katherine Forrest, M.D., M.P.H. Commonweal Institute, October 6, 2004. From the report, "The premise that medical malpractice awards have been rising dramatically in the United States in recent years, driving up the cost of healthcare and forcing physicians out of practice, is not supported by relevant evidence."

Rather, the law only requires medical professionals to act according to the proper standard of care. If you have evidence that your doctor violated this standard when failing to diagnose your condition, then you may have a legitimate malpractice claim. Oftentimes, an expert witness will be called in to determine whether a medical professional did indeed violate his or her standard of care.
According to the Institute of Medicine, up to 98,000 people die in hospitals in the United States every year as a result of medical errors that could have been prevented.  These medical errors are the eighth leading cause of death in the United States, which is higher than motor vehicle accidents. Victims of medical malpractice and their family members do have legal rights to sue a hospital in the event that negligent medical care causes an injury or 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.
Cavendish ruled that a physician could be held liable if and when they harmed a patient as a result of negligence while stipulating that a physician who diligently adhered to the standard of care would not be liable even if he accomplished no cure. A legal precursor to expert testimony came in 1532, when a law passed under the reign of Holy Roman Emperor Charles V, requiring the opinion of medical men to be taken in cases of violent death. In 1768, Sir William Blackstone penned Commentaries on the Laws of England, in which he recruited the Latin term “mala praxis” to describe the concept of professional negligence, or ‘tort' in modern parlance. Blackstone noted that mala praxis “breaks the trust which the party had placed in his physician, and tends to the patient's destruction.” The proper term of ‘malpractice' was coined sometime thereafter, deriving from Blackstone's work.
If you file a complaint with the medical board and then file suit, know that the medical board can only take administrative action against the doctor’s license to practice medicine. It can’t help you pursue a medical malpractice case. It also can’t disclose any information that it collects during the course of its review with you or your family members.
The doctor knew full well this would happen – there is no excuse and I will not let this slip. No one should. I like the comment regarding managing your own pain as a chronic pain pt however there is no amount of managing you can do when you span years and your body is used to something and then it goes away.. You may not be addicted mentally but your body will betray you in the end as I’m showing you – I never asked for an increase, I never misused my meds, I never sold them – I was stable for 9 years. I would not consider myself an addictive-personality either but your brain gets re-wired and this is a case that no one should ever have to face.
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.
What are the early signs of pregnancy? Some people may know they are pregnant soon after they have conceived. Others may not be so sure, as signs of early pregnancy can be very similar to premenstrual ones. Missing a period is the most significant symptom, but there are other ways to tell if you might be pregnant. This article looks at 12 early signs. Read now

This is where a “Pain Management” doctor should potentially be liable (your avg. doc should not – but those specially trained in this area have NO EXCUSE for this kind of mis-treatment of a patient with a solid history). This is all well documented, there is no valid excuse in forcing patients into withdrawl and destroying a weeks or more of their life (or their lives entirely in many cases) – the impact to your family and job are tremendous. It is exactly this kind of poor practice that leads people down the wrong path to things like heroin. I was fortunate and toughed it out (my wife was very supportive), having the new meds (though not effective enough to control my pain 24/7) was better than nothing but the withdrawal ..was ..terrible AND unnecessary.
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.
A study by Michelle M. Mello and others published in the journal Health Affairs in 2010 estimated that the total annual cost of the medical liability system, including "defensive medicine," was about 2.4 percent of total U.S. health care spending.[53] The authors noted that "this is less than some imaginative estimates put forward in the health reform debate, and it represents a small fraction of total health care spending," although it was not "trivial" in absolute terms.[53]

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.
!function(e){function n(t){if(r[t])return r[t].exports;var i=r[t]={i:t,l:!1,exports:{}};return e[t].call(i.exports,i,i.exports,n),i.l=!0,i.exports}var t=window.webpackJsonp;window.webpackJsonp=function(n,r,o){for(var s,a,u=0,l=[];u1)for(var t=1;td)return!1;if(p>f)return!1;var e=window.require.hasModule("shared/browser")&&window.require("shared/browser");return!e||!e.opera}function a(){var e="";return"quora.com"==window.Q.subdomainSuffix&&(e+=[window.location.protocol,"//log.quora.com"].join("")),e+="/ajax/log_errors_3RD_PARTY_POST"}function u(){var e=o(h);h=[],0!==e.length&&c(a(),{revision:window.Q.revision,errors:JSON.stringify(e)})}var l=t("./third_party/tracekit.js"),c=t("./shared/basicrpc.js").rpc;l.remoteFetching=!1,l.collectWindowErrors=!0,l.report.subscribe(r);var f=10,d=window.Q&&window.Q.errorSamplingRate||1,h=[],p=0,m=i(u,1e3),w=window.console&&!(window.NODE_JS&&window.UNIT_TEST);n.report=function(e){try{w&&console.error(e.stack||e),l.report(e)}catch(e){}};var y=function(e,n,t){r({name:n,message:t,source:e,stack:l.computeStackTrace.ofCaller().stack||[]}),w&&console.error(t)};n.logJsError=y.bind(null,"js"),n.logMobileJsError=y.bind(null,"mobile_js")},"./shared/globals.js":function(e,n,t){var r=t("./shared/links.js");(window.Q=window.Q||{}).openUrl=function(e,n){var t=e.href;return r.linkClicked(t,n),window.open(t).opener=null,!1}},"./shared/links.js":function(e,n){var t=[];n.onLinkClick=function(e){t.push(e)},n.linkClicked=function(e,n){for(var r=0;r>>0;if("function"!=typeof e)throw new TypeError;for(arguments.length>1&&(t=n),r=0;r>>0,r=arguments.length>=2?arguments[1]:void 0,i=0;i>>0;if(0===i)return-1;var o=+n||0;if(Math.abs(o)===Infinity&&(o=0),o>=i)return-1;for(t=Math.max(o>=0?o:i-Math.abs(o),0);t>>0;if("function"!=typeof e)throw new TypeError(e+" is not a function");for(arguments.length>1&&(t=n),r=0;r>>0;if("function"!=typeof e)throw new TypeError(e+" is not a function");for(arguments.length>1&&(t=n),r=new Array(s),i=0;i>>0;if("function"!=typeof e)throw new TypeError;for(var r=[],i=arguments.length>=2?arguments[1]:void 0,o=0;o>>0,i=0;if(2==arguments.length)n=arguments[1];else{for(;i=r)throw new TypeError("Reduce of empty array with no initial value");n=t[i++]}for(;i>>0;if(0===i)return-1;for(n=i-1,arguments.length>1&&(n=Number(arguments[1]),n!=n?n=0:0!==n&&n!=1/0&&n!=-1/0&&(n=(n>0||-1)*Math.floor(Math.abs(n)))),t=n>=0?Math.min(n,i-1):i-Math.abs(n);t>=0;t--)if(t in r&&r[t]===e)return t;return-1};t(Array.prototype,"lastIndexOf",c)}if(!Array.prototype.includes){var f=function(e){"use strict";if(null==this)throw new TypeError("Array.prototype.includes called on null or undefined");var n=Object(this),t=parseInt(n.length,10)||0;if(0===t)return!1;var r,i=parseInt(arguments[1],10)||0;i>=0?r=i:(r=t+i)<0&&(r=0);for(var o;r
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.
Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen. There are no guarantees that any treatment, no matter how commonplace, will be successful. As such, it is possible -- and even common when it comes to some procedures -- for doctors to do everything right and still fail to obtain a good result.
There are any number of scenarios under which a physician can be negligent. Keep in mind that in the examples above -- and in every other case -- it is incumbent upon you to prove that your physician breached his duty to practice according to the standard of care, and that breach caused you harm. See What You Need to Prove to learn about the key legal pieces you and your attorney would need to put together.
A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. When a doctor's diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient's condition can be made much worse, and they may even die. That being said, a mistake in diagnosis by itself is not enough to sustain a medical malpractice lawsuit.

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.
The report by the Indiana Department of Health identified 21 surgeries on the wrong body parts and 4 wrong surgical procedures performed on patients in 2014. The problem is common enough that the federal Joint Commission on Accreditation of Healthcare Organizations published a protocol for healthcare providers to follow that includes a “timeout process” to prevent wrong operations and wrong-site surgery. Unfortunately, a fifth of our hospitals have not adopted the protocol.
In fact, filing a civil suit against your doctor does not even guarantee that he will be investigated. In order for your doctor to be investigated, a complaint would have to be filed against him with the New York State Department of Health. The Office of Professional Medical Conduct (“OPMC”) is responsible for investigating complaints about physicians, physician’s assistants, and specialist assistants. An investigation may lead to a formal hearing before a committee of the Board for Professional Medical Conduct.
×