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Medical Malpractice Firms | Medical Malpractice Deaths

The ancient Romans also had a legal foundation for medical malpractice law. Their first written laws, on the XII Tables, included the concepts of delicts, iniuria, and damnum iniuria datum. Delicts were types of wrongful conduct that involved penalties. Inuria and damnum iniuria datum were two types of delict. Inuria referred to personal injuries, and damnum iniuria datum referred to injury of property, which could include slaves. Inuria only included injuries that were intentionally caused. A person could be compensated for pain of mind or body as well as monetary expenses resulting from the injury. Damnum iniuria datum also included harm caused by negligent actions, but only mandated compensation for economic losses caused by harm to property. For example, if someone’s slave required medical attention as the result of another person’s negligent actions, they could demand payment through damnum iniuria datum. Eventually, this law was expanded to apply to free men in addition to slaves (O’Connel and Carpenter 1983).  
I had to change pain mgmt. clinics as the clinic I was in decided to implement a ceiling in terms of MME dosing that they are allowed to prescribe and I happened to be right at their ceiling (again – stable patient here, no changes on my side for 9yrs and they are the ones that put me in that dosing and it worked well – I know I’m a bit of a freak of nature in this way but there are people like me that can stay stable and not need frequent increases, though we are edge cases).
As the field of medicine has advanced in capability and courage, so have the scope of possible mishaps, and throughout the course of medical malpractice history, there have been some veritably unbelievable cases. Cerebral palsy resulting from mistakes in the birthing process has been seen a number of times, and almost invariably results in enormous payouts. One mother was awarded $74.5 million after her child was born with cerebral palsy and her physicians falsified records to cover up wrongdoing.
Why is it important to differentiate between malpractice and simply poor doctoring? Because in a successful malpractice case, the patient can recover money damages to compensate for injury, including emotional harm. Alternatives to a malpractice lawsuit include filing a human rights complaint, filing a complaint with the psychiatrist’s employer, filing an ethics charge against the psychiatrist, writing negative online reviews for the psychiatrist, or speaking with the psychiatrist directly. However, these alternatives will not provide recompense to the patient for any harm inflicted.
If you have been injured by someone acting on behalf of the Federal Government, you may be able to sue the Government under the FTCA.    Because suing the United States Government under the FTCA is trickier than suing a private entity or private citizen, you should retain an attorney who is experienced in handling these complex cases.  The FTCA attorneys at Suthers Law Firm have successfully represented individuals in medical malpractice and personal injury cases against the Government, and have the requisite experience and resources to take on the Government.  If you or a loved one has been injured at the hands of the Government, contact Suthers Law Firm for a free consultation.

I disagree about it being an issue of "personal background." Whether or not the doctor had previously lost patients from that procedure, and whether or not he had had action taken against him is professional background, not personal. "Personal" implies that it affects only the private life of the individual in question. Just because something could go wrong no matter how skilled the surgeon doesn't justify lying about the outcome of prior surgeries, especially given that the patient directly asked. It wasn't a lie of omission, it was a flat-out lie about something that the patient clearly considered important information to their decision about the surgery.
You facts do seem to point to malpractice. In light of time limitations, I would consult with a medical malpractice attorney asap, for a free consult - bring your medical records with you as well as any other evidence, so he can thoroughly review it. With any luck, you can settle this case rather then expend huge somes litigating and preparing for trial, because the experts along cost quite a bit.
In an action against a surgeon for malpractice, the jury should be instructed that the plaintiff must show by a preponderance of the evidence and the jury must find that the defendant in the performance of his service either did some particular thing or things that physicians and surgeons of ordinary skill, care and diligence would not have done under the same or similar circumstances, or that the defendant failed or omitted to do some particular thing or things which physicians and surgeons of ordinary skill, care and diligence would have done under the same or similar circumstances.
I find it impossible that he does not know about my illness. He has 23 yrs of Experience. Commercials about my condition are every other day and the medication he refused to give is on all the time. that been said, it is not possible that he does not know from a common sense perspective, putting that aside, he did not bother to ask about my symptoms so he can prescribe something for the symptoms he knows. That is neglect. I told him that I take a med that suppresses the immune system, he could have done blood labs to check for infections or just to humor me or put me at ease until I get another doc.

I contacted my Gp Friday for appointment a 2 week wait. Call at 8.30 Monday for telephone consultation..called continuously from 8.30 to 9.05 . line busy. over 100 times I tried kept finger on call button theres no way other people got through only 1 line. So got to speak around 9.05 sorry all consultations are gone, try tomorrow. No place to leave comment on website, how convenient. I know NHS is stretched but theres no way that anyone got through the fone line was not busy they had it switched so could finish their coffee . I am raging
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To add indirectly to Jeremy,s post a “startling ” piece of news has reached me from the Home of far-right Capitalism in relation to health care .AS you know the biggest debt in the US is health care not a mortgage many people taking their whole lives to pay off the medical charges “Obamacare ” was introduced but highly criticised by insurance companies and BB who were in the medical business . But hold on the great State of Colorado could become the first US State to replace it with —hold on —- an equivalent of the UK NHS — dont all jump up with indignation shouting –never ! we wont let it its “un- American ” they actually want to impose a tax hike on Colorado residents to pay for it –$38 billion of 10 % on the payroll tax –notice in this country cameron is using that as an excuse to Privatise the NHS . It would mean all residents would have EQUAL care – no gold-silver or bronze care and they could chose any doctor and specialist whether in or out of the network and deductibles would also be elimated . US BB medical are spitting fire as is Insurance groups ,do I need to say why ? well yes some might still think the US is run in a philanthropic manner —Profit -money $Billions – it will be interesting to see how far it gets and whether the Colorado residents vote it in ,there again they voted in Bernie Sanders so there is a chance . I look forward to watching massive funds being pumped into media advertising telling the people how its too dear when US medical costs are enormous even priced down to napkins and face masks etc etc.
My problem now is I feel like a shell of who I was, a very successful sale manager earning 6 figures+ to now, not being able to hold a job and being on disability. I can't remember things or conversations that I have had. I can't be in places where there are too many people, forget a mall or a nice restaurant. My wife and daughter have affectionately resorted to nicknaming me "turtle" because I can't keep up. I just roll with it but it really hurts knowing I was once the sole provider of a very nice lifestyle for my family to becoming this exhausted, tired, uninterested person. I speak with no one, I have not 1 friend and for the most part, never leave the house. My brain feels scrambled all the time, foggy.

Medical malpractice occurs when patients are harmed by the actions (or inaction) of doctors and other healthcare professionals. Common types of cases in this area of law include childbirth injuries, medical misdiagnosis, surgery errors, and hospital related infections. Learn about common types of medical malpractice and legal issues like informed consent, medical negligence, and damage caps in medical malpractice cases.


I find it impossible that he does not know about my illness. He has 23 yrs of Experience. Commercials about my condition are every other day and the medication he refused to give is on all the time. that been said, it is not possible that he does not know from a common sense perspective, putting that aside, he did not bother to ask about my symptoms so he can prescribe something for the symptoms he knows. That is neglect. I told him that I take a med that suppresses the immune system, he could have done blood labs to check for infections or just to humor me or put me at ease until I get another doc.
In the wake of a medical malpractice accident, you should hire a personal injury attorney so he/she can determine if somebody negligently provided medical care to you and who can determine what injuries were caused as a result. If a personal injury attorney determines that medical malpractice did occur, a lawsuit can be filed. One of the most important things that you can do is to take pictures of any things that don't look right- such as cuts or abrasions. You can also gather all hospital records, request more medical documentation from a hospital and research a doctor's medical track record. Keep a journal to record the medical malpractice incident, your injuries and follow-up care.

The philosophy of our law firm regarding damages is simple: obtain the maximum monetary recovery possible for each client. We accomplish this by relying on our decades of experience to diligently prepare our cases for trial and aggressively advocate for our clients. Our financial resources, technological tools and access to outstanding experts in various fields allow us to provide top-notch representation to our clients.


Drove to hospital yesterday , took 1/2 hour to get parked , walked to reception , handed in form, walked to opthalmology , walked into crowded waiting room, looked for seat, saw one , walked towards seat , as I did so female appeared, Richard Bryston–Duncan Lucas , no Richard Bryston , step into room – Why did I get called so quickly — all the rest never kept their appointments and I was an hour early .
Prior to his presidency, Abraham Lincoln was a distinguished medical malpractice attorney, taking on cases for physicians and patients alike. Lincoln represented two defendant physicians who treated a man when a chimney fell on him. The physicians applied splints to the patient's legs, assuming he would not survive his injuries. The patient survived and was left with a crooked right leg when the splints were removed. The man recruited six attorneys, 15 physician witnesses and 21 other witnesses in his suit against the two physicians. Lincoln presented the town's only other 12 physicians. Harking to the modern statute of limitations and the importance of fresh and compelling evidence, Lincoln believed the best defense was the passage of time and so he obtained many postponements. The trial resulted in a hung jury.
Most people are able to get to at least second base with a failure to warn claim.  Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given.  Getting copies of the doctor’s medical notes can help with this element.
I happen to agree with your statement about there being a possibility for future cancer patients not getting the treatment they need if I was to take further action. But I wonder what exactly makes you assume that I am “living on welfare looking for even more “free money””? Ever consider that my cancer diagnosis wasn’t the only reason I am on disability? And really?? Did you read the post where I said I’m okay with coming off the meds? Its difficult, yes. But i have a choice every day to simply call up any unscrupulous doctor and get a prescription any time I want. I don’t do that. I’m sticking with the doctor who is weening me, because I believe it needs to be done. All you seem to have read was that I want more medicine, when I don’t.
You're extremely confident in your opinion. Have you considered the possibility that neither of you is interpreting reality on an objective level and that you are actually harming your son based on that absolutism? Saying that it's 100% true seems a bit off unless you have a photographic memory, especially when you think that they believe every word of his and are doing the wrong thing.
In the United States, there are many jurisdictional issues that could bar bringing a claim in an American court. Litigants would have to establish that the doctor had sufficient contacts with the United States for it to exert jurisdiction over him or her. Even if the court does find that it can take jurisdiction over the case, it has to determine which nation and state’s laws would apply.
According to a study by the Department of Health and Human Service's Agency for Healthcare Research and Quality found that one in ten patients that die within 90 days of a surgery are killed because of a preventable error. When medical malpractice occurs, not only are patients' lives adversely affected, so are their pocket books. According to the Department of Health and Human Service's study:
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.

In view of Daubert and Kuhmo, the pre trial preparation of expert witnesses is critical.[16] A problem with Daubert is that the presiding judge may admit testimony which derives from highly contested data. The judge may expand the limits contained in the "school of thought" precedent. Papers that are self-published may be admiited as the basis for expert testimony. Non-peer reviewed journals may also be admitted in similar fashion. The only criterion is the opinion of a single judge who, in all likelihood, has no relevant scientific or medical training.[17]
Although this may sound like “tough love”, if you feel that you need or want to bring suit against your doctor because he or she injured you or a loved one, and your family or friends are giving your grief about it, maybe it’s time to think about whether they really have your best interests at heart. If bringing suit is something you feel that you need to do to pay for lost wages, medical bills, pain and suffering, or just to regain some sense of control over the situation, your good friends and family will eventually come to understand and stick by your side.
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